Terms and Condition

OVERVIEW

This website is operated by Itty Bitty Toes. Throughout the site, the terms “we”,
“us” and “our” refer to Itty Bitty Toes. Itty Bitty Toes offers this website, including all
information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written permission
by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that
your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
Products purchased from our company are meant to be used for personal use
only. They cannot be sold, or rented, or used for any other commercial use.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials,
products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in

connection with any third-party websites. Please review carefully the third-
party's policies and practices and make sure you understand them before you

engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain any computer
virus or other malware that could in any way affect the operation of the Service
or any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any

information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as available'
for your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Itty Bitty Toes, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Itty Bitty Toes and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be

enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or
us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
1801 Oak St, 2nd Floor, Kansas City, MO 64108.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page.

We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent through our Contact Page.
SECTION 21 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS
Itty Bitty Toes (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging
program (the “Program”), which you agree to use and participate in subject to
these Mobile Messaging Terms and Conditions and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our Programs, you
accept and agree to these terms and conditions, including, without limitation,
your agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by

affirmatively opting into the Program, such as through online or application-
based enrollment forms. Regardless of the opt-in method you utilized to join the

Program, you agree that this Agreement applies to your participation in the
Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing
system (“ATDS” or “autodialer”). Message and data rates may apply. Message
frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the
Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are
the only reasonable methods of opting out. You acknowledge that our text
message platform may not recognize and respond to unsubscribe requests that
alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword
commands, such as the use of different spellings or the addition of other words
or phrases to the command, and agree that Itty Bitty Toes and its service
providers will have no liability for failing to honor such requests. You also
understand and agree that any other method of opting out, including, but not
limited to, texting words other than those set forth above or verbally requesting
one of our employees to remove you from our list, is not a reasonable means of
opting out.
Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing
and sale of digital and physical products, services, and events. Messages may
include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency
varies. The Program involves recurring mobile messages, and additional mobile
messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the
number you received messages from or email us at support@ittybittytoes.com.
Please note that the use of this email address is not an acceptable method of
opting out of the program. Opt outs must be submitted in accordance with the
procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may
not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile

messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. Carriers are is not liable for delayed or undelivered
mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be
a wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must
have your parent’s or legal guardian’s permission to do so. By using or engaging
with the Platform, you acknowledge and agree that you are not under the age
of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18)
and have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex,
religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful
code;
• Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
• Any content that implicates and/or references personal health
information that is protected by the Health Insurance Portability and
Accountability Act (“HIPAA”) or the Health Information Technology for
Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and Stodge, LLC d/b/a Postscript or any
other third-party service provider acting on Our behalf to transmit the mobile
messages within the scope of the Program, arising out of or relating to federal or
state statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate, such
dispute, claim, or controversy will be, to the fullest extent permitted by law,
determined by arbitration in Kansas City, Missouri before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall
apply the substantive laws of the Federal Judicial Circuit in which Itty Bitty Toes's
principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a
party, the parties must jointly select an arbitrator with at least five years’
experience in that capacity and who has knowledge of and experience with
the subject matter of the dispute. If the parties do not agree on an arbitrator
within ten (10) calendar days, a party may petition the AAA to appoint an
arbitrator, who must satisfy the same experience requirement. In the event of a
dispute, the arbitrator shall decide the enforceability and interpretation of this
arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).
The parties also agree that the AAA’s rules governing Emergency Measures of
Protection shall apply in lieu of seeking emergency injunctive relief from a court.
The decision of the arbitrator shall be final and binding, and no party shall have
rights of appeal except for those provided in section 10 of the FAA. Each party
shall bear its share of the fees paid for the arbitrator and the administration of
the arbitration; however, the arbitrator shall have the power to order one party
to pay all or any portion of such fees as part of a well-reasoned decision. The
parties agree that the arbitrator shall have the authority to award attorneys’
fees only to the extent expressly authorized by statute or contract. The arbitrator
shall have no authority to award punitive damages and each party hereby
waives any right to seek or recover punitive damages with respect to any

dispute resolved by arbitration. The parties agree to arbitrate solely on an
individual basis, and this agreement does not permit class arbitration or any
claims brought as a plaintiff or class member in any class or representative
arbitration proceeding. Except as may be required by law, neither a party nor
the arbitrator may disclose the existence, content, or results of any arbitration
without the prior written consent of both parties, unless to protect or pursue a
legal right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability
shall not affect any other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction. If for any reason a
dispute proceeds in court rather than in arbitration, the parties hereby waive
any right to a jury trial. This arbitration provision shall survive any cancellation or
termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your
obligations hereunder, and nothing contained in this Agreement or in the
performance of such obligations will place you in breach of any other contract
or obligation. The failure of either party to exercise in any respect any right
provided for herein will not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
Any new features, changes, updates or improvements of the Program shall be
subject to this Agreement unless explicitly stated otherwise in writing. We reserve
the right to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge your responsibility
to review this Agreement from time to time and to be aware of any such
changes. By continuing to participate in the Program after any such changes,
you accept this Agreement, as modified.