Terms & Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of our websites (TwistedLeatherCreations.com and KinkyTLC.com) agree that access to and use of this site and all our services, including local and or in-person services and products, are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or our services.

Age Requirements and Refusal of Services:

Twisted Leather Creations reserves the right to refuse service, with or without notice, with or without cause, to anyone.

However, in an attempt to maintain safety, it is at our discretion to refuse sales of some of our products or services to minors under the age of 18. By using our website and/or services, or purchasing our products, you are attesting that you are at least age 18. If you are not, please leave our website immediately or you acknowledge and understand that proof of age may be required before any services or sales of these age restricted items can be fulfilled.

Copyright:

The entire content included in this website or made publicly available elsewhere, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Twisted Leather Creations (Hereto referred to as KinkyTLC, TLC or TLC Online). The collective work includes works that are licensed to TLC. Copyright 2021 & 2022, all rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of communicating directly with TLC. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to conduct business or communications with TLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in advance and in writing by TLC. You further agree not to change or delete any proprietary notices from materials downloaded from our website.

Trademarks:

All trademarks, service marks and trade names used throughout our site are trademarks or registered trademarks of TLC.

Warranty Disclaimer:

This website, its contents and products and crafts are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible and applicable, pursuant to applicable law, TLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TLC does not represent or warrant that the functions contained within our website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the site available are free of viruses or other harmful components. TLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability:

TLC shall not be liable for any special or consequential injury or damages that result from the use of, or the inability to use, the services or products from our business, or the performance or function of the products, even if it has been advised of the possibility of such damages. All users agree that the sale of any items, products and/or services through TLC Online are sold as novelty and collectable items, from a pet friendly environment, using both real and synthetic leather and alternate materials as available, and shall not be liable for any special or consequential injury, illness or damages that may result from the use, or the inability of use, of our services, materials or products sold. TLC shall not be liable to potential allergen or sensitivity exposures, including personal, religious or moral choices, due to the use or possession of any materials or products made available on or through this site or any available services.

You further acknowledge that while many of our products may be created in true fashion to historical, cultural, Fetish and/or commercial purposes and uses, and can often be used in accordance with their construction purposes, we do not recommend the actual use of these in a manner that could pose injury, illness or harm to anyone. This is with particular regards towards the fetish community. Should you choose to use any of our services or products in any form of physical interaction or play, you do so at your own risk and agree to hold TLC, its employees and/or agents, harmless from any potential foreseen or unforeseen illness, injury or damages.

Typographical Errors:

In the event that a product is mistakenly listed at an incorrect price, or an electronic err occurs, TLC reserves the right to refuse any requests placed for a product listed at the incorrect price. TLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or hold of an item, and your order is cancelled, TLC shall issue a credit through PayPal to your account in the amount of the charge.

Payment:

TLC uses PayPal or Square to safely and securely process all sales. Never submit any financial or credit card information directly to TLC Online. All payments shall fall under the user agreements and TOU for PayPal and Square Online.

Term Termination:

These terms and conditions are applicable to you upon your accessing the site and/or completing ordering process. These terms and conditions, or any part of them, may be changed or terminated by TLC with or without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice:

TLC may deliver relevant notices to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to TLC.

Miscellaneous:

Your use of this site or any available services shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products) shall be in the state or federal courts located in Spokane County, Washington. Any cause of action or claim you may have with respect to the website, our products or services (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. TLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site:

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an authorized employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site or its related social media accounts any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Indemnification:

You agree to indemnify, defend, and hold harmless, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all forms of losses, expenses, damages, injuries and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your internet account.

Third-Party Links:

In an attempt to provide increased value to our visitors, TLC may link to sites operated by third parties. However, even if the third party is affiliated with TLC, we have no control over these linked sites, all of which have separate privacy, TOU and data collection practices, independent of TLC. These linked sites are only for your convenience, and you may choose to access them at your own risk. However, TLC seeks to protect the integrity of its website, and the links placed upon it, and therefore welcomes any feedback on not only our website, but for websites it offers links to (including if a specific link does not work).

Arbitration Agreement:

These Terms require that should there ever be a dispute relating to the services and/or products sold by TLC, or between TLC and you, the customer, the dispute will be resolved by binding arbitration.

This means that you freely agree to give up your right to go to court to sue TLC. This applies to all legal actions taken against, or by, our company, its employees and/or agents. All disputes will be determined by a neutral third party, agreed upon by both parties, or a neutral arbitrator contracted by TLC, and not a judge or jury. Furthermore, you acknowledge that you will not, and cannot, start or join a class action lawsuit involving TLC, its employees and/or agents.

Terms of Arbitration:

Arbitration location: Unless otherwise agreed to by all parties involved, will be conducted within Spokane County, Spokane or Mead, Washington, USA.

