Terms and Conditions

Agreement between User and https://www.kristiekayscustoms.com/
Welcome to https://www.kristiekayscustoms.com/. The https://www.kristiekayscustoms.com/
website (the "Site") is comprised of various web pages operated by Kristie Kays Custom
Creations ("Kristie Kays Customs"). https://www.kristiekayscustoms.com/ is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of https://www.kristiekayscustoms.com/ constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
https://www.kristiekayscustoms.com/ is an E-Commerce Site.
At Kristie Kays Custom Creations we design, create, and sell, custom shoes, clothing, and
apparel. We customize any item we sell or can make, with your ideas and designs.
Privacy
Your use of https://www.kristiekayscustoms.com/ is subject to Kristie Kays Customs's Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting https://www.kristiekayscustoms.com/ or sending emails to Kristie Kays Customs
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Kristie Kays Customs is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Kristie Kays Customs and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Kristie Kays Customs does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use
https://www.kristiekayscustoms.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
No item that is custom made may be returned for a refund unless the item arrived broken, or
damaged. Any item purchased in the shop is eligible for a full refund and return for up to 14 days
after purchase, if the item is still new and not worn. Buyer must pay return shipping.
If any custom order is canceled BEFORE the item has been commissioned, there will be no
cancellation fee.
If any custom order is canceled AFTER the item has been commissioned, there will be a
cancellation fee of $50, or the cost of the item, whichever is cheaper, for every item in the order.
We may waive the fee for certain situations at our discretion.
Please contact us at Kristen@kristiekayscustoms.com with any questions.
Links to Third Party Sites/Third Party Services
https://www.kristiekayscustoms.com/ may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Kristie Kays Customs and Kristie Kays Customs is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Kristie Kays Customs is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Kristie Kays Customs of the site or any association with its operators.
Certain services made available via https://www.kristiekayscustoms.com/ are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
https://www.kristiekayscustoms.com/ domain, you hereby acknowledge and consent that Kristie
Kays Customs may share such information and data with any third party with whom Kristie Kays
Customs has a contractual relationship to provide the requested product, service or functionality
on behalf of https://www.kristiekayscustoms.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.kristiekayscustoms.com/ strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to Kristie Kays Customs that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Kristie Kays Customs or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Kristie Kays Customs content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Kristie Kays Customs and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Kristie Kays Customs or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by Kristie Kays Customs from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Kristie Kays Customs
Content accessed through https://www.kristiekayscustoms.com/ in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kristie Kays Customs, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Kristie Kays Customs reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Kristie Kays Customs in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Kristie Kays Customs agree otherwise, the arbitrator may
not consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KRISTIE KAYS CUSTOM CREATIONS AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
KRISTIE KAYS CUSTOM CREATIONS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. KRISTIE KAYS CUSTOM CREATIONS AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL KRISTIE KAYS CUSTOM CREATIONS AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KRISTIE KAYS
CUSTOM CREATIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kristie Kays Customs reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby
consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Kristie Kays Customs as a result of this agreement or use of the Site. Kristie Kays
Customs's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Kristie Kays Customs's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Kristie Kays Customs with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Kristie Kays Customs with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Kristie
Kays Customs with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Kristie Kays Customs reserves the right, in its sole discretion, to change the Terms under which
https://www.kristiekayscustoms.com/ is offered. The most current version of the Terms will
supersede all previous versions. Kristie Kays Customs encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us

Kristie Kays Customs welcomes your questions or comments regarding the Terms:
Kristie Kays Custom Creations
W Oak St.
Oakland city, Indiana 47660
Email Address:
Kristen@KristieKaysCustoms.com

Telephone number:
414-374-2370
Effective as of April 01, 2020

414-374-2370

Oakland City, IN 47660

©2020 by Kristie Kay's Custom Creations.