The Information We Collect
1. Personal Information of you and your children
When you sign up for the Services or to receive our recipes, you will be required to provide us with personal information such as your name, e-mail address, mailing address, and phone number (“Personal Information”). We will also collect information about your children, such as your child’s name, date of birth, allergy information, and preferences. We do not collect any Personal Information from you when you use the Services unless you provide us with the Personal Information voluntarily.
2. Billing Information
3. Other Information
In addition to the Personal Information and the Billing Information noted above that you voluntarily provide to us, we may collect additional non-personal information (“Non-Personal Information”), including:
a. From Your Activity. Information that we automatically collect when you use the Website and/or the Services, such as your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, order information, and similar information concerning your use of the Services.
c. From You. Additional information about yourself that you voluntarily provide to us, such as number of children, names of children, gender, demographic information, nutritional information, dietary preferences and product and service preferences.
d. From Other Sources. Information that we collect or receive from other sources.
The Information Collected by or Through Third-Party Advertising Companies
Accessing and Modifying Personal Information and Communication Preferences
If you have registered for the Services, you may access, review, and make changes to your Personal Information and Billing Information by following the instructions found on the Website. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Little Spoon marketing email. Registered users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
How We Use and Share the Information
We use the Personal Information, the Billing Information, and the Non-Personal Information to process transactions; provide you with the Website and the Services; solicit your feedback; inform you about our products, services, upcoming events, and special promotions and those of our third-party marketing partners; administer and process contests, promotions, and sweepstakes; and improve our Website and Services. We may also share Personal Information, the Billing Information, and/or Non-Personal Information as described below.
• In order to administer our contests, promotions, and sweepstakes, we may share your Personal Information and Non-Personal Information with our third-party promotional and marketing partners.
• In an ongoing effort to better understand our users and our Services, we might analyze the Non-Personal Information in aggregate form in order to operate, maintain, manage, and improve the Website and the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and Services to current and prospective business partners and to other third parties for other lawful purposes.
• As we develop our business, we may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Information, Billing Information, and Non-Personal Information may be part of the transferred assets.
• To the extent permitted by law, we may also disclose Personal Information, Billing Information, and Non-Personal Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of Little Spoon or others.
How We Protect Your Information
We take commercially reasonable steps to protect the Personal Information, the Billing Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notice to Non-U.S. Residents
The Website and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By accessing the Website, using the Services, and/or providing us with any information, you consent to this transfer.
How to Contact Us
Terms and conditions
These Terms & Conditions (“Terms”) are a legal agreement between You and Little Spoon, Inc. and our subsidiaries or other affiliates (collectively, “Little Spoon,” “we,” “us,” or “our”).
By accessing or using the websites, mobile applications or blogs, as well as our Facebook, Instagram, Twitter and other social media or interactive pages (collectively, the “Sites”) provided by Little Spoon that link to these Terms, You agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference. If You do not agree to these Terms, You may not access or use the Sites or order, receive or use Little Spoon products and services made available through the Sites (collectively, the “products”).
Your use of the Sites and our baby food delivery service (collectively, the “Services”), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the Services. These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by You of all claims for damage against us that may arise out of Your use of the Services.
1. MEMBERSHIP AND ACCOUNT SECURITY
1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must submit an application to become a subscriber. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole and absolute discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; and (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.
1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
1.3 No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your sole and absolute discretion and at Your own risk.
1.4 When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, You consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with Your account.
2. CONTENT AND LINKS
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to herein collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date, and is provided to You without warranty or representation from us. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.
2.2 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
3. LICENSE AND SITE ACCESS
3.1 Little Spoon hereby grants You a limited, nontransferable, revocable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Little Spoon may determine, in its sole and absolute discretion, whether Your use is in violation of our Terms.
3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
3.3 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4. OUR PRODUCTS AND YOUR SUBSCRIPTION
4.1 Our subscription plan consists of an initial charge followed by recurring periodic charges. You acknowledge that Your subscription has an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from You until You cancel Your subscription or change Your payment method.
4.2 We try to be as accurate as possible when describing and showing our products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.
4.3 All products available on the Website are for personal use only. Ordering our products for any purpose, including but not limited to competitive research, analysis, testing, evaluation, sampling, or any other commercial purpose, as determined in Little Spoon’s sole and absolute discretion, is strictly prohibited and is a violation of our Terms. You may not resell any of the products that You purchase or receive from us. We reserve the right, with or without notice, to cancel Your order, change Your order, or reduce the quantity of product ordered, in our sole and absolute discretion, if we determine Your order violates our Terms.
4.4 Product pricing and our delivery charges, if any, will be as quoted on the Website from time to time, and may not include applicable taxes. Payment for all products must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time without notice to You. We will not charge Your credit or debit card for a delivery until after the cancellation deadline for said weekly delivery – with the exception of Your first delivery, which will occur immediately following Your initial subscription to the Service. First-time orders cannot be cancelled and we will not issue refunds for first-time orders.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, You are solely responsible for determining the freshness of the products you receive. If You have any reason to believe that any product in your delivery is not suitable for consumption, contact us at [email protected] and discard the item. To maintain the quality and integrity of the products, you must immediately refrigerate all perishable products (and store at a temperature of 38 degrees Fahrenheit or below) upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found at https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/refrigeration-and-food-safety/ct_index. We recommend that You follow the USDA’s instructions on safe food handling, which can be found at https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/basics-for-handling-food-safely/ct_index. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
If You are not at home when Your products arrive, the courier will generally leave the package for You at Your door. Our products are packaged with insulated liners and gel packs and will typically remain fresh for up to a day after your delivery, but depending on the season and temperature in Your geographic area at the time of delivery, and other factors outside of our control, advance planning by You should be made for proper storage of your products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which You have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had You accepted the delivery Yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver Your order, we will attempt to deliver Your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. You recognize that we utilize third-party delivery services such as FedEx to deliver our products, and that delivery issues are outside of our control.
