Terms Of Use

LiTL, LLC (“litl”, “we” us”) provides services (defined below) to you via your litl webbook™ and our website located at litl.com (the “Website”)

Please read these Terms carefully. If you shop on our Website or use any litl Services available through our Website or use of your litl webbook you agree to comply with and be bound by these Terms of Use (the “Terms”). If you do not agree to all of the Terms then do not use the Services.

DEFINITIONS

"Services" means the services we offer through the Website and through use of the litl webbook, and any other feature, content or application offered from time to time by litl in connection with the Website, subject to the Terms

“User" means an owner of a litl webbook.

“Device Information" means the information about the User and the User preferences including but not limited to cards, passwords, and browsing history.

“litl webbook" means the litl hardware product distributed by litl that you use to access the Services.

"Content" means any work of authorship, including, without limitation, postings, messages, text, files, images, photos, video, sounds, or other materials posted, uploaded, input, submitted on or transmitted through the Services.

TERM AND TERMINATION

These Terms will remain in effect while you use the Services or are a webbook User. litl may terminate the Services if (i) you are in breach of these Terms; (ii) litl decides in it sole discretion to stop providing the applicable Services. You understand that any termination of these Terms and Services involves deletion of your Device Information including your preferences such as cards, passwords, and browsing history. litl will not have any liability whatsoever to you for any termination of Service or related deletion of your Device Information. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and litl have under these Terms or which are expressed to continue indefinitely, will be unaffected by the expiration or termination of these Terms, and shall continue to apply indefinitely.

THIRD PARTY SITES AND CONTENT

The Services may contain links to third party websites (“Linked Sites”) and third party content (“Third Party Content”). The Linked Sites are not under our control and we are not responsible for the Third Party Content accessed through use of the Services or the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Websites. litl accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Websites, or websites linking to the Website. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by litl of the site or any association with its operators. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Services in any manner, which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You agree and understand that you are responsible for all activities arising from use of your webbook to access the Services. If you become aware of any unauthorized use of your webbook to access Services, you agree to notify us immediately at privacy@litl.com.

USE OF COMMUNICATION SERVICES

The Services may contain bulletin board services, chat areas, linking features, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Advertise or offer to sell or buy any goods or services for any business purpose;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in this manner;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights such software or materials or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• Violate any applicable laws or regulations.

litl has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. litl does not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Users are not authorized to speak on behalf of litl.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO LITL OR POSTED TO ANY LITL SERVICE

litl does not claim ownership of the materials you provide to us or post, upload, input or submit to the Service (collectively “User Content”). However, by posting, uploading, inputting, providing or submitting your User Content you are granting us an unrestricted non-exclusive, fully-paid and royalty free perpetual license to use your User Content in connection with the operation of our business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify,translate and reformat your User Content; none of which will reveal your name in connection with your User Content unless you, the individual user, agree to permit such in a separate agreement with LITL . You acknowledge and agree that litl may create Content that is similar to the Content that you have created, or based on your Content

No compensation will be paid for the use of your User Content, as described in these Terms. We are under no obligation to post or use any User Content you may provide and may remove any User Content at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. You should only upload, provide or make available User Content to the Services that you are comfortable sharing with others under the terms and conditions of these Terms.

TERMS OF SALE

To order from the litl Store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. If you are under 18, you may order from the litl Store and use the Services only with involvement of a parent or guardian. litl reserves the right to refuse service, remove or edit content, or cancel orders in their sole discretion. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you are eighteen (18) years of age or older; and (c) your use of the Services does not violate any applicable law or regulation.

Fees and Charges

You agree to pay all fees and charges incurred in connection with your orders through the litl Store (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. litl may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify litl's acceptance of your order, nor does it constitute confirmation of our offer to sell. litl reserves the right at any time after receipt of your order to accept or decline your order for any reason. litl further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by litl upon our delivery of the items that you have ordered. We may require additional verifications or information before accepting any order.

Risk of Loss

All items purchased from litl 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.

LIABILITY DISCLAIMER

litl is not responsible for any incorrect or inaccurate Content posted on or made available through the Services by anyone else, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. litl assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including, without limitation, any injury or damage to visitors to our Website and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances will we be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Services or from any Content posted on the Services or transmitted to Registered Users, or any interactions between Users of the Services, whether online or offline.

THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. LITL EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LITL MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

Please see litl's Limited Warranty for the limited warranty for your litl webbook.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LITL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LITL SERVICE, WITH THE DELAY OR INABILITY TO USE THE LITL SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE LITL SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LITL (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LITL SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LITL SERVICE.

PRIVACY AND PERSONAL INFORMATION

For information about litl’s data protection practices, please read our privacy policy at litl.com/everything-else/privacy.htm. This policy explains how we treat your personal information, and protect your privacy, when you use the Services. You agree to the use of your data in accordance with litl’s privacy policies.

ADVERTISEMENT

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. You acknowledge and agree that we may display advertisements from time to time. These advertisements may be targeted to the content of information viewable through use of the Services. The manner, mode and extent of advertising through the Services are subject to change without specific notice to you.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the LITL Service are: Copyright 2009 by LITL and/or its suppliers. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are the property of litl or other third parties. You are not permitted to use these Marks without the prior written consent of litl or such third party which may own the Mark.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notifications of claimed copyright infringement under United States copyright law should be sent to lit’s designated Service Contact. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.

SERVICE CONTACT:
Kristin Carroll
33 Exeter Street
Boston, MA 02116
privacy@litl.com

MODIFICATION OF These Terms OF USE

We reserve the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the right to charge for use of the Service. Currently the Services are offered free of charge.

You may not use the Services and may not accept the terms of these Terms if you are a person barred from using services that litl provides under the laws of any country in which you are resident or from which you use the Services.

We reserve the right to disclose aggregated information to the larger public or media or more specific data that you separately and specifically agree that we can share, without infringing upon the users confidentiality.

TERMINATION/ACCESS RESTRICTION

litl reserves the right, in our sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Services and any related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the Commonwealth of Massachusetts, and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Massachusetts in all disputes arising out of or relating to the use of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and litl as a result of these Terms or use of the Services.

Litl’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms prohibits us from complying with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. 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. It is the express wish of the parties that these Terms and all related documents be drawn up in English and the English language meaning of the Terms will govern your relationship with litl.

GENERAL LEGAL TERMS

Entire Agreement

The Terms of Use constitute the whole legal agreement between you and litl and govern your use of the Services (but excluding any services or software which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.

Notices

You agree that we may provide you with notices, including those regarding changes to the terms of these Terms, by email, regular mail, or postings on the Services.

No Waivers

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Invalid Terms

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Indemnity

You agree to defend, indemnify, and hold litl, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Content, out of your use of the Services in violation of these Terms, and/or arising from your breach of any provision of these Terms.

Export Controls

Content available in connection with the Services and items available through the litl Store are subject to United States export controls. No Content from the Services and no litl Store items may be shipped, or otherwise exported or re-exported in violation of U.S. export laws. By using the Services or by ordering from the litl, you represent and warrant that such download, ordering, or use is not in violation of any such law.