Welcome to MyLittleYoni.com! The website of My Little Yoni, LLC. These are the official Terms of Use for the MyLittlYoni.com website (the “My Little Yoni Site” or the “Site”). Throughout these Terms of Use, (My Little Yoni LLC), the owner and operator of the My Little Yoni Site, is referred to alternately as “Us” , “We” and “My Little Yoni LLC”.
These Terms of Use govern your access to the My Little Yoni Site, whether accessing content on the Site, contributing content to the Site, commenting on any content at the Site, or using any other features of the Site. If you do not agree with any of the provisions of these Terms of Use, your sole recourse is to cease your access to the Site and any content on the Site and to cease contributing any content to the Site. By continuing to access the Site, whether to contribute content or to access content, you acknowledge your agreement with these Terms of Use in all respects.
USE OF THE MY LITTLE YONI.COM WEBSITE
By agreeing to the Agreement, you represent and warrant to us that: (a) you are at least 18 years old (or at least 13 years old and your parent or guardian has agreed to the Agreement on your behalf) and have the legal capacity to contract, (b) you have not previously been suspended or removed from any Services, and (c) your registration and your use of the Services is and will comply with all applicable laws and regulations. You represent and warrant to Us that you are legally capable of entering into this binding legal agreement, and that the information you provide to Us is true and correct when provided. Your use of the Site must at all times comply with all applicable laws relevant to your use of the Site and any content that you contribute to the Site.
PURCHASE OF GOODS AND SERVICES ON THE MY LITTLE YONI.COM WEBSITE
The purchase of any goods or services through the My Little Yoni.com website are billed in United States Dollars. All products and/or services offered for sale by the Site have their own refund policy. Please refer to each product’s or service’s product information page for more information.
If you make a purchase from a merchant on a site linked to by the My Little Yoni Site, the information obtained during your visit to that merchant’s site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant, which may have a privacy policy and data collection practices that differ from those of the My Little Yoni Site. You agree that My Little Yoni LLC and our affiliates shall have no responsibility or liability with respect to any actions or consequences arising from your transactions on any such third party sites or from your purchase or use of any products or services made available by third parties on the Site, or from sites accessible through the My Little Yoni Site.
PRODUCTS AVAILABILITY AND SHOPPING TERMS
We reserve the right to refuse any order you place with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order and purchases from any geography or jurisdiction. 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 addition, products may have limited quantities and are subject to return or exchange only according to our return policy. We may exercise this right on a case-by-case basis. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We may request additional information or documents from you in order to confirm that you are the holder of the payment instrument that was used to place the order, or are otherwise authorized to place the order. If you do not reply to our request for information or documents, we reserve the right to cancel your order.
To place an order through the Services, you must be of legal age in your country and a consumer - not a reseller. The Services are intended solely for MY LITTLE YONI LLC to sell MY LITTLE YONI LLC products direct to end-consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a MY LITTLE YONI LLC product by someone who resells, or intends to resell, the MY LITTLE YONI LLC product to others (consumers, businesses or any third party). If MY LITTLE YONI LLC determines (in our sole judgment) that you are involved in purchase for resale, MY LITTLE YONI LLC reserves to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Us. We reserve the right to change the goods advertised or offered for sale through MY LITTLE YONI LLC Services, the prices or specifications of any such goods and any promotional offers and any content available on the Services at any time and from time to time without any notice or liability to you or any other person. Any offer for any product or service made on the Services is void where prohibited.
Additional e-commerce terms and conditions relating to refund, exchange, re-stocking, taxes, shipping may be provided at or near the point of purchase.
Without limiting any the foregoing and subject to applicable law we reserve the right to cancel orders (always with notice to the extent required by law) without liability (other than repayment of any amounts received from you in relation to the cancelled order) if: your billing information is not correct or not verifiable; your order is identified as an unusual order or an order susceptible to fraud; payment is not received within a reasonable period following acceptance of your order; we believe that you are a reseller; there was an error in the price displayed on the Services; we could not deliver to the address provided by you; due to an event of force majeure; or in the event of misspelling, pricing or other errors or mistakes in the Services information.