We design our products to remain fresh for a specified period of time under proper storage conditions (refrigerated below 38 degrees Fahrenheit). Our products must be consumed within fourteen (14) days of delivery. These instructions should be strictly followed and products should be discarded after that time.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
6.1 In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole and absolute discretion, who infringe the intellectual property rights of others. If You believe that anything on the Sites infringes any copyright that You own or control, You may file a notification of such infringement with our designated agent as set forth below:
Ben Lewis, Little Spoon, Inc.
Address: 120 E. 23rd Street, 5th Floor, New York, NY 10010
Phone: (888) 878-7807
Email: [email protected]spoon.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if You knowingly make any material misrepresentation in Your notification that the material or activity is infringing, You will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
6.2 We reserve the right, in appropriate circumstances and at our sole and absolute discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Little Spoon or others.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 LITTLE SPOON MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. LITTLE SPOON DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. LITTLE SPOON PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION. SOME PRODUCTS CONTAIN WHOLE PIECES OF FRUITS AND VEGETABLES AND SHOULD BE FED TO CHILDREN WITH CARE. THE SPOON CONTAINED IN THE PACKAGING MAY POSE A CHOKING HAZARD. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT OUR PRODUCTS ARE FREE OF ALLERGENS. Always consult with a healthcare professional and Your child’s pediatrician before introducing and feeding our products to Your child and specifically discuss any foods that may pose an allergy risk or other health risks for Your baby. You understand, acknowledge and agree that Little Spoon does not imply, suggest or represent that any of our products have been approved for individual use either by us or medical professionals. You understand, acknowledge and agree that Little Spoon does not imply, suggest or represent that any of our products or the Blueprint program are meant to be a comprehensive nutrition plan or solution for your child. Any claims that are made about our products or the Blueprint program are merely illustrative in nature. In addition, young children and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found at https://www.fda.gov/Food/FoodborneIllnessContaminants/PeopleAtRisk/ucm352830.htm. Statements made and products sold through the Website and are not intended to treat, cure or prevent any disease.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, OR HUMAN ERROR. THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WE RESERVE THE RIGHT TO ADJUST YOUR ORDER AT ANY TIME PENDING AVAILABILITY OF CERTAIN PRODUCTS AND OTHER FACTORS.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the products at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
7.2 UNDER NO CIRCUMSTANCES SHALL LITTLE SPOON, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE WEBSITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF LITTLE SPOON’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THROUGH THE WEBSITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE WEBSITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITTLE SPOON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.3 Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial, medical or nutritional matter You should consult an appropriate professional.
8.1 You agree to defend, indemnify, and hold harmless Little Spoon, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website, Services or products, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release Little Spoon from any and all claims or liability related to any product or service of Little Spoon and any conduct, action, or inaction by Little Spoon or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.
9. ARBITRATION AND CLASS ACTION WAIVER.
9.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but You may assert claims in small claims court if Your claims qualify.
9.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
9.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
9.4 Starting an Arbitration. To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of legal dispute to us at the following address: [email protected] We will send any notice of dispute to You at the contact information we have for You.
9.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
9.6 Fees. If You initiate arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Little Spoon will pay all other AAA and arbitrator’s fees and expenses.
9.7 Individual Basis. To the fullest extent permitted by applicable law, You and Little Spoon each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Little Spoon each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
9.8 Limitation Period. In no event shall any claim, action or proceeding by You or Little Spoon be instituted more than one (1) year after the cause of action arose.
9.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
9.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and Little Spoon each agree to the exclusive jurisdiction of the Federal and State courts located in New York, New York, or such other jurisdiction selected by Little Spoon in its sole discretion, and You and Little Spoon each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
9.11 Opting Out. If You do not want to arbitrate disputes with Little Spoon and You are an individual, You may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date You access or use the Service.
10. GENERAL PROVISIONS.
10.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your subscription for any suspected breach of these Terms by You, You are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Little Spoon or You. Termination will not limit any of our other rights or remedies at law or in equity.
10.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Little Spoon for which monetary damages would not be an adequate remedy and Little Spoon shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages, You may not assert as a defense in any such action that an adequate remedy at law exists.
10.3 Notices. We may give notice to You by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
10.4 Miscellaneous. These Terms may not be modified except by a writing executed by the duly-authorized representatives of Little Spoon or pursuant to Section 10.5 of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Little Spoon but may not be assigned by You without the prior express written consent of Little Spoon. Any attempt by You to assign these Terms without the written consent of Little Spoon shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Little Spoon agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms and Your use of the Website and the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
10.5 Modifications. We may occasionally update these Terms. Little Spoon reserves the right to update the Terms at any time, in our sole and absolute discretion, without providing notice to You. When we do update these Terms that, in our discretion, we consider significant, we will also revise the “Last Updated” date at the top of these Terms and post the updated Terms on the Website. If You continue to use the Website, the Service or our products after we post an update to these Terms, You indicate Your acceptance of the updated Terms.
10.6 Contact Us. If You have any questions regarding these Terms, the Website or the Service please contact us at [email protected]