You should only use our Website if You agree with these User Terms and these User Terms will apply to Your use of our Website at all times. If you create an account with Us and click to accept these User Terms, You will be legally bound by additional provisions in these User Terms about use of your account. We recommend that You print a copy of these User Terms for Your records.
If You purchase anything from our Website, the Terms and Conditions of Sale will apply to Your purchase.
We may change these User Terms from time to time so You should check back regularly to see if anything has changed but We will also notify You of any significant changes. Changes will become effective from the next time that You access Your account on our Website.
1 Who we are, what we do and contacting us
1.1 We are A Littles & Co., a company incorporated in Texas. Registered address is: 460 East Plaza Drive, Suite B, Mooresville, NC 28115. ("A Littles & Co.", "We" or "Us").
1.2 A Littles & Co.is an online retailer and We sell Women’s Jewelry, Gifting and related products on our Website.
1.3 If You have any questions about anything in these User Terms, about our Website, or if You wish to make a complaint, then just contact us at [email protected].
2 User accounts
2.1 You may register an account (whether a "Trade Account" or personal account) with A Littles & Co. to purchase the products available on our Website and in order to access other areas of the Website and Our services ("Account"). You must be at least 18 (eighteen) years old and a resident of the United States to register an account with us. Our Website is intended for use only in the United States of America (USA).
2.2 If You apply for a Trade Account, We may require additional information from You in order to open that account. We may accept or refuse to open Trade Accounts at Our discretion.
2.3 You agree to keep Your information accurate, complete and current. You must ensure that Your username and password is kept secure and confidential. You are responsible for all activity on Your account. It is Your sole responsibility to monitor and control access to, and use of, Your Account.
2.4 You may make copies of Your information contained in Your Account in any format and in doing so, You may make copies of a reasonable portion of our Website and the material and content of our Website and Your Account.
3 Your rights and restrictions
3.1 Our Website is for Your own personal and non-commercial use only, save where We have approved You for a "Trade Account" on our Website, in which case You are permitted to act in a commercial capacity.
3.2 When using our Website and Your Account, You agree not to:
(a) attempt to undermine the security or integrity of our Website, or A Littles & Co.'s computing systems or networks. A Littles & Co. will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing Your identity to them;
(b) use, or misuse, our Website in any way which may impair the functionality of our Website, or impair the ability of any other user to use our Website;
(c) attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which our Website is hosted;
(d) transmit, or input into our Website, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
(e) create links to our Website unless A Littles & Co. gives You prior written consent;
(f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate our Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
(g) impersonate any other person while using our Website;
(h) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using our Website; or
(i) use our Website for any unlawful purpose.
3.3 You can terminate these User Terms at any time. If You do so, You will no longer be able to access Your Account or the information held in Your Account.
3.4 You may have other rights granted by law, and these User Terms do not affect these except if the two are inconsistent. If this is the case then these User Terms will override any other rights which You may have unless this is not permitted by law.
4 Your data
4.1 A Littles & Co. takes its responsibility for the care of Your data very seriously. Please see the Privacy Notice for information on how A Littles & Co. processes Your data.
5.1 Other than as set out in these User Terms and other than for warranties that are implied by law, our Website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Website or any information, content, materials or products included or referenced on our Website.
5.2 A Littles & Co. does its best to ensure that the information accessed through our Website is accurate and up to date but cannot guarantee that this will always be the case.
5.3 A Littles & Co. aims to make our Website available to You all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as the internet.
5.4 A Littles & Co. follows industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm our Website or the device that You use to access our Website, but We cannot guarantee that the application will be totally free from viruses and malware.
5.5 A Littles & Co. does not guarantee that our Website will be compatible with all hardware and software that You may use.
5.6 Our Website may contain links to third-party websites or programs that are not controlled by A Littles & Co.. A Littles & Co. is not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third-party sites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.
6 A Littles & Co.’s rights and obligations
6.1 A Littles & Co. may:
(a) change, modify, amend or remove some or all of the functionality or content on our Website at any time; or
(b) may suspend access to Your Account or terminate Your Account at any time and for any reason.
6.2 You agree that A Littles & Co. is free to use any comments, information or ideas contained in any communication You may send to us without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving our Website, products or services.
6.3 A Littles & Co. and/or our licensors are the owners of our Website, which includes (but without limitation) any software, applications and domains made available through it.
6.4 All intellectual property rights in our Website, and the content (except the personal information of You and other users contained in Your and their accounts), video, audio, graphics, logos, icons and product names which appear on our Website belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these User Terms.
6.5 WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. TO THE EXTENT THAT DAMAGES MAY NOT BE LIMITED AS PROVIDED ABOVE, OUR MAXIMUM LIABILITY IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE GOODS OR SERVICES THAT ARE THE BASIS OF YOUR CLAIM. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
7 Governing Law and Jurisdiction
7.2 Subject to Section 7.3 – 7.7, any Action relating to the use of the Site or any transaction with A Littles & Co. must be brought in the state or federal courts located in Mooresville, North Carolina, for any lawsuit or court proceeding permitted under these Terms of Service. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
7.3 By using this Site you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and A Littles & Co or any affiliate (including any claim, controversy, or dispute between you and a third-party agent of A Littles & Co.) will be resolved entirely through binding arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your access or use of the Site, any Goods or services purchased through the Site or stores. The sole exceptions to the foregoing requirement to arbitrate are that: (a) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and advances only on an individual basis (non-class, non-representative basis); and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7.4 BY AGREEING TO THESE TERMS OF SERVICE, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH A LITTLES & CO IN COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
7.5 There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, 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 these Terms and Conditions as a court would.
7.6 You agree that the arbitration will be conducted by the American Arbitration Association ("AAA"). To begin an arbitration proceeding, you may either (1) send a letter requesting arbitration and describing your claim to: A Littles & Co; or (2) contact the AAA and follow the appropriate procedures with the AAA to commence an arbitration. The AAA consumer rules for arbitration shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's applicable consumer rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Mooresville, North Carolina or at another mutually agreed location.
7.7 As set forth above, we each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR A LITTLES & CO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.