Agreement between user and killasumaq.com
Welcome to killasumaq.com. The killasumaq.com website (the “Site”) is comprised of various web pages operated by Killasumaq LLC (“Killasumaq”). Killasumaq.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “terms”). Your use of killasumaq.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
Killasumaq.com is an E-commerce site
The purpose of the website it to provide a means to sell high-quality, handmade shoes and footwear.
Privacy
Your use of killasumaq.com is subject to Killasumaq’s privacy policy. Please review our privacy policy, which also governs the Site and informs users of our data collection practices.
Electronic Communication
Visiting killasumaq.com or sending e-mails to Killasumaq 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.
Killasumaq does not knowingly collect, either on or offline, personal information from persons under the age of thirteen. If you are under 18, you may use killasumaq.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Non-Custom Orders: We will make every effort to ensure your satisfaction, but if you are not satisfied with your purchase, we will refund your money at any time for any reason. We do require the item to show no signs of wear and be in the original packaging. Just return the item to us in the same condition it was received in, and let us know what the problem was and if you would prefer to exchange the item or request a full refund. Please include your mailing address and phone number so we can meet your needs in as short amount of time as possible.
Non-custom orders may be canceled by sending us an email prior to the time of shipment. Since the items have not yet shipped, both the shipping and purchase costs will be fully refunded to the credit card used to purchase.
Custom Orders: Due to the unique nature of your self-designed or custom order, we have a stricter returns policy for these items. Please call or e-mail us as soon as you decide you would like to return the item(s), and we will do everything within our power to resolve the situation. In general, we will pay the return shipping and correct defects that arise from the production of the product and re-make or correct the defect. We stand behind the quality of the product. However, since the item was specially made for you at your request, depending on the level of customization, we may provide a full or partial refund or we may not be able to provide a refund at all. This determination will be made by management. Please call or e-mail – we want to make this right.
For custom order cancellations, please call or e-mail to cancel. There may be a fee charged if production has begun.
Links to third party sites/Third party services
Killasumaq.com contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of Killasumaq, and Killasumaq is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Killasumaq is providing these links to you only as a convenience, and the inclusion of any link does not imply an endorsement by Killasumaq of the site or any association with its operators.
Certain services made available via killasumaq.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the killasumaq.com domain, you hereby acknowledge and consent that Killasumaq has a contractual relationship to provide the requested product, service or functionality on behalf of killasumaq.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 killasumaq.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Killasumaq 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 Killasumaq 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. Killasumaq 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 Killasumaq and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you licenses, express or implied, to the intellectual property of Killasumaq or our licensors except as expressly authorized by these terms.
International Users
The Service is controlled, operated and administered by Killasumaq 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 Killasumaq content accessed through killasumaq.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 Killasumaq, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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 and rights of a third party, or your violation of any applicable laws, rules or regulations. Killasumaq 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 Killasumaq in asserting any available defenses.
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. KILLASUMAQ LCC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KILLASUMAQ LLC 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. KILLASUMAQ LLC 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 NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KILLASUMAQ LLC 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 KILLASUMAQ LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATUTES/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
Killasumaq 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 Kansas, and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas 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 Killasumaq as a result of this agreement or use of the Site. Killasumaq’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Killasumaq’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 Killasumaq 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 Killasumaq with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Killasumaq 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 of the parties that this agreement and all related documents be written in English or Spanish only.
Changes to Terms
Killasumaq reserves the right, in its sole discretion, to change the terms under which killasumaq.com is offered. The most current version of the terms will supersede all previous versions. Killasumaq encourages you to periodically review the terms to stay informed of our updates.
Contact Us
Killasumaq welcomes your questions or comments regarding the terms:
Killasumaq LLC
110 S Hillside
Wichita, Kansas
67211
Effective as of June 14, 2020