SHIPMENT
All products purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Any products purchased from MY LITTLE YONI LLC via the Services and shipped internationally via DHL will be imported by My Little Yoni LLC on your behalf. Accordingly, you as buyer authorize MY LITTLE YONI LLC to import such products on your behalf. Further, you agree that MY LITTLE YONI LLC may delegate the obligation to import the products to a subcontractor (e.g. customs broker). Unless otherwise specified you are responsible for paying any taxes or duties associated with the importation of the purchased products in addition to the purchase price.
PRODUCT WARRANTY AND RETURNS
[It is MY LITTLE YONI LLC’s policy to replace defective product within a one year time frame from the date of purchase. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. Refunds will be issued based on the original form of payment.]
Except in connection with nonrefundable purchases (such as final sale items, My Little Yoni LLC “merch” and gift cards) or as otherwise stated to the contrary herein or during the check-out process, you have the right to cancel or exchange an order at any time within sixty (60) days of the purchase date. If you exercise your right of cancellation or exchange, you will be responsible for returning the goods to us promptly in their original condition. You can request a return or exchange via hello@mylittleyoni.com.
CONTRIBUTING CONTENT TO THE MY LITTLE YONI.COM WEBSITE
You may contribute content to the My Little Yoni Site in different ways, including submitting photographs, audio and video content, posting comments related to content on the Site, participating in online forums and any other ways that are permitted using the Site (all such being “Your Content”). When you post or submit Your Content to the Site, You are granting My Little Yoni LLC a licensed right to use, publish, display, sell, exploit and perform Your Content (and to permit our affiliates, agents, and contractors to do so on our behalf) in any way that we see fit for the purposes of operating the My Little Yoni Site, including without limitation (a) to use, publish, perform, sell, exploit and/or display Your Content on the My Little Yoni Site and any affiliated publications, (b) to use Your Content for promotional and marketing purposes related to the My Little Yoni Site, (c) to create derivative works that are based on which incorporate Your Content (“Derivative Content”) for publication, performance and display on the My Little Yoni Site, or for promotional or marketing purposes related thereto, (d) to permit other users of the My Little Yoni Site to compile, organize, link, re-edit, adapt, translate or modify Your Content for publication, display and/or performance on the My Little Yoni Site (“User Modified Content”). You agree that you will have no rights whatsoever with respect to any Derivative Content or User Modified Content, and We shall be free to display, publish, sell, exploit and perform any such content in all media hereafter anywhere in the world. Furthermore, in connection with the exercise of these rights, you grant My Little Yoni and anyone authorized by My Little Yoni the right to identify you as the author or contributor of any of your postings or submissions by name and/or email address, as we deem appropriate.
You represent and warrant that you have the legal right (including any licensed intellectual property rights) to contribute any of Your Content to the My Little Yoni Site, and that your submission of Your Content will not violate the rights of any third party. If Your Content includes the name and/or likeness of any identifiable individual person (a “Content Model”), you represent and warrant that you have the written consent of each such Content Model to use the name and/or likeness (as relevant) of such Content Model as required under these Terms of Use for use, publication, display and performance on the My Little Yoni Site and any My Little Yoni affiliate sites, as described in these Terms of Use. You agree that under no circumstances will you submit any content that contains any falsehoods or misrepresentations, nor submit any content that is unlawful or hateful (whether obscene, defamatory, libelous, threatening, harassing, racially offensive, ethnically offensive, inciting or otherwise). You may not use the Site to impersonate any person or entity, or falsely state or misrepresent your affiliation with any third party.
