Terms and Conditions

TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS
AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 11/13/2023.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or interface with
Little Bitties Boutique LLC, also known as , located at Laura Lambert, South Haven,
Michigan 49090 and our subsidiaries and affiliates, in association with the use of the website,
which includes www.littlebittiesboutiquellc.net, (the "Site") and its Services, which shall be
defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Handmade children's clothing boutique
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an
individual register's for our Services, through the process of creating an account, the user shall
then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications
and that those applications may be made available on various social media networking sites
and numerous other platforms and downloadable programs, are the sole property of Little
Bitties Boutique LLC. At its discretion, Little Bitties Boutique LLC may offer additional
website Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services and/or products
and any and all updated, modified or revised Services unless otherwise stipulated. Little
Bitties Boutique LLC does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end user and/or member, acknowledge,
accept and agree that Little Bitties Boutique LLC shall not be held liable for any such updates,
modifications, revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates, changes and/
or modifications, and as such, frequent review of this Agreement and any and all applicable
terms and policies should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified terms, you must
stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Little Bitties Boutique LLC shall not assume
any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure
to store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving 's Services under the laws and
statutes of the United States or other applicable jurisdiction.
When you register, may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your
account information at any time. Once you register with and sign in to our Services, you
are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Little Bitties Boutique LLC will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such refuse any and
all current or future use of Little Bitties Boutique LLC Services, or any portion thereof.
It is Little Bitties Boutique LLC's priority to ensure the safety and privacy of all its visitors,
users and members, especially that of children. Therefore, it is for this reason that the parents
of any child under the age of 13 that permit their child or children access to the website
platform Services must create a "family" account, which will certify that the individual
creating the "family" account is of 18 years of age and as such, the parent or legal guardian of
any child or children registered under the "family" account. As the creator of the "family"
account, s/he is thereby granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of
the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the Little Bitties Boutique LLC Online Privacy Policy (see the full Privacy Policy at ). As a
member, you herein consent to the collection and use of the information provided, including
the transfer of information within the United States and/or other countries for storage,
processing or use by Little Bitties Boutique LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify Little Bitties
Boutique LLC immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. Little Bitties Boutique LLC shall not be held liable
for any loss and/or damage arising from any failure to comply with this term and/or condition
of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions
in any content posted, and/or any loss or damage of any kind incurred as a result of the use of
any content posted, emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Little Bitties Boutique LLC's Services for
the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Little Bitties Boutique LLC Services, servers and/or
networks that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any rules of
any nation or other securities exchange, that would include without limitation, the New
York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to Section 219 of the
Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in
the aforementioned paragraphs.
Little Bitties Boutique LLC herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Little Bitties Boutique LLC herein reserves the right to access, preserve and/or disclose
member account information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of
any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Little Bitties Boutique LLC, its
visitors, users and members, including the general public.
Little Bitties Boutique LLC herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations established by Little
Bitties Boutique LLC or any other content providers supplying content services to Little
Bitties Boutique LLC. You are hereby prohibited from making any attempt to override or
circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied
by our Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using www.littlebittiesboutiquellc.net to
send electronic communications, which would include, but are not limited to, email, searches,
instant messages, uploading of files, photos and/or videos, you will be causing
communications to be sent through our computer network. Therefore, through your use, and
thus your agreement with this TOS, you are acknowledging that the use of this Service shall
result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/
liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Little Bitties Boutique LLC shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Little Bitties Boutique LLC the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of Little Bitties Boutique LLC's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area
to which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Little Bitties Boutique LLC's sites, and
shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Little Bitties Boutique LLC's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Little Bitties
Boutique LLC's sites and shall terminate at such time when you elect to discontinue
your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Little Bitties Boutique LLC's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Little Bitties Boutique LLC's
sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available
to both users and members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Little Bitties Boutique LLC provides an area for our users and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Little Bitties Boutique LLC, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user of our site
may submit, post, modify, transmit or otherwise make available through our Services, the use
of Services or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Little Bitties Boutique LLC may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days
that any email, message posting or any other uploaded content shall be retained by Little
Bitties Boutique LLC, nor the maximum number of email messages that may be sent and/or
received by any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space allowable
that shall be allocated on Little Bitties Boutique LLC's servers on the member's behalf, and/or
the maximum number of times and/or duration that any member may access our Services in a
given period of time. In addition, you also agree that Little Bitties Boutique LLC has
absolutely no responsibility or liability for the removal or failure to maintain storage of any
messages and/or other communications or content maintained or transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or remove any account that is
no longer active for an extended period of time. Furthermore, Little Bitties Boutique LLC
shall reserve the right to modify, alter and/or update these general practices and limits at our
discretion.
