LITTLE SLEEPIES WEBSITE TERMS OF USE
Last Updated on 10/22/2025
SECTION 1 – INTRODUCTION
This website (http://www.littlesleepies.com/), including all information, tools and other online or digital services (collectively, the “Services”), is operated and provided by Little Sleepies (“we”, “us” and “our”). These Terms of Use, together with any terms expressly incorporated by reference, including the Little Sleepies Privacy Policy, govern your access to and use of the Services. By clicking “I Accept” (or similar acceptance language) if prompted, creating an account, or by accessing or using any part of the site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Services. Please refer to our Privacy Policy to learn about our privacy practices with respect to your personal information.
Any new features or tools which are added to the Services shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website, or by contacting you in another manner that we deem appropriate. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Please note that these Terms of Use contain a dispute resolution provision that requires arbitration, waives your right to trial by jury and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail below.
SECTION 2 – ELIGIBILITY AND AVAILABILITY
In order to access or use the Services, you must be at least the age of majority in your state or province of residence and live in a country where the Services are made available. If you do not meet these requirements, you must not access or use the Services. You understand and agree that satisfying these requirements does not guarantee that you will receive access to the Services.
In addition to the above requirements, Little Sleepies reserves the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you. We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms of Use will result in an immediate termination of access to our Services.
Little Sleepies is based in the United States. Access to or use of the Services may not be legal by certain persons or in certain countries. If you access or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SECTION 3 – RELATIONSHIP TO OTHER TERMS AND POLICIES
The Little Sleepies Privacy Policy describes in detail our online information practices and how we gather, use, share and protect your information when you access, use or visit the Services. By accessing or using the Services, you agree to our information collection and use practices as disclosed in the Little Sleepies Privacy Policy. You may review the Little Sleepies Privacy Policy by clicking on the above link.
If there are additional terms associated with a specific online service or portion of the website, you will be presented with those additional terms at the time you access the online service or portion of the website (the “Additional Terms”). Those Additional Terms supplement these Terms of Use and are incorporated herein. To the extent there is any conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control with respect to the specific online service or portion of the website provided subject to those Additional Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although we attempt to maintain the integrity and accuracy of the information on the Services, we are not responsible if information made available on the Services is not accurate, complete or current. The Services may contain typographical errors, inaccuracies or other errors or omissions. If you believe that information found on the Services is inaccurate or unauthorized, please inform us by contacting us at the contact details provided in Section 24 (Contact Information).
SECTION 5 – SECURITY
We implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and to comply with applicable laws and regulations. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information and credit card information, and to use the Services and your devices or applications in a secure and responsible manner. You, not Little Sleepies, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.
SECTION 6 – MODIFICATIONS TO PRICES AND THE SERVICES
Prices for and descriptions and photos of our products are subject to change without notice at any time, and at the sole discretion of us. We also reserve the right to discontinue any product at any time.
In addition, we reserve the right at any time to modify or discontinue the Services (or any part or content thereof) in our sole discretion and without notice at any time. From time to time, we also may restrict access to some parts of the Services or the entirety of the Services, in our sole discretion.
We shall not be liable to you or to any third party if, for any reason, all or any part of the Services is unavailable at any time or for any period or for any modification, price changes or suspension or discontinuance of the products and Services.
SECTION 7 – RESTRICTIONS ON PRODUCTS AND ORDERS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. Any offer for any product made on this site is void where prohibited.
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 also do not warrant that the quality of any products, information or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.
We reserve the right, but are not obligated, to limit or refuse the sales of our products to any person, geographic region or jurisdiction and/or to refuse any order you place with us. This may include limiting or canceling quantities purchased per person, per household or per order, and these restrictions may be imposed on 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 e‑mail and/or billing address/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. We may exercise these rights on a case-by-case basis and in our sole discretion.
SECTION 8 – PAYING ONLINE; ACCURACY OF BILLING AND ACCOUNT INFORMATION
You may be able to make online payments via the Services. In using such online payment services, you authorize Little Sleepies to process and display your account and payment information on a secured internet site. You are responsible for the confidentiality of your password, banking or credit card information, and any account information. Little Sleepies is not responsible for any loss you may incur if someone misuses your password, banking or credit card information, or account information. Additional terms may apply to any online payment services as well.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online 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.
SECTION 9 – THIRD-PARTY SITES, MATERIALS AND SERVICES
In an effort to provide you with additional information, the Services may include links to materials or services from third parties or third-party websites. We make no representations about any third-party materials, services or websites. 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, services or websites, or for any other materials, products or services of third parties.
