Terms + Conditions – The Little Market

Terms + Conditions

THE LITTLE MARKET'S TERMS & CONDITIONS

Last updated: october 22, 2020

Overview

Thank you for visiting The Little Market. This Website, cailunpacking.com (the “website”), is owned and operated by The Little Market, Inc. Throughout The Website, The Terms “We,” “Us,” and “Our” refer to The Little Market. The Little Market offers this Website, including all products, information, tools, and services available from this Website, to You, the user, conditioned upon your acceptance of all terms, conditions, policies and notices state herein, including those additional terms and conditions and policies reference herein and/or available by hyperlink (herein after the “Terms of service”, “Terms,” or “Terms of use”).

Please read these terms of service carefully before accessing or using our website. This is a legal agreement between you and The Little Market. These terms of service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. The Little Market is willing to license and allow the use of this Website only on the condition that you accept and agree to all of the terms and conditions contained in these terms of services. If you do note agree to these terms of service, then you may not access the website or use any services. Any new features or tools that are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change, or replace any part of these terms of service by posting updates and/or changes. It is your responsibility to check this page periodically for. changes. The date these terms of services were last updated is indicated by the “last updated” date posted above. Your continued user of our access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1

Age AGreement

The Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unized. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make a purchase.

If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms if Service on behalf of both yourself and your child. If you reside in a jurisdiction that would restrict the use of the Website - or any of the functionalities or features offered via the Website - because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland or United Kingdom, you must be 16 years of age or older, and any use of or access to the Website by anyone under 16 is unized.

Section 2

General AGreement

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a.) transmissions over various networks and (b.) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

Section 3

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website - and any product descriptions - are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.

Section 4

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any product, service, part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Website, or product or service offered via the Website.

Section 5

Products or services

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Website will be corrected.

Section 6

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Once you have placed an order to purchase a product, and provided that order has been accepted, you will receive an order confirmation via email. Please check this confirmation. Payments must be received in full prior to sending you the purchased product(s). If your payment is not received or is declined by your bank or credit card issuer, we will not hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount.

For more information, please visit our returns policy.

Section 7

OPTIONAL TOOLS, FEATURES & FUNcTIONALITY

We may provide you with access to third-party tools - which provide users with additional features and functionality - over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service

Section 8

third Party Links

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with this Website or any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (i.e. contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that such comments will be the sole and exclusive property of The Little Market. You hereby irrevocably transfer and assign to The Little Market all of your right, title, and interest in and to all comments, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such comments. Without limiting the foregoing, you acknowledge that such comments may be disseminated or used by us for any purpose whatsoever, including developing or improving the Website and/or products and services, and that we may, at any time, without restriction, edit, modify, sell, loan, exhibit, publicly display copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1.) maintain any comments in confidence; (2.) pay compensation for any comments; or (3.) respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content (including any reviews) that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments/reviews will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal, intellectual or proprietary right. You further agree that your comments/reviews will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. For more information, please view our Privacy Policy.

Section 11

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will promptly issue a credit to your method of payment for the amount in question.

We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied Website should be taken to indicate that all information on the Website has been modified or updated.

Section 12

prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a.) for any unlawful purpose; (b.) to solicit others to perform or participate in any unlawful acts; (c.) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f.) to submit false or misleading information; (g.) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h.) to collect or track the personal information of others; (i.) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j.) for any obscene or immoral purpose; (k.) to interfere with or circumvent the security features of the Website, other websites, or the Internet; (l) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or content or in any way; (m) modify or make derivative works based upon the Website or content on the Website; (n) create Internet “links” to the service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; or (o) reverse engineer or access the Website in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of Website, or (3) copy any ideas, features, functions or graphics of the Website. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

Section 13

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warn that your use of the Website will be uninterrupted, timely, secure, or error-free.

We do not warrant that results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website or any portion thereof for indefinite periods of time or cancel / suspend access to the website at any time without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole rise. The Website and all products and service delivered to you through the website are (expect as expressly stated by Us) provided “As Is” and “Available As” for your use, without any representation, warranties, or conditions of any kid, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall The Little Market and/or our directors, officers, employees, affiliates, agents, contractors, interns, supplies, service providers, or licensors be liable for any injury, loss, or claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligences), strict liability, or otherwise, arising from your use of any of the service, any products procured using the website, or for any other claim related in any way to your use of the Website or any product, including but not limited to, any errors or omissions in any content, any loss or damage of any kind incurred as a results of the use of the website, or any content (or product) posted, transmitted or otherwise made available via the website, even if advised of their possibility. Because seem states or jurisdictions do not allow the exclusions or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to maximum extent permitted by law.