Arbitration Proceedings: Each of us agrees that any dispute, claim, or controversy arising out of, or relating to these Terms of Use, or the use of the service/products provided by TLC, will be settled exclusively by binding arbitration, except that each of us retains the right to bring an individual action in small claims court regarding the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. Unless all parties involved otherwise agree in writing, the arbitrators may not consolidate more than one person's claims and may not otherwise preside over any other form of any class or representative proceeding involving TLC, its employees or agents, or any other party involved in the proceeding for which they are overseeing and/or participating with.

Arbitration Rules: Any arbitration proceedings will be subject to the laws and regulations of Spokane County, Washington state.

Decision: The arbitrators will render an award, unless otherwise agreed upon by all parties involved, within the time allocated by law. The decision will include the essential findings and conclusions upon which the arbitrator(s) base the award. Judgment on the arbitration award may be entered into any court having jurisdiction to do so. Any damages granted by the arbitrators must be consistent with the terms set herein as to the types and the amounts of damages for which a party may be held liable.

Fees: All fees for arbitration will be paid by the complaining party and are subject to reimbursement as part of the arbitration award if the arbitrator(s) determine the defending party is accountable through gross negligence or malice.

General Information: In the interest in resolving disputes efficiently and cost effectively, you agree to resolve any and all disputes arising in connection with these Terms of Use pertaining to your use of the services and/or products, by binding arbitration. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, may allow for limited discovery (i.e., pre-trial fact finding) than in court, and is not appealable in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate claims arising out of, or relating to, any aspect of these Terms or Use, includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination or alteration of these Terms of Use. By using our services and/or purchasing our products, you agree to these Terms of Use, and understand that they are legally binding.

Exceptions: You acknowledge that nothing in these Terms of Use waives or limits either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through federal, state, or local agencies, (iii) seek injunctive relief or other provisional relief in aid arbitration from a court of law, or (iv) to file a lawsuit in a court of law to address intellectual property claims.

Notice and Process: If, after 90 days of attempted interpersonal resolution between parties fails to come to an agreeable settlement, any involved party may to seek to file for arbitration proceedings. At such time, they must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), or, if we don’t have a physical address on file for you, by email (“Notice”). Our address for Notice is: C/o Bri Teague, P.O. Box 240, Mead, WA, 99021. Any Notice must (a) clearly describe the nature and basis of the claim or dispute, and (b) describe the specific relief requested (“Demand”). All parties agree to use good faith efforts to resolve any claim directly, but if we cannot reach a resolution within 30 days after the Notice is received, the complaining party may start arbitration proceedings, at their own cost. During the arbitration proceeding, the amount of any settlement offers previously discussed and/or offered, may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If the dispute is resolved through arbitration in your favor, TLC will pay you the award granted by the arbitrator(s) and any previous offers of settlement will become null and void.

Fees: If you commence arbitration under these Terms of Use, we will reimburse you for your payment of the filing fee if the arbitrator determines TLC, its employees and/or agents, are legally liable through gross negligence or malicious intent. If your claim is for $10,000 or less, you can choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) via telephone, with no in-person hearings, or (iii) by an in-person hearing as established by the rules in the county of Spokane, Washington. If your claim is for more than $10,000, the arbitration hearings will take place at a location that we agree upon in Spokane County, within the cities of Spokane or Mead, Washington. If the arbitrator rules that the substance of your claim or the relief you seek in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedures, then the payment of all fees will be governed by the law of Spokane Country and you agree to reimburse us for any and all related amounts we previously paid but for which you are obligated to pay under the this agreement. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award (if any) are based. The arbitrator, if requested, may make rulings and resolve disputes regarding the payment of fees or expenses at any time during the proceeding, to be paid upon their ruling, and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions: You acknowledge and agree that you will not participate in any class action filings against TLC, its employees and/or agents, in any capacity as a plaintiff or class member in with regards to any purported class or representative proceedings. Unless otherwise agreed upon by all parties, the arbitrator cannot consolidate more than one person’s claims and may not preside over any form of representative or class proceeding involving TLC, its employees and/or agents.

Modifications: If we make any future changes or modifications to this arbitration agreement (other than a change to our address for Notice), you can reject the changes by sending us written notice (to our address for Notice) within 30 days of the change, for any current applicable proceedings. However, should you do so, your account connected to our services, by any and all identifying records (name, phone number, email, mailing address, etc) will immediately terminate and this arbitration agreement, as in effect immediately prior to the amendments you rejected, will survive termination and be subject to any proceedings moving forward.

TOU Enforceability:

If any section of this Terms of Use, including but not limited to the Arbitration Agreement, is found to be unenforceable, on a case by case basis, then the remainder of the Terms of Use shall remain in full effect.

User Consent - By using our website or services, you agree to all Terms of Use.