A hyperlink to another party’s materials, services or website does not mean that Little Sleepies endorses or accepts the content or use of the materials, services, site or its privacy practices. We also 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 any third-party websites. Please review carefully the third-party’s policies and practices, including regarding privacy, and make sure you understand them before you engage in any transaction. If you access third-party linked sites or materials from the Services, you are solely responsible for the access and use of the third-party linked sites and materials, and all complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 10 – INTELLECTUAL PROPERTY
The Services and the entirety of their contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors or suppliers, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The Little Sleepies name and logo and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of Little Sleepies. No trademark or service mark license is granted in connection with the materials contained within the Services. Access to the Services does not authorize anyone to use any Little Sleepies name, logo or mark in any manner.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The Services may allow you to upload, store and share certain content, including messages, photos and other materials, whether online, by email, by postal mail, or otherwise (“User Content”). Some User Content may be submitted at our request (for example as contest entries), but it also may be sent by you without a specific request from us (for example when you send creative ideas, suggestions, reviews, proposals, plans or other materials). You agree that your User Content 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 Services, including the website. You may not use a false e‑mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Content.
Except as otherwise specifically noted, your User Content is considered and will be treated as non-confidential, and you hereby grant Little Sleepies a nonexclusive, royalty-free, worldwide, fully paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your User Content in all media formats and channels now known or later developed without compensation to you. If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity.
If you believe that any User Content violates your copyright, please contact us as described in Section 24 (Contact Information).
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You understand that all information, data or other materials that you and other users of the Services upload, post, transmit, publish, display or otherwise make available through the Services, including information you share or make available to other users of the website, are the sole responsibility of you or the person from whom such User Content originated. We take no responsibility and assume no liability for any User Content shared by you or any other person, including any loss or damage resulting from use or reliance on User Content.
SECTION 12 – ELECTRONIC COMMUNICATIONS
You agree to receive invitations, notifications (including browser push notifications), reminders and other communications from Little Sleepies (and any of its agents) by e-mail, phone or other method of communication. These communications may include (but are not limited to):
· Promotional offers; and
· Website or product updates.
By providing your e-mail address, phone number or other method of communication, you are agreeing to be contacted by or on behalf of Little Sleepies to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our electronic communications by following the instructions for unsubscribing contained in the electronic communication. Please allow us ten (10) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial electronic communications, we may still e-mail you non-commercial (transactional) electronic communications related to your account and your transactions with us and the Services.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) in any way that violates any international, federal, provincial or state regulations, rules, laws or local ordinances (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (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, Trojan horses, worms, logic bombs, keystroke logging or any other type of malicious material that will or may be used in any way that will affect the functionality or operation of the Services 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; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet; (l) to impersonate or attempt to impersonate us, our employees or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability.
Additionally, you agree not to: (a) use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other user’s use of the Services, including a user’s ability to engage in real time activities through the website; (b) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the website; (c) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (d) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services are stored or hosted or any server, computer or database connected to the Services; (e) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or (f) otherwise attempt to interfere with the proper working of the Services.
We reserve the right to terminate your access to or use of the Services, including the website, for engaging in any of these prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES
You understand and agree that we do not provide any warranty with respect to the Services. Instead, you expressly agree that your access to and use of the Services is at your own risk and that the Services are provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE SLEEPIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES (INCLUDING ITS WEBSITE), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, LITTLE SLEEPIES DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE SERVICES WILL BE CORRECTED.
LITTLE SLEEPIES IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITTLE SLEEPIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
You understand that Little Sleepies cannot guarantee that use of our Services will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection and for maintaining a means external to our site for any reconstruction of any lost data.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Little Sleepies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims and expenses, including reasonable attorneys’ fees, whether made by you, on your behalf or by any third party arising out of your use of or access to the Services, including but not limited to claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify Little Sleepies and cooperate fully with Little Sleepies in the defense of any claim. Little Sleepies reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.
SECTION 16 – WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, LITTLE SLEEPIES, ANY LICENSOR OR SUPPLIER OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICES THAT RESULT FROM ANY ACT OR OMISSION OF LITTLE SLEEPIES, ANY LITTLE SLEEPIES LICENSOR OR SUPPLIER OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS OR DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICES. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF LITTLE SLEEPIES, ANY LICENSOR OR SUPPLIER OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICES IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
SECTION 17 – SEVERABILITY AND NO WAIVER
No waiver by Little Sleepies of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by Little Sleepies to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any part of these Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms of Use, and except as set forth in Section 22 (Dispute Resolution), all other parts of these Terms of Use are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
SECTION 18 – TERM AND TERMINATION
Little Sleepies can decide to suspend, restrict, limit or terminate your access to or use of the Services with or without a warning at any time for any reason in Little Sleepies’ sole discretion. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE SERVICES.
Little Sleepies can also assign its rights under the Terms of Use to any other party at any time without notice to you. The provisions of Sections 1 (Introduction), 14 (Disclaimer of Warranties), 15 (Indemnification), 16 (Waiver, Release and Limitation of Liability), 20 (Governing Law), and 22 (Dispute Resolution) will survive any suspension, restriction, limitation or termination of access to or use of the Services.
