1. Agreement Overview

This Terms of Service represents a legal agreement between you (referred to as "User," "You," or "Your") and Dennishoes Customs (referred to as "We," "Us," or "Our") governing the use of our shoe customizing services ("Services").

2. Grant of License

Subject to the terms and conditions of this Terms of Service, We grant You a limited, non-exclusive, non-transferable, and revocable license to use Our Services for personal and non-commercial purposes only. This license does not transfer any ownership rights or intellectual property rights to You.

3. Service Description

Our Services involve the artistic painting and customization of shoes based on Your specifications and requirements. We will use Our best efforts to deliver the desired results according to the agreed-upon design and instructions provided by You.

4. Intellectual Property

All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, associated with Our Services, including any custom designs created by Us, shall remain the exclusive property of Dennishoes Customs. You acknowledge that the designs, images, logos, and other materials used in Our Services are protected by intellectual property laws and may not be reproduced or used without Our explicit permission.

5.User Obligations

a) Accuracy of Information: You agree to provide accurate and complete information regarding the shoe painting requirements, including design preferences, colors, and any other relevant details.

b) Lawful Use: You shall not use Our Services for any unlawful or unauthorized purpose, including but not limited to infringing upon intellectual property rights, engaging in fraudulent activities, or violating any applicable laws or regulations.

c) Feedback and Testimonials: You may voluntarily provide feedback, testimonials, or reviews regarding Our Services. By doing so, You grant Us the right to use, reproduce, and display such feedback for promotional and marketing purposes.

6. Limitations and Liability

a) Disclaimer: We make no warranties, whether express or implied, regarding the accuracy, quality, reliability, or suitability of Our Services. You agree that the use of Our Services is at Your own risk.

b) Limitation of Liability: In no event shall We be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of Our Services.

c) Indemnification: You agree to indemnify, defend, and hold Us harmless from and against any claims, losses, damages, liabilities, and expenses arising from Your use of Our Services or any breach of this Terms of Service.

7. Termination

This Terms of Service is effective upon Your acceptance and shall remain in force until terminated by either party. We may terminate this Terms of Service at any time without notice if You fail to comply with any provision contained herein. Upon termination, You shall cease all use of Our Services, and the limitations and liability provisions shall survive.

8. Dispute Resolution; Exclusion of Small Claims Court

a) Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Terms of Service, including its formation, interpretation, breach, termination, or validity, shall be resolved through binding arbitration in accordance with the rules and procedures of a recognized arbitration organization mutually agreed upon by the parties. The arbitration shall be conducted by a single arbitrator appointed in accordance with such rules. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

b) Waiver of Right to Sue in Small Claims Court: By agreeing to this Terms of Service, You expressly waive Your right to bring any claims, disputes, or actions against Dennishoes Customs in a small claims court, to the maximum extent permitted by law. Instead, any claim, controversy, or dispute arising from or related to this Terms of Service, including the use of Our services, shall be resolved through binding arbitration as set forth in the 'Dispute Resoluton' section of this agreement.

c) Waiver of Class Action: You and Dennishoes Customs agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class, collective, or representative action. You waive any right to participate in any class, collective, or representative proceeding against Dennishoes Customs, including but not limited to class arbitration, class actions, private attorney general actions, or consolidation with other arbitration or legal proceedings.

d) Opt-Out Provision: If, for any reason, the waiver of small claims court or the waiver of class action in Section 8(b) and Section 8(c) is deemed unenforceable, or if You choose not to be bound by the arbitration requirement in Section 8(a), You may opt out of this dispute resolution provision by providing written notice to Dennishoes Customs within 30 days from the date You first use Our Services. Such notice must include Your name, address, and a clear statement expressing Your intention to opt out of the arbitration requirement in this Terms of Service. In the event You opt out as provided herein, the waiver of small claims court and the waiver of class action in Section 8(b) and Section 8(c) shall apply to You. Written responses can be emailed to [email protected].

9. Governing Law and Jurisdiction

This Terms of Service shall be governed by and construed in accordance with the laws of the state of Illinois, USA, without regard to its conflict of laws provisions, will govern this Agreement and any dispute of any sort pertaining to this Agreement or the Dennishoes Customs Services that might arise between you and Dennishoes Customs.

The parties consent to the exclusive jurisdiction of the courts located in Warren County, Illinois, U.S.A. with respect to the resolution of either of the following: (a) an allegation by either party that Section 8 is invalid or unenforceable or (b) any Claims, following (i) any opt out from the provisions of Section 8 exercised in accordance with the procedure set forth in Section 8(d) or (ii) a final determination that Section 8 is invalid or unenforceable.

10. Entire Agreement

This Terms of Service constitutes the entire agreement between You and Us, superseding any prior agreements or understandings, written or verbal, relating to the subject matter herein. By making a purchase from Dennishoes Customs and using Our services, You are hereby agreeing the the Terms of Service written above.