You are solely and exclusively responsible for, and agree to indemnify and hold harmless My Little Yoni LLC and our employees, officers, directors, vendors, contractors and users (including any attorney’s fees) against, any third party actions brought against Us with respect to the publication, display or performance on the My Little Yoni Site of any of Your Content in violation of these Terms and Conditions or any applicable law. My Little Yoni LLC reserves the right to exclusively control the defense of any such claim for which We are entitled to indemnification hereunder, at our sole cost and expense, subject to your reasonable cooperation with such defense. You may not post any of Your Content that is intended to market or advertise any products or services on the Site. We reserve the right to remove any of Your Content from the Site at any time, and for any reason or no reason, without any prior notice to You.
ACCESSING CONTENT ON THE MY LITTLE YONI.COM WEBSITE
The My Little Yoni.com website contains special curated collection of content created by professionals on behalf of My Little Yoni LLC, and provided to Us by contributors from all over the world. The My Little Yoni Site, and all of the content contained on the Site is protected by copyright law as a collective work and as a compilation work under the laws of the United States of America and other jurisdictions where the site is accessed. We reserve all rights in the Site’s content, which is either owned by My Little Yoni LLC or which is licensed to My Little Yoni LLC by the respective content’s rights holders. My Little Yoni’s rights to publish the Site’s content is secured by various agreements with content owners, including professional photographers and contributors to the My Little Yoni Site. You agree to strictly abide with any copyright notices or similar restrictions, including any watermarked notices, that may be contained anywhere on the Site.
When you access the Site, you are prohibited from copying, reproducing, distributing, publishing, modifying or creating derivative works of any of the content on the Site, including any text, image, audio, video or any other content on the Site, unless otherwise expressly permitted by the Site. You may not distribute, sell or offer for sale ay My Little Yoni Site content under any circumstances, except to the extent expressly required under applicable law. You may, however, from time to time, download and/or print one copy of individual pages of the Site for you personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
My Little Yoni LLC reserves the right to discontinue access to the My Little Yoni Site at any time, whether temporarily or permanently, without any prior notice. We reserve the right to restrict your access to the Site at any time. We will not be liable to you or any third party for any such restriction or deactivation of your access, or for the removal of any of Your Content from the Site.
ALL ACCESS TO THE MY LITTLE YONI SITE IS PROVIDED “AS-IS”, AND WE DISCLAIM ANY WARRANTY THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. ACCESS TO THE SITE MAY BE SUBJECT TO INTERRUPTIONS OR MAY BE DISTRUPTED COMPLETELY. WE DO NOT MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED IN THESE TERMS OF USE, REGARDING ANY INFORMATION, CONTENT OR FEATURES OF THE SITE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEBSITES THAT MAY LINK TO OUR SITE, OR WHICH MAY BE LINKED TO FROM OUR SITE.
NOTIFYING US ABOUT POTENTIALLY INFRINGING OR UNLAWFUL CONTENT
In the event that you believe in good faith that any of the content on the My Little Yoni Site is infringing your rights or the rights of a third party, or in the event that you believe that any content on the My Little Yoni Site is unlawful in any way, please notify us at arin@mylittleyoni.com and send US a notice requesting that the material be removed or that access to it be blocked. Any notification by a copyright owner or a person authorized to act on their behalf that fails to comply with the requirements of the Digital Millennium Copyright Act of 1998 (DMCA) shall not be considered sufficient notice and shall not be deemed to confer upon Us actual knowledge or facts or circumstances from which infringing materials or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you or with respect to Your Content, the DMCA permits you to provide Us with a counter-notice at hello@mylittleyoni.com. Please see the U.S. Library of Congress’s website regarding the DMCA for more details: http://www.copyright.gov/title17/92appb.html>
My Little Yoni LLC and its employees, officers and directors do not assume any duty to monitor the lawfulness of the content submitted to the Site from users, and assume no responsibility or liability which may arise from the publication of such content on the Site, including without limitation any claims for defamation, infringement of intellectual property rights or rights of publicity or likeness or obscenity.
Notwithstanding the foregoing, My Little Yoni LLC reserves the right to block or remove any content at any time from the Site for any reason.