SECTION 19 – ENTIRE AGREEMENT
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, past or present (including, but not limited to, any prior versions of the Terms of Use).
SECTION 20 – GOVERNING LAW
You and Little Sleepies agree that your access to and use of the Services and these Terms of Use, and any dispute between you and Little Sleepies relating to your access to and use of the Services and these Terms of Use, will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules, except for the Dispute Resolution provision in Section 22 below.
SECTION 21 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use 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 Use by posting updates and changes to our website. Such modifications will become effective upon posting online.
You agree to review these Terms of Use regularly, because your continued use of or access to our website or the Services following the posting of any changes to these Terms of Use constitutes agreement to any modified terms.
SECTION 22 – DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND LITTLE SLEEPIES TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND LITTLE SLEEPIES FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND LITTLE SLEEPIES AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. LITTLE SLEEPIES AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 22(L), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.
A. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 22 (the “Agreement”) apply to all Claims between you and Little Sleepies. A “Claim” is any dispute, claim or controversy (excluding those exceptions listed below) between you and Little Sleepies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms of Use, or the Services, including any privacy or data security claims or claims related to the validity, enforceability or scope of the arbitration requirement or any portion of it.
B. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Little Sleepies or if Little Sleepies has a Claim against you, you and Little Sleepies will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Little Sleepies will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.
You will send any Claimant Notice by certified mail addressed to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. Little Sleepies will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Little Sleepies. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) include your handwritten signature or the handwritten signature of a Little Sleepies employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other customer or user of the Services.
During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.
The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: Your name, telephone number, mailing address and e‐mail address associated with your account (if you have one), the name, telephone number, mailing address and e‐mail address of your counsel (if any), and whether you intend to have the conference by telephone or by videoconference. The Notice of Conference must be mailed to Little Sleepies by certified mail return receipt requested to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other customer or user of the Services. A customer or user of the Services may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Little Sleepies cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Little Sleepies file a Claim in court or proceed to arbitration without complying with the requirements in this Section 22, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 22 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
C. Claims Subject to Binding Arbitration. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Little Sleepies, including any disputes in which you or Little Sleepies seek injunctive or other equitable relief for the alleged unlawful use of your or Little Sleepies’ intellectual property or other infringement of your or Little Sleepies’ intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 22(B) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
D. Binding Individual Arbitration. The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in Section 22(B) (above) are fully satisfied.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act (“FAA”). In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.
The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
This Agreement affects interstate commerce, and the enforceability of this Section 22 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Little Sleepies to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.
E. Arbitration Procedure and Location. You or Little Sleepies may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the AAA Rules.
Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 1-800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Little Sleepies, Attn: Legal Department, 959 Seward St, Suite 201, Los Angeles, CA 90038 or by email to ls.legal@littlesleepies.com. Little Sleepies will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Little Sleepies.
The arbitration will be conducted by a single arbitrator in the English language. You and Little Sleepies both agree that the arbitrator will be bound by this Agreement.
Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.
At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.
Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in paragraph B of this Section 22 have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.
If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, Little Sleepies will reimburse any AAA filing, administration and arbitrator fees that were paid by you.
If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorneys’ fees and costs.
F. Arbitration Fees. After Little Sleepies receives notice that you have commenced arbitration, Little Sleepies will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, Little Sleepies will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, Little Sleepies will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.
G. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.
H. Confidentiality. If you or Little Sleepies submits a Claim to arbitration, you and Little Sleepies agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret or otherwise sensitive information, documents, testimony and other materials that might be exchanged or the subject of discovery in the arbitration. You and Little Sleepies agree to seek such protection before any such information, documents, testimony or materials are exchanged or otherwise become the subject of discovery in the arbitration.
I. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
1. “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
2. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
3. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
4. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
5. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees and administration.
6. If any part of this Section 22(I) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 22(I) and this Agreement shall be enforced to the maximum extent permitted by law.
7. If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 22(I) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section 22(I). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration.
J. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing ls.legal@littlesleepies.com. To be effective, the opt-out notice must include your full name, mailing address and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 22.
K. Rejection of Future Arbitration Changes. You may reject any change we make to Section 22 (except address changes) by sending us notice of your rejection within 30 days of the change via email by emailing ls.legal@littlesleepies.com.Changes to Section 22 may only be rejected as a whole, and you may not reject only certain changes to Section 22. If you reject changes made to Section 22, the most recent version of Section 22 that you have not rejected will continue to apply.
L. Severability. If any portion of this Section 22 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 22 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 22; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 22 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 22 will be enforceable.
M. Delegation. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (iii) whether you or Little Sleepies, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above).
Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.
SECTION 23 – LIMITATION OF TIME TO FILE CLAIMS
Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at hello@littlesleepies.com
