Effective Date: February 1, 2020
Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".
This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.
3. CONTENT; GRANT OF RIGHTS
The Website, its features, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by TEN LITTLE. As between Ten Little and you, Ten Little is the owner of all rights in the content, and Ten Little may use the content in any way Ten Little deems appropriate.
You may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website. You are hereby granted a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to view the Content on the Website, but only while accessing the Website. In certain circumstances, you might be able to download certain Content from the Website; and may do so only for your personal, non-commercial use. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only may be updated or deleted at any time without providing notice to you.
This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Website.
You are responsible for the confidentiality of your login credentials. You are responsible for all activities that occur from your login credentials. Your login credentials are for your personal use only. If you believe that someone is using any of your credentials, please contact Ten Little immediately. Ten Little is not responsible for any loss or damage resulting from your failure to notify Ten Little of unauthorized use.
4. CHANGES TO TERMS
Ten Little may change these Terms and Conditions at any time, so Ten Little encourages you to review the Terms and Conditions periodically. Ten Little will notify you by posting a revised copy of these Terms and Conditions online. Any changes to these Terms and Conditions will become effective as of the date the revised Terms and Conditions are posted. If you continue to use the Website after Ten Little changes the Terms and Conditions, you accept all changes effective as of the date of the revision. The date at the top of the Terms and Conditions tells you when it was last updated. If you do not agree with the Terms and Conditions or any changes Ten Little makes, please do not continue to use the Website.
5. UNSOLICITED IDEAS SUBMISSIONS
Ten Little does not accept or consider unsolicited ideas, comments or materials, including for new or improved products, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form. As a result of constant development of new products or materials, product developed by Ten Little might seem similar or even identical to Submissions made to Ten Little.
6. ACCESS TO AND USE OF WEBSITE
We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.
7. ACCEPTABLE USE POLICY
By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:
- sublicense, assign, sell, or lease Content to third parties without a Ten Little agreement;
- use the Website for any commercial purpose;
- remove any copyright, trademark or other proprietary notations from content on the Website;
- threaten, defame, stalk, abuse, or harass other persons, or engage in illegal activities;
- transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Ten Little deems, in its sole discretion, to be otherwise objectionable;
- frame the Website, display the Website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Ten Little and any third party or potentially deprive Ten Little of revenue (including revenue from advertising, branding, or promotional activities);
- violate any person’s or entity’s legal rights (including intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- transmit files that contain viruses, spyware, adware, or other harmful code;
- advertise or promote goods or services without Ten Little’s permission (including by sending spam);
- interfere with others using the Website or otherwise disrupt the use of the Website;
- transmit, collect, or access personally identifiable information about other users without the consent of those users and Ten Little;
- engage in unauthorized spidering, scraping, or harvesting Ten Little content, contacts or other personal information, or use any other unauthorized automated means to obtain Ten Little information;
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- defeat any access controls, access any portion of the Website, any Ten Little websites, computers or information systems that Ten Little has not authorized you to access (including password-protected areas), link to password-protected areas, attempt to use another user’s account credentials, or allow anyone else to use your account credentials.
8. INDEMNIFICATION; CHOICE OF LAW; STATUTE OF LIMITATIONS
You hereby indemnify, defend, and hold harmless Ten Little, its affiliates, and their respective vendors, partners, clients, licensees, licensors, service providers, third-party content providers, and all officers, directors, shareholders, employees and agents of all of the foregoing from and against all third party claims, demands, damages, liabilities and costs (including attorneys’ fees) arising out of or in connection with: (a) your use of the Website; (b) your breach of these Terms and Conditions; or (c) your violation of any applicable law as a result of your use of the Website, or in connection with any transaction on the Website. Ten Little reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ten Little’s defense of such claim.
These Terms and your use of the Website are governed by the laws of the State of New York, and you irrevocably submit to the exclusive jurisdiction for all actions in New York State, New York County, and agree not to plead to the contrary. You must bring any claim arising from these Terms within one year from the relevant date of your access to the Website that gave rise to the claim.