DISCLAIMERS REGARDING CONTENT ON MY LITTLE YONI.COM SITE
The My Little Yoni Site includes content, opinions and information relating to health, wellness and fitness. My Little Yoni.com and its contributors are not licensed medical care providers, and are not rendering personal medical advise or treatment when contributing content to the Site. The content on the My Little Yoni Site is not in any way meant to be a substitute for medical advice from your doctor or other health care providers, and My Little Yoni LLC makes no warranties, express or implied, as to the completeness, accuracy or appropriateness for any purpose or the treatment of any condition, of any content or information contained or accessible through the My Little Yoni Site. My Little Yoni strongly encourages you to consult with your doctor or health care provider with any questions or concerns you may have regarding your health or regarding any information you find on the My Little Yoni Site.
My Little Yoni LLC is not responsible for, and does not necessarily hold the opinions expressed by those contributing content to the Site. Opinions and other statements expressed by contributors to the Site are theirs alone. My Little Yoni undertakes no obligation nor liability relating to any such content on the Site.
My Little Yoni and its affiliates, employees and their assigns assume no responsibility nor liability which may arise from any Site content, including but not limited to claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation.
Notwithstanding the foregoing, My Little Yoni LLC reserves the right to block or remove any content at any time from the Site for any reason.
MY LITTLE YONI.COM PRIVACY POLICY
My Little Yoni LLC is committed to keeping confidential and secure any of your personal information that is collected when visiting the My Little Yoni.com website. This includes information that you may provide voluntarily, including your name, address, email address, billing information, credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested. This also includes information automatically collected when visiting the Site, which may include cookies, third party tracking technologies and server logs. It is the intent of My Little Yoni to use Your personal information only for the purpose for which it was requested and any additional uses specifically provided on the My Little Yoni Site. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service. My Little Yoni may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. My Little Yoni may use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from My Little Yoni and our partners. My Little Yoni may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required by law or in an effort to comply with any process which may be served upon My Little Yoni, or to preserve My Little Yoni’s rights or property, or to safeguard the personal safety of others.
SECURITY
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
YOU DEALINGS WITH THIRD PARTIES
The Services may contain links to third party websites, enable you to log in to the Services via various online third-party services, or display advertisements and promotional material of goods and services offered by third parties (“Third Party Services”). By linking or otherwise displaying information from or providing access to any Third Party Services, MY LITTLE YONI LLC gives no representation, warranty, or endorsement, express or implied, regarding the legality, accuracy, quality, or authenticity of content, information, products or services provided by those Third Party Services. Further, the way Third Party Services (including social networking services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. Conduct any diligence you feel necessary before engaging online or offline with any of these third parties. MY LITTLE YONI LLC disclaims all responsibility or liability for any harm resulting from your use of Third Party Services, including harm relating to payment, delivery or performance of related goods or services, and you irrevocably waive any claim against MY LITTLE YONI LLC regarding the content, products or operation of any Third Party Services.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPLICITLY STATED HEREIN THE SERVICES AND ALL CONTENT OR INFORMATION CONTAINED ON THE SERVICES, INCLUDING TEXT, GRAPHICS, LINKS, AND INFORMATION PROVIDED ON THE SERVICES ABOUT THE PRODUCTS SHOWN FOR SALE, AS WELL AS THE PRODUCTS THAT ARE PURCHASED FROM THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, MY LITTLE YONI LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MY LITTLE YONI LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT ACCESSIBLE VIA THIS SERVICES IS ACCURATE, TIMELY, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE SERVICES OR CONTENT.
In addition, User Content, including advice, statements, or other information is not produced by MY LITTLE YONI LLC, and should not be relied on without independent verification. User Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User Content originated.