Any messenger service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your conversations in your
account located on Little Bitties Boutique LLC's servers. In this manner, you will be able to
access and search your message history from any computer with internet access. You also
acknowledge that others have the option to use and save conversations with you in their own
personal account on www.littlebittiesboutiquellc.net. It is your agreement to this TOS which
establishes your consent to allow Little Bitties Boutique LLC to store any and all
communications on its servers.
MODIFICATIONS
Little Bitties Boutique LLC shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part thereof, with
or without prior notice. In addition, we shall not be held liable to you or to any third party for
any such alteration, modification, suspension and/or discontinuance of our Services, or any
part thereof.
TERMINATION
As a member of www.littlebittiesboutiquellc.net, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a cancellation or
termination request to .
As a member, you agree that Little Bitties Boutique LLC may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your account, any email
associated with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall include, but is not
limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your www.littlebittiesboutiquellc.net account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with www.littlebittiesboutiquellc.net shall include any and/or
all of the following:
a) the removal of any access to all or part of the Services offered within
www.littlebittiesboutiquellc.net;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Little Bitties Boutique LLC shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result
of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Little Bitties Boutique LLC or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you acknowledge and agree
that Little Bitties Boutique LLC shall not be responsible or liable, directly or indirectly, for
any such damage or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Little Bitties Boutique LLC's Services and any
essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may
be contained in any advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law or as
authorized by Little Bitties Boutique LLC or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created
any plagiaristic works which are based on Little Bitties Boutique LLC Services (e.g. Content
or Software), in whole or part.
Little Bitties Boutique LLC herein has granted you personal, non-transferable and nonexclusive
rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by Little Bitties Boutique LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF LITTLE BITTIES BOUTIQUE LLC SERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL
BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. LITTLE
BITTIES BOUTIQUE LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) LITTLE BITTIES BOUTIQUE LLC AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) LITTLE BITTIES BOUTIQUE LLC SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) LITTLE BITTIES
BOUTIQUE LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY
BE OBTAINED FROM THE USE OF THE LITTLE BITTIES BOUTIQUE LLC
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY
OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF LITTLE BITTIES BOUTIQUE LLC SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM LITTLE BITTIES
BOUTIQUE LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LITTLE
BITTIES BOUTIQUE LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Little Bitties Boutique LLC (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information, the phrase "Let the investor
beware" is appropriate. Little Bitties Boutique LLC's content is provided primarily for
informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Little Bitties Boutique LLC and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be responsible or
liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Little Bitties Boutique LLC may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received if you violate
any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance
of this TOS constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Little Bitties Boutique LLC
trademarks, copyright, trade name, service marks, and other Little Bitties Boutique LLC logos
and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Little Bitties Boutique LLC. You herein agree not to display and/
or use in any manner the Little Bitties Boutique LLC logo or marks without obtaining Little
Bitties Boutique LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE
& PROCEDURES
Little Bitties Boutique LLC will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, Little Bitties Boutique LLC may disable and/or terminate the accounts of any user
who violates our TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Little Bitties Boutique LLC Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Little Bitties Boutique LLC
Attn: Copyright Agent
Laura Lambert
South Haven, Michigan 49090
Telephone: 12697671017
Email: LittleBittiesBoutiqueLLC@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that Little Bitties Boutique LLC complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at www.littlebittiesboutiquellc.net.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Little Bitties Boutique LLC and
shall govern the use of our Services, superseding any prior version of this TOS between you
and us with respect to Little Bitties Boutique LLC Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain other Little
Bitties Boutique LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Little Bitties Boutique LLC with regard to the
TOS that the relationship between the parties shall be governed by the laws of the state of
Michigan without regard to its conflict of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the relationship between you
and Little Bitties Boutique LLC, shall be filed within the courts having jurisdiction within the
County of Van Buren, Michigan or the U.S. District Court located in said state. You and Little
Bitties Boutique LLC agree to submit to the jurisdiction of the courts as previously mentioned,
and agree to waive any and all objections to the exercise of jurisdiction over the parties by
such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Little Bitties Boutique LLC fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right or provision. If
any provision of this TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain in full force and
effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the TOS must be filed
within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Little Bitties Boutique LLC as follows:
Mailing Address:
Little Bitties Boutique LLC
Laura Lambert
South Haven, Michigan 49090
Telephone: 12697671017
Email: LittleBittiesBoutiqueLLC@gmail.com