Section 14

INDEMNIFICATION

We do not guarantee, represent, or warn that your use of the Website will be uninterrupted, timely, secure, or error-free.

We do not warrant that results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website or any portion thereof for indefinite periods of time or cancel / suspend access to the website at any time without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole rise. The Website and all products and service delivered to you through the website are (expect as expressly stated by Us) provided “As Is” and “Available As” for your use, without any representation, warranties, or conditions of any kid, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall The Little Market and/or our directors, officers, employees, affiliates, agents, contractors, interns, supplies, service providers, or licensors be liable for any injury, loss, or claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligences), strict liability, or otherwise, arising from your use of any of the service, any products procured using the website, or for any other claim related in any way to your use of the Website or any product, including but not limited to, any errors or omissions in any content, any loss or damage of any kind incurred as a results of the use of the website, or any content (or product) posted, transmitted or otherwise made available via the website, even if advised of their possibility. Because seem states or jurisdictions do not allow the exclusions or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to maximum extent permitted by law.

Section 15

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16

termination

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the product or services constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the product or services constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18

GOVERNING LAW; NO CLASS ACTION; ARBITRATION

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States of America and the State of California, U.S.A., as applied to agreements entered into and completely performed in the State of California. You and The Little Market each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in Orange County, California.

You and The Little Market agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor The Little Market will seek to have any dispute heard as a class action, a representative action, a collection action, a private attorney general action, or in any proceeding in which you or The Little Market acts or proposes to act in a representative capacity. You and The Little Market further agree that no proceeding will be joined, consolidated, or combined with any other proceeding without the prior written content of you The Little Market, and all parties to any such proceeding.

At The Little Market’s sole discretion, any disputes or claims under these Terms of Service or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in Orange County, California, and the laws of California shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, The Little Market may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against The Little Market must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Website and/or the purchase of any product(s), or these Terms of Service, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by The Little Market with respect to a breach by you or others does not waive The Little Market’s right to act with respect to subsequent or similar breaches.

Section 19

PAYMENTS AND PAYMENTS PROCESSING; RULES FOR ALL PAYMENTS

The Website provides users the ability to purchase products. We have engaged the services of third-party payment services provider(s) to process all credit card payment transactions and to manage the routing of applicable customer information through the credit card networks. The Little Market is not affiliated with, and we are not responsible in any way for the actions or performance (or lack thereof) of such third party.

Section 20

LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT

The Website contains hyperlinks to other websites – including a variety of social media sites such as Facebook, Twitter, YouTube, Instagram and Pinterest - each owned and operated by third parties. We do not control the websites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The Little Market shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such linked website. The Little Market is not responsible for the privacy practices of any other website, and we encourage you to read the privacy policy of each website you visit prior to providing them any information or undertaking any activities.

Section 21

INTELLECTUAL PROPERTY RIGHTS

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of The Little Market. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The Little Market. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Website without the prior written ization of The Little Market or their respective owners.

Copyright

Except as otherwise expressly stated, all content appearing on the Website – including all scripts, videos and similar materials, is the copyrighted work of either The Little Market or third party partners and suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of The Little Market, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written ization of The Little Market, or any applicable third-party suppliers or ized users. The use of content, including images, by you, or anyone else ized by you, is prohibited unless specifically permitted by The Little Market. Any unized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Little Market does not warrant nor represent that your use of any content or materials displayed on the Website will not infringe rights of third parties.

 

Takedown Notice

If you believe that any content, pictures, videos or images on these Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights, please contact us at concierge@cailunpacking.com and provide enough information to enable The Little Market to understand what content, pictures or images are an issue, and provide contact  information so that we can contact you with any questions or follow up.

Section 22

WEBSITE/SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS

The Little Market Website is hosted in the United States. If you are a non-U.S. user of The Little Market, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

We make no representations that the Website and any and all information contained therein, is appropriate, available or legal in any particular location. The Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Little Market to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and all related services, information or products on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.

Section 23

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24

Questions about the Little Market

Questions about the Terms of Service should be sent to us at concierge@cailunpacking.com.