To the fullest extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements, (iii) product descriptions, photographs, videos or other product related content on the Services are accurate, complete, reliable, current, or error-free or (iv) errors will be corrected. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
SOME JURISDICTIONS (SUCH AS NEW JERSEY) MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND CONDITIONS IN SOME CASES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MY LITTLE YONI LLC ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY SERVICES ACCESSED VIA THE SERVICES; AND/OR (F) DAMAGES RELATING TO ANY UNAUTHORIZED ACCESS TO OR USE OF MY LITTLE YONI LLC’S SYSTEMS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED ON THOSE SYSTEMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MY LITTLE YONI LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
EXCEPT AS PROVIDED IN THE ARBITRATION SECTION OF THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE MY LITTLE YONI LLC ENTITIES, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS (US $500.00) OR THE AMOUNT YOU PAID US IN CONNECTION WITH YOUR USE OF THE APPLICABLE SERVICE(S) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
To the fullest extent permitted by applicable law, you acknowledge and agree that we offer the Services and any goods and services offered on the Services in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU ALSO WAIVE ANY PROTECTION THAT MAY EXIST UNDER ANY COMPARABLE OR SIMILAR STATUTES OR PRINCIPLES OF COMMON LAW APPLICABLE IN JURISDICTIONS OTHER THAN CALIFORNIA.
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by MY LITTLE YONI LLC's own fraud, recklessness, gross negligence or willful misconduct.
INDEMNITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MY LITTLE YONI LLC ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, EXPENSES, TAX ASSESSMENTS, PENALTIES, INTEREST, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR CONNECTED WITH ANY CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING INSTITUTED BY AN INDIVIDUAL OR ENTITY THAT ARISES OUT OF OR RELATES TO:: (1) YOUR WRONGFUL OR IMPROPER USE OF THE SERVICES, ; (2) THE USER CONTENT YOU ACCESS THROUGH THE SERVICES OR (3) ANY VIOLATION BY YOU OF: (A) THE TERMS, INCLUDING ANY OF YOUR OBLIGATIONS SET FORTH IN THE TERMS; (B) MY LITTLE YONI LLC’S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SERVICES; (D) ANY RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS, OF ANY THIRD PARTY PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US HEREUNDER, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of MY LITTLE YONI LLC's own fraud, recklessness, gross negligence or willful misconduct.
TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate or suspend your account or right to use these Services, and to block or prevent future your access to and use of the Services for any reason or no reason.
GOVERNING LAW
These Terms and the relationship between you and MY LITTLE YONI LLC shall be governed by the laws of the State of California as if you signed these Terms in California. The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.
CONSENT TO ARBITRATE AND CLASS ACTION WAIVER
To the fullest extent permitted by applicable law, you and MY LITTLE YONI LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association (“AAA”). Please visit www.adr.org for more information about arbitration.
Nothing in the Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the federal, state, provincial or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail, or by Federal Express (signature required) or, only if the other party has not provided a current physical address, then by electronic mail (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MY LITTLE YONI LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MY LITTLE YONI LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, MY LITTLE YONI LLC will pay you the highest of: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by MY LITTLE YONI LLC in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.
Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, Los Angeles, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure), then the payment of all fees will be governed by the AAA rules. In that case, you will reimburse MY LITTLE YONI LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA rules. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You also acknowledge and understand that, with respect to any dispute between you and MY LITTLE YONI LLC, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship: (a) You are giving up your right to have a trial by jury; (b) You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and (c) any action or proceeding by you relating to such dispute must commence within one year after the cause of action accrues or it is forever barred.
If MY LITTLE YONI LLC changes this arbitration provision, you may reject the change by sending MY LITTLE YONI LLC written notice within 30 days of the change, in which case your account with MY LITTLE YONI LLC will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If all or any part of this arbitration section is found to be unenforceable, then the remaining provisions of these Terms will remain in effect under the “Severability” clause below, and the exclusive jurisdiction and venue described above will govern any action arising out of or related to the Agreement.
This agreement to arbitrate will not preclude you or MY LITTLE YONI LLC from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MY LITTLE YONI LLC from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of MY LITTLE YONI LLC's intellectual property rights.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Los Angeles, California, and you and we hereby submit to the personal jurisdiction and venue of these courts. In the event of any litigation or arbitration arising from or related to the Agreement, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation or arbitration.
