Terms and Conditions
Little Pickins Terms of Service
These Terms of Service (this “Agreement”) set out the terms on which Little Pickins, Inc. (“Little Pickins” “we” or “us”) will provide access to and use of certain services which allow customers to purchase wholesome pre cooked frozen finger foods for children ages one to three (the “Service”), available on or through our website www.littlepickins.com (the “Site”) to you, a customer of the Service (“you” or “Customer”). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms “Customer” and “you” will include both you, the individual customer, and such organization. If you do not agree to these terms and conditions, you must not use the Service or purchase the Products (as defined herein).
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND LITTLE PICKINS, AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THIS AGREEMENT CAREFULLY.
- Nature of the Service. Frozen Pre-Cooked Finger Foods. Little Pickins will use reasonable commercial efforts to provide the Service described in and subject to this Agreement. The Service offers subscription plans or individual sales of delivery of frozen pre-cooked finger foods for toddlers and pre-school aged children (the “Pickins” or “Products”). Subscription plans are available to Customers in the states of Massachusetts, Connecticut and New York (which areas are subject to change) and subscription plans or individual online orders are available to Customers in the zip codes designated on our Shop Page (http://www.littlepickins.com/shop).
- Use of the Service.
- Little Pickins Subscription Service. In order to use certain parts of the Service, including the Little Pickins subscription plan service available on the Site, you will be required to provide certain information including, but not limited to, your first name, last name, email address, physical address for Product delivery and telephone number, and to create a password and register with us. Only Customers who reside in designated shipment areas are able to purchase subscription plans on the Site. We advise you to check the Shop Page (http://www.littlepickins.com/shop) frequently as subscription availability areas may change. You are responsible for your registration, and for all use of the Service using any credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential. You represent and warrant to us that you will provide us with and maintain accurate, current and complete information.
- No Minimum Purchase in Designated Delivery Areas. Only Customers who reside in designated delivery areas are able to place individual orders on the Site. If you live in such an area, there is no minimum amount of Product you are required to purchase if you place individual orders on the Site. The designated delivery areas for individual product orders are listed on the Shop Page of the Site (http://www.littlepickins.com/shop) by zip code, and are subject to change. If you do not live in a designated delivery area, but live in a designated subscription shipment area, you may enter into a subscription plan to purchase Pickins. In order to receive certain promotional offers such as free shipping, or as part of certain subscriptions we may offer, you may be required to purchase a certain number of Products.
- Shipping. We ship (or cause to be shipped by our third-party fulfillment vendor) all food Products frozen in insulated packaging that is kept cool with liquid nitrogen (i.e., “dry ice”). WARNING: DO NOT HANDLE DRY ICE WITH BARE HANDS OR ALLOW THE DRY ICE TO COME INTO CONTACT WITH EXPOSED SKIN. AVOID PROLONGED EXPOSURE TO DRY ICE
IN ENCLOSED OR CONFINED SPACES, SUCH AS WALK-IN REFRIGERATORS, STORAGE ROOMS, OR OTHER CONFINED OR UNVENTILATED SPACES. DO NOT INHALE VAPORS FROM THE DRY ICE. DO NOT EAT OR CONSUME DRY ICE. DO NOT PUT DRY ICE IN DRINKS OR FOOD. TOUCHING OR CONSUMPTION OF DRY ICE MAY RESULT IN ADVERSE HEALTH CONDITIONS, PHYSICAL ABNORMALITIES, AND POSSIBLY DEATH. KEEP DRY ICE OUT OF REACH OF MINORS.
- Delivery. Pickins are packaged to stay frozen for the full delivery day; however, you should (a) inspect your Pickin Current information regarding our delivery timeframes and delivery zones is available on our Shop Page (http://littlepickins.com/shop). We advise you to check the Shop Page frequently as delivery information and availability may change. In the event of delivery delays after you have placed an order, you will be promptly contacted by a representative of the Little Pickins team. You agree to pay all delivery fees displayed to you at the time you place an order. s upon delivery to confirm that all ingredients are frozen; (b) place the Pickins in your freezer immediately upon delivery; and (c) notify Little Pickins at firstname.lastname@example.org if your Pickins appear damaged, defective or unsuitable for consumption. You are responsible for ensuring that someone accepts your shipments at the scheduled delivery time, and if you are not available to accept delivery when shipments arrive, our shipping provider may leave your shipments at your door. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PICKINS ARE FROZEN UPON DELIVERY, AND FOR SAFE AND PROPER STORAGE, HANDLING, COOKING AND CONSUMPTION OF PICKINS, BEGINNING AT DELIVERY.
- Purchase Information. We strive to ensure that the information on our Site is complete and reliable. Nonetheless, the Site may contain pricing errors, typographical errors and other errors or inaccuracies for which we will not be liable to you or any other person, unless otherwise prohibited by law. We reserve the right to limit quantities of Pickins purchased by Customers. We do not guarantee that all varieties of Pickins described on our Site, in our e-mails or in other communications to you will be available.
