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"I just want to say your customer service is excellent. Thank you."

-Mark

Terms & Conditions

Double K Kreations, LLC Terms Conditions Agreement

Last Revised: February 2011

PLEASE READ THIS UNIVERSAL TERMS OF PRODUCTS/SERVICES AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Products/Services Agreement (this “Agreement”) is entered into by and between Double K Kreations, LLC., a/an Illinois Limited Liability Corporation and its subsidiary Bignuttees.com (“BigNutTees”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of BigNutTees.com and/or BigNutTees.com website(s), and Products/Services (individually and collectively, the “Products/Services”) purchased or accessed through Double K Kreations, LLC, BigNutTees.com and or Bignuttees.com websites (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Products/Services you purchase or access through Double K Kreations, LLC or this Site.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:

The terms “we”, “us” or “our” shall refer to BigNutTees. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Double K Kreations, LLC, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Double K Kreations, LLC may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Products/Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Products/Services found at this Site. In addition, Double K Kreations, LLC may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Double K Kreations, LLC assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. ELIGIBILITY; AUTHORITY

This Site and the Products/Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Products/Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Double K Kreations, LLC finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Double K Kreations, LLC shall not be liable for any loss or damage resulting from Double K Kreations, LLC's reliance on any instruction, notice, document or communication reasonably believed by Double K Kreations, LLC to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Double K Kreations, LLC reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Products/Services found at this Site, you will have to create an Account. You represent and warrant to Double K Kreations, LLC that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Double K Kreations, LLC has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Double K Kreations, LLC reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), etc. For security purposes, Double K Kreations, LLC recommends that you change your password at least once every six (6) months for each Account you have with Double K Kreations, LLC. You must notify Double K Kreations, LLC immediately of any breach of security or unauthorized use of your Account. Double K Kreations, LLC will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Double K Kreations, LLC or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Products/Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.

3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

4. You will not use this Site or the Products/Services found at this Site in a manner (as determined by BigNutTees in its sole and absolute discretion) that:

o Is illegal, or promotes or encourages illegal activity;

o Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;

o Promotes, encourages or engages in child pornography or the exploitation of children;

o Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

o Infringes on the intellectual property rights of another User or any other person or entity;

o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

o Interferes with the operation of this Site or the Products/Services found at this Site;

o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Double K Tees Custom Apparel, LLC or Double K Tees Custom Apparel, LLC’s Products/Services.

5. You will not copy or distribute in any medium any part of this Site or the Products/Services found at this Site, except where expressly authorized by Double K Kreations, LLC.

6. You will not modify or alter any part of this Site or the Products/Services found at this Site or any of its related technologies.

7. You will not access Double K Kreations, LLC Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Double K Kreations, LLC may designate.

8. You agree to back-up all of your User Content so that you can access and use it when needed. Double K Kreations, LLC does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

9. You will not use this Site or the Products/Services found at this Site, including any of Double K Kreations, LLC’s related technologies, for any commercial use without Double K Kreations, LLC’s express prior written consent.

Double K Kreations, LLC reserves the right to modify, change, or discontinue any aspect of this Site or the Products/Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF BigNutTees.com CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Double K Kreations, LLC Content and User Content posted to Double K Kreations, LLC’s corporate websites (i.e., those sites which Double K Kreations, LLC directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

BigNutTees.com Content. Except for User Content, the content on this Site and the Products/Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, Products/Services marks and logos contained therein (“BigNutTees Content”), are owned by or licensed to Double K Kreations, LLC in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Double K Kreations, LLC Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Double K Kreations, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Double K Kreations, LLC reserves all rights not expressly granted in and to the BigNutTees.com Content, this Site and the Products/Services found at this Site, and this Agreement do not transfer ownership of any of these rights.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Products/Services found at this Site (including without limitation those features that prevent or restrict use or copying of any BigNutTees.com Content) or enforce limitations on the use of this Site or the Products/Services found at this Site, the BigNutTees.com Content therein.

10. LINKS TO THIRD-PARTY WEBSITES

This Site and the Products/Services found at this Site may contain links to third-party websites that are not owned or controlled by Double K Kreations, LLC. Double K Kreations, LLCs assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Double K Kreations, LLC does not censor or edit the content of any third-party websites. By using this Site or the Products/Services found at this Site, you expressly release Double K Kreations, LLC from any and all liability arising from your use of any third-party website. Accordingly, Double K Kreations, LLC encourages you to be aware when you leave this Site or the Products/Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS/SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE PRODUCTS/SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. BigNutTees, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BigNutTees, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE PRODUCTS/SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BigNutTees ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BigNutTees, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER PRODUCTS/SERVICES REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE PRODUCTS/SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Products/Services found at this Site.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL BigNutTees, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE PRODUCTS/SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF PRODUCTS/SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE PRODUCTS/SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BigNutTees IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Products/Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall BigNutTees’s total aggregate liability exceed the total amount paid by you for the particular Products/Services that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Products/Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Double K Kreations, LLC and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Double K Kreations, LLC directly or indirectly arising from (i) your use of and access to this Site or the Products/Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Products/Services found at this Site.

15. FEES AND PAYMENTS

You agree to pay any and all prices and fees due for Products/Services purchased at this Site at the time you order the Products/Services. Double K Kreations, LLC expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.

Where refunds are issued, Double K Kreations, LLC's issuance of a refund receipt is confirmation that BigNutTees has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.

Except as prohibited in any product-specific agreement, you may pay for Products/Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), or PayPal (as defined below), each, a “Payment Method”.

If for any reason Double K Kreations, LLC is unable to charge your Payment Method for the full amount owed for the Products/Services provided, or if Double K Kreations, LLC is charged a penalty for any fee it previously charged to your Payment Method, you agree that BigNutTees may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Double K Kreations, LLC is unable to charge your credit card with the full amount owed for the Products/Services provided, or if Double K Kreations, LLC is charged back for any fee it previously charged to the credit card you provided, you agree that Double K Kreations, LLC may pursue all available lawful remedies in order to obtain payment.

You agree that the remedies Double K Kreations, LLC may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any Products/Services. Double K Kreations, LLC reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Double K Kreations, LLC may perform outside the normal scope of its Products/Services, (ii) additional time and/or costs Double K Kreations, LLC may incur in providing its Products/Services, and/or (iii) your noncompliance with this Agreement (as determined by Double K Kreations, LLC in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer Products/Services issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alipay, and Certegy (as defined below), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal Products/Services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Double K Kreations, LLC.

Double K Tees Custom Apparel, LLC transaction processing is supported only in U.S. dollars.

PAY BY PAYPAL

By using Double K Kreations, LLC’s pay by PayPal payment option (“PayPal”), you can purchase Double K Kreations, LLC Products/Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from the credit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Double K Kreations, LLC shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Double K Kreations, LLC may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a Products/Services charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

17. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

18. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

19. U.S. EXPORT LAWS

This Site and the Products/Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Products/Services found at this Site in violation of any U.S. Export Laws. None of the Products/Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Products/Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Products/Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Products/Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Products/Services found at this Site.

20. COMPLIANCE WITH LOCAL LAWS

Double K Kreations, LLC makes no representation or warranty that the content available on this Site or the Products/Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Products/Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Products/Services found at this Site are responsible for compliance with all local laws, rules and regulations.

21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Illinois, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Cook County, Illinois, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Cook County, Illinois. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

23. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Double K Kreations, LLC
Legal Department
740 Duffy Drive
Crystal Lake, IL 60014