9. LIMITATION OF LIABILITY
Ten Little, its affiliates, and their respective vendors, partners, clients, licensees, licensors, service providers, third-party content providers, and all officers, directors, shareholders, employees and agents have no liability to you or any third party for any loss or damages of any kind whatsoever in connection with the Website, or any transaction on the Website and any user submissions even if foreseeable or even if Ten Little has been advised of the possibility of such damages, whether caused in whole or in part by Ten Little. You hereby assume all risk and liability arising from your use of the Website. If any limitation of liability is held to fail its essential purpose or is otherwise deemed to be unenforceable, then the maximum cumulative liability of Ten Little, arising out of your use of the Website, shall not exceed your direct damages, if any. The limitations in this section apply to all causes of action. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
Any and all offers or promotions advertised on this Website are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
11. PERSONAL INFORMATION:
12. COMPLETE AGREEMENT
These Terms and Conditions only govern your use of the Website. No changes by you to these Terms and Conditions are valid without express written consent of Ten Little in a writing pertaining to these Terms. Ten Little may be required by state or federal law to notify you of certain events. Notices will be effective upon our delivering them to you in writing, which may include email. If you do not provide Ten Little with accurate contact information, Ten Little will not be responsible for failure to notify you. Ten Little’s failure to exercise or enforce any provision in these Terms and Conditions will not constitute a waiver of such provision. These Terms and Conditions, including all additional terms, conditions, and policies contained or referenced in a mutually executed instrument between you and Ten Little constitute the entire agreement between you and Ten Little and supersede all prior agreements with respect to your use of the Website. If any part of these Terms and Conditions is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Terms and Conditions will continue to be valid and enforceable.
© 2020 Ten Little. All rights reserved.
14. TERMS OF SALE
A. ORDERS; GENERAL
By placing an order with Ten Little, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.
We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.
If your payment method has already been charged for an order that is later modified or cancelled, Ten Little shall issue you a refund in the amount of the incorrect price back to your original method of payment.
Ten Little accepts most major credit cards, please contact us for a complete list of payment options.
B. PRODUCT & PRICING INFORMATION
All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.
All prices displayed on the Website are quoted in US Dollars ($).
Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
C. SHIPPING, DELIVERY, RETURNS AND EXCHANGES
Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. We can only fulfill domestic orders to the 48 contiguous states plus Washington, DC; Ten Little does not ship internationally.
The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to the shipping carrier.
While most of our products can be returned, we cannot accept returns of items that are marked "Final Sale".
Item(s) that are unworn, unwashed and unaltered may be returned within 30 days from date of purchase if you are in the contiguous United States. All returnable items should be returned unused, in their original packaging and in saleable condition. Your refund will reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.
Please remember that in order for us to process your return, we must receive the item(s) within the 30-day timeframe noted above. Therefore, you must account for the time it takes for the carrier to ship your item(s) back to our warehouse.
We do not offer exchanges at this time. You may contact email@example.com to assist you with returning your product(s).
D. CONSENT TO RECEIVE PERIODIC MESSAGES
By placing an order with Ten Little, you consent to receiving communications from us, including text messages (including reminders for when your child is ready for the next size and other transactional information) to the phone number that you provided. You represent and warrant you are the owner of the phone number provided. Your mobile provider’s standard text message and data rates may apply. You can opt out of at any time by replying “STOP” to a text message you receive or by emailing firstname.lastname@example.org.
You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
F. DISCLAIMER; WARRANTIES
Except as expressly set forth in these Terms of Sale, you expressly understand and agree that the products on the website are provided "as is" and on an "as available" basis. To the fullest extent permitted by law and except as expressly set forth in these terms of sale, Ten Little disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Notwithstanding the foregoing, these disclaimers herein, do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence.
G. LIMITATION OF LIABILITY
In no event shall Ten Little or its affiliates, agents, suppliers, vendors, manufacturers or distributors (collectively, the "Released Parties") be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, damages for loss of use, data, revenue or profits, business interruption, or loss of business opportunity or goodwill, arising from or in connection with the provision of or failure to provide products, whether based on contract, tort, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. That said, if any of the Released Parties are found to be liable to you for any damage or loss arising out of or which is in any way connected with the purchase of any products on or through the website, the Released Parties’ total liability shall not exceed $100.00 in the aggregate.