If you are a resident of the European Union, then notwithstanding anything in these Terms to the contrary, if there is a dispute that you and MY LITTLE YONI LLC cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. In addition, nothing in these Terms limits your rights to bring an action against MY LITTLE YONI LLC in the local courts of your place of domicile. All disputes arising under the Terms between you and MY LITTLE YONI LLC will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.
INTERNATIONAL TERMS
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us (and that your information may be stored and processed in the United States), that if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you are not authorized to access or make use of the Services, and that you will follow all the local laws, rules and regulations that apply to you.
If you are a resident of the European Union or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier "to the fullest extent permitted by law" (and other qualifiers of similar effect) wherever it appears in the Terms shall be deemed deleted and have no force and effect.
MODIFICATION AND SERVICE MONITORING
MY LITTLE YONI LLC may amend the Terms at any time with notice that we deem to be reasonable under the circumstances (each a “Revised Version”) by (i) posting revised Terms via the Services, and/or (ii) notifying you of material changes, generally via email where practicable, and otherwise through the Services (such as through a notification on the MY LITTLE YONI LLC Sites or Apps). The Revised Version will be effective as of the time it is communicated, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any dispute between the parties that arose before the effective date of a Revised Version is governed by the Terms (including the binding individual arbitration clause) that was in place when the dispute arose.
Our Services change frequently and their form and functionality may change as we launch new products or features or make upgrades, patches or error corrections (“Updates”). We reserve the right to modify, suspend, discontinue or limit your access to or use of any part of the Services (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. The Agreement will apply to any and all Updates to the Services. We will have no liability because of any Update to the Services or any suspension or termination of your access to or use of the Services. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services, as well as any user's use of or access to Personal Data (as defined in the Privacy Policy), and profiles of other users.
EXCUSED NON-PERFORMANCE
MY LITTLE YONI LLC will not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement, for any failure or delay in fulfilling or performing any term of the Agreement when and if failure or delay is caused by or results from acts or circumstances beyond the reasonable control of MY LITTLE YONI LLC including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY AND WAIVER
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. No waiver by any party of any of the Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in the Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Agreement will operate or be construed as a waiver thereof, nor will any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or exercising any other right, remedy, power, or privilege. NOTHING IN THE AGREEMENT WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
COMMUNICATIONS
MY LITTLE YONI LLC may provide disclosures and notices regarding the Services, the Agreement, or your account to you electronically by posting it to one of the Sites, or by emailing it to an email address listed in your user account. Those electronic disclosures and notices will have the same meaning and effect as if you were provided with physical copies. Those disclosures and notices are considered received by you within 48 hours of the time posted or emailed to you unless MY LITTLE YONI LLC receives notice of non-delivery. Review the applicable Site or App regularly to review the prevailing disclosures and notices and check for updates. You will keep email address(es) valid and active and to monitor your email account(s). MY LITTLE YONI LLC will not be liable to you or any third party for any losses resulting from your failure to comply with the foregoing. To withdraw consent to receiving disclosures and notices electronically, contact hello@mylittleyoni.com.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you in those communications. You acknowledge that opting out of receiving communications may impact your use of the Services.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the user and MY LITTLE YONI LLC with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not transfer or assign your account or your obligations under the Agreement without MY LITTLE YONI LLC’s prior written consent. MY LITTLE YONI LLC may transfer or assign any or all part of its rights under the Agreement without restriction and and has the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
CERTAIN LEGAL MATTERS
These Terms of Use may be modified from time to time by Us through an update to these Terms of Use on the Site. If you no longer agree to any such modified Terms of Use, your sole recourse will be to cease your access to the Site. Each time you access the Site or contribute Your Content to the Site, you reaffirm your agreement with these Terms of Use.
These Terms of Use are effective as of April 23, 2019