- Labeling and Ingredient Disclaimer. WE ATTEMPT TO INCLUDE ACCURATE DEPICTIONS OF OUR PRODUCTS ON THE SITE AND ON LABELING, INCLUDING INGREDIENTS, BUT DO NOT GUARANTEE ACCURACY AND DISCLAIM ALL LIABILITY FROM YOUR RELIANCE ON SUCH INFORMATION. YOU ACKNOWLEDGE THAT IN PREPARING OUR PRODUCTS, WE STORE, HANDLE, PREPARE, PACKAGE AND DELIVER PRODUCTS CONTAINING THE EIGHT (8) MAJOR FOOD ALLERGENS: MILK, EGGS, FISH, CRUSTACEAN/SHELLFISH, TREE NUTS, WHEAT, PEANUTS, AND SOYBEANS . WE DO NOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR. YOU BEAR SOLE RESPONSIBILITY FOR REVIEWING THE INGREDIENTS OF OUR PRODUCTS ON THE PACKAGE LABELING PRIOR TO HANDLING, PREPARING AND CONSUMING THEM.
- Fees and Orders.
- Payment Terms. The Service, or certain features of the Service, may be available only if certain fees or payments are paid by you. In order to purchase a subscription plan or a one-time order of Pickins through the Service, you will provide us (or our designated third-party payment provider) with accurate and valid credit card or other digital payment information and update your credit card or other payment information in the event any information provided becomes invalid or incomplete. All payments shall be made in U.S. dollars. You are responsible for any tax, duty, custom or other fee of any nature, other than taxes on Little Pickins’s income, imposed on the Service by any federal, state, local or foreign government authority. We retain the right to charge interest on any overdue balance at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You will also be responsible for our reasonable costs of collection, including attorney’s fees, if we
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deem it necessary to take any legal or administrative action to collect unpaid amounts. We reserve the right to accept, refuse or cancel any orders placed through the Service, without liability or justification.
- Refunds. We will refund you (a) if your order was cancelled by us after your credit card or other digital payment method has been charged, (b) for Products you receive which are non-conforming with your order or otherwise unsatisfactory; provided, that you contact us within seven (7) days of delivery of the unsatisfactory Products, and that we may require additional information, such as a photo of the unsatisfactory Products) from you prior to issuing such a refund. You may contact us at email@example.com if you are not satisfied with your Pickins or the Service for any reason.
- Subscription Plans. We may offer paid subscription plans for delivery of Pickins to you on an ongoing basis, as described in further detail on our Site and in Section 2a of this Agreement. If you provide a credit card or other payment method accepted by Little Pickins and sign up for a subscription through the Service, you are expressly agreeing that Little Pickins (or our designated third-party payment provider) is authorized to charge your payment method for the applicable subscription fee (plus any applicable taxes) on a recurring basis, whether monthly, annually or otherwise, depending on the shipment frequency you have chosen, as applicable. Your subscription will continue in effect and renew on a recurring basis, according to the terms of the specific plan you choose, unless and until you cancel your subscription. Depending on the specific subscription plan you have chosen, you may be permitted to skip shipments.
- Cancellation of Auto-Renew Subscription Plans. You must cancel your subscription no later than two (2) weeks prior to the delivery date of a Pickins order, in order to avoid the being charged for the order. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME (WHICH CANCELLATION WILL BE EFFECTIVE AS SET FORTH IN THE PRECEDING SENTENCE) BY PROVIDING NOTICE TO LITTLE PICKINS BY EMAILING US AT HELLO@LITTLEPICKINS.COM STATING YOUR NAME AND THAT YOU ARE CANCELING YOUR SUBSCRIPTION, OR WORDS OF SIMILAR EFFECT. YOU MAY ALSO CANCEL BY LOGGING INTO YOUR ACCOUNT ON THE SITE, FOR A PRE-FORMATTED CANCELLATION E-MAIL TEMPLATE, WHICH YOU CAN SEND TO US. After your cancellation, you will still be charged for any shipments that shipped or were due to be delivered less than two (2) weeks prior to our receipt of your cancellation. If you cancel your subscription, the cancellation will be effective upon your receipt of confirmation from Little Pickins of the cancellation, and Little Pickins will not automatically renew your subscription thereafter.
Little Pickins reserves the right to change the terms of the Service, including pricing, from time to time. If Little Pickins changes pricing, we will update our Site to reflect such changes. If you purchase a subscription to Little Pickins, and Little Pickins changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. If you purchase a subscription from us with promotional pricing or which includes free Products, we will inform you of the non-promotional/gift pricing, obtain your consent to such pricing, and notify you of how to cancel your subscription prior to billing you at the non-promotional/gift pricing. Delivery of the next shipment of Pickins to you after notification of changes in pricing or subscription terms will be deemed acceptance of such changes by you.
- Your Representations and Warranties. You represent and warrant that you comply and will comply with all applicable laws and regulations in your use of the Service.
- Ownership Rights. The Service, including all aspects of the Site, is the property of, and owned by, Little Pickins or its licensors. All the software, algorithms, functionality, inventions, concepts, text, photographs, images, marks, logos, recipes, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use,
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copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The mark LITTLE PICKINS and any associated logos, are registered or unregistered trademarks or service marks of Little Pickins or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, non-transferable, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service, as permitted by this Agreement, solely for your personal non-commercial use. We reserve all other rights. For clarity and without limiting other obligations herein, Customers shall not distribute or otherwise commercialize Our Property.
- Feedback. If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively “Feedback”), the Feedback will be the sole property of Little Pickins. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
- Warranty Disclaimers and Limitations of Liability. THE SERVICE AND THE PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ALL WARRANTIES RELATED TO THE PRODUCTS; (B) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (B) THAT THE SERVICE, THE RESULTS, THE PRODUCTS
OR OUR PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR (I) THE ACTS OR OMISSIONS OF ANY THIRD PARTIES,
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INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICE PROVIDERS, AND (II) THE PRODUCTS, AND ANY EFFECTS OF THE PRODUCTS ON YOU OR ANY THIRD PARTY. YOU AGREE THAT YOU WILL NOT SUE LITTLE PICKINS FOR ANY CLAIM RELATED TO ANY PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE SERVICE.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PRODUCTS, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILTY, OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, THE PRODUCTS OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE PRIOR YEAR (OR, IF YOU ARE A NON- PAYING CUSTOMER, TO THE AMOUNT OF $10). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnity. You will indemnify us, our affiliates, and our and their respective partners, members, trustees, directors, officers, employees, and licensors against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to (a) your breach of this Agreement, or (b) your use of the Service, (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
- Suspension and Termination. You may terminate this Agreement at any time by ceasing to use the Service. We reserve the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service or the Products at any time on written notice to you (including by posting on our website or social channels), for any reason or no reason. If this Agreement is terminated for any reason or no reason, you agree that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with termination of this Agreement. Upon termination, your account registration information will be deactivated and may no longer be retrievable by you. Please note, however, that information you enter or accept into your Little Pickins account is backed-up and saved on a server and as such, we cannot guarantee that information that has been deleted from Little Pickins account will not be available elsewhere. Sections 1, 2(f), 4 through 16, 18 and 19, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
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- Modification of Service and Agreement. We reserve the right to modify the Service at any time, without notice to you. We may change or discontinue any of our Product offerings at any time. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by posting on our website. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, you must terminate your account and cease using the Service. Except as set forth above, this Agreement may be amended or modified only by an express writing signed by Little Pickins.
- Children. The Service is not directed to Customers under the age of 18. The Service does not knowingly collect personal information from children under the age of 13. If you are under 18, you are not permitted to use the Service or to send personal information to Little Pickins.
- Applicable Law. You and we each agree that all disputes or other matters arising from or relating to this Agreement, or the use or operation of the Service, will be governed by the substantive laws of the Commonwealth of Massachusetts, U.S.A., without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. Any action or proceeding by you relating to any claim arising from or relating to the Service or this Agreement must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
- Arbitration. We will attempt to resolve disputes with Customers to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any disputes arising out of or relating to the Service, your purchase or receipt of Products or this Agreement (including the validity and scope of the agreement to arbitrate and any disputes with other customers of the Service) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act, and shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts unless the AAA or the arbitrator shall determine that venue in such city is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. The arbitrator may render early or summary disposition of some or all issues, after the parties have had a reasonable opportunity to make submissions on these issues. At Little Pickins’s option, this provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets (collectively, “IP Claims”). With respect to any IP Claims that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within Boston, Massachusetts U.S.A., with respect to any suit, claim or cause of action arising from or relating to the Service or this Agreement, and you shall not bring any such suit, claim or cause of action exc ept in a court located within Boston, MassachusettsU.S.A. You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US. If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.
- Force Majeure. Little Pickins will not be liable for lost or destroyed Products, delay or non performance of any of its obligations hereunder or its performance of the Service to the extent that such performance is prevented, prohibited or delayed, or such loss or destruction is caused, by any circumstance for reasons beyond its control including without limitation, labor disputes, fire, flood, natural disaster, war blockade, military operations, riot, civil commotion, plant breakdown, power outage, computer or other equipment failure or non delivery or delays in delivery by any other suppliers of goods or services utilized in the performance of services
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under this Agreement, provided that Little Pickins completes performance of the Service within a reasonable time after such circumstances are resolved.
- Geography. We provide the Service from the United States. The Service is available for use only by persons located in the United States, and Products are only available for subscription or individual orders at the locations set forth in Sections 1 and 2 of this Agreement and on the Site. We do not ship Products outside of the United States. We make no claims that the Service or any of its content or the Products are accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Miscellaneous Provisions. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under this Agreement.
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