Terms of Use

Access Brands, LLC (“Access Brands”) owns, operates and manages this web site and certain other digital properties (the “Site”).  Access Brands is the commercial entity for Little Yawn Collective, LLC.  The Site is designed to provide a convenient, personal, private and informative shopping experience for consumers looking to purchase products related to infant products.  You can access the Site 24 hours a day, 7 days a week.  Our online stores offer a larger selection of products than most store-based retailers, along with health-related information and other tools designed to help consumers make educated purchasing decisions.  Access Brands and our subsidiaries, affiliates, fulfillment and other partners (“we,” “us,” “our”) want our visitors to the Site (“you”) to have a safe, enjoyable visit, so we have established the following terms of use so that both you and we know what to expect from each other.  By using the Site you agree to be bound by the terms set forth herein.  We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site from time to time whenever we deem appropriate.  We encourage you to review the Site and these terms periodically for any updates or changes.  Your continued access or use of the Site shall be deemed your acceptance of any changes and the reasonable acceptance of these standards for notice of changes.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE (“TERMS OF USE”) CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Privacy

At Access Brands, we respect your privacy and act in accordance with relevant state and federal law.  Please review our privacy policy which can be found by accessing the following link: Privacy Policy.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Site.  You consent that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Account Obligations

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that said information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.  Account Information and certain other information about you are subject to our Privacy Policy.

You will receive a password and account designation (the e-mail address you enter) when you have completed the Account Information.  You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account.  You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Access Brands sells products for children, but it sells them to adults, who can purchase with a credit card or other payment method that Access Brands deems acceptable from time to time.  If you are under 18, you may use the Site only with the involvement of a parent or guardian.   

Your Conduct

Any conduct by you that (in our sole discretion) restricts or inhibits any other Site user from using or enjoying the Site will not be permitted.  You agree to use the Site only for lawful purposes.  While Access Brands welcomes your reviews, comments and other communications, you are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, infringing, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

In addition to all other rights available to Access Brands including those set forth in these Terms of Use, Access Brands reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders to the maximum extent permitted by applicable law.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.  Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.  In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

License and Access

Subject to your compliance with these Terms of Use, and your payment of any applicable fees, Access Brands or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any Access Brands service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Access Brands service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Access Brands or its licensors, suppliers, publishers, rightsholders, or other content providers. No Access Brands service, nor any part of any Access Brands service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Access Brands. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Access Brands or its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Access Brands’ name or trademarks without the express written consent of Access Brands. You may not misuse any Access Brands services. You may use the Access Brands services only as permitted by law. The licenses granted by Access Brands terminate if you do not comply with these Terms of Use.

Risk of Loss

All items purchased from Access Brands are made pursuant to a shipment/delivery contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Color/Product Description

We have made every effort to display as accurately as possible the colors of our products that appear on the Site.  However, as the actual colors you see will depend on your display, we cannot guarantee that your display of any color will be accurate.  We have also attempted to be as accurate as possible in our descriptions of products.  However, we do not guarantee that the product descriptions are accurate, complete, reliable, current, or error-free.  If a product offered by the Site is not as described, your remedies are to return it in unused condition or contact customer service for further resolution at (855) 461-2272.

Pricing

Except where noted otherwise, the List Price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparable item offered elsewhere.  The List Price is a comparative price estimate and may or may not represent the prevailing price in every area at any particular time on any particular day.  For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer's estimated and/or suggested retail price for each of the items included in the set.

Despite our best efforts, a small amount of the items in our catalog may be mispriced.  If an item's correct price is different than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order.  Prices and promotions are subject to change without notice.

Returns and Refunds

Our goal is to make sure customers are completely satisfied with their purchases. We will gladly accept returns providing that goods are returned in their original packaging, in salable condition within 30 days from the date of the invoice. We cannot accept returns where the item has been opened or used unless it is damaged or defective. We also reserve the right to refuse refunds on personal use products for any reason.

We offer free returns within the 30-day return period.

Your refund or credit will be issued within 30 days of your return being received—we will also confirm the refund by email.

For any product that is damaged, defective, or missing, please have the following information handy and emailed to our customer support email help@littleyawncollective.com:

  • Order number;
  • Identify whether the product is damaged, defective or missing; and
  • Your preference for a refund or replacement

Return Instructions:

To Initiate a return please contact us through live chat or via email at help@littleyawncollective.com for a return authorization. Please make sure your email includes the following:

  • Order Number
  • Item(s) being returned
  • Reason for Return

Our live chat hours are Monday to Friday from 9AM - 5PM EST. Our Customer Care representatives are also available via telephone from 8:00AM-8:00PM EST, Monday to Friday. You can reach us toll-free at (878) 378-9269.

Disclaimer of Warranties and Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS OF $1,000.00 FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold Access Brands and our subsidiaries, affiliates, managers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your violation of the Terms of Use, or your violation of any rights of another.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ACCESS BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCESS BRANDS DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM ACCESS BRANDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ACCESS BRANDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ACCESS BRANDS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our Rights

We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants.  We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products.  In addition, we reserve the right to limit quantities of items purchased by each customer.  We also reserve the right to cancel any order or part of any order, or refuse service to anyone for any reason.  Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error.  We reserve the right to charge fees or extra shipping charges for any product that is backordered.  We also reserve the right to change the terms of any offer or promotion at any time without notice.  The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods.  We cannot confirm the price of an item until you order. Payment is taken immediately at time of purchase.  Despite our best efforts, a small number of items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.  The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Links to Third Party Sites

We may make available a link to a third party's website.  These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.  We are not responsible for webcasting or any other form of transmission received from any linked site.  We provide the links to you only as a convenience.  We do not endorse any such other sites or their uses or contents.

Submissions

We are pleased to hear feedback from our customers and welcome your comments regarding our products and the Site.  You may post or submit reviews of products or services, comments, pictures, suggestions, or other material (“Submissions”) as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law).  While you may omit your real name or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission.  We reserve the right (but not the obligation) to monitor, edit and remove any Submission but may not regularly review posted Submissions.

By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.  You also grant us the right to use the name you post in connection with such Submission.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the Content in your Submission, that the Content you provide is accurate, and that use of the Content in your Submission does not violate this policy and will not cause injury to any person or entity.  You agree to indemnify us against all claims and liabilities resulting from your Submission.  We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

Applicable Law

We control the Site from our offices within the United States of America.  We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  You may not use or export the Content in violation of U.S. export laws and regulations.  By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to its conflict of laws principles that would apply the laws of any other jurisdiction, will govern these Terms of Use and any dispute of any kind that may arise between you and Access Brands.

Disputes

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Access Brands through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration laws apply to these Terms of Use.

There is no judge or jury in arbitration and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 80 State Street, Albany, New York 12207. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees, which shall not include your attorneys’ fees, for claims totaling less than $10,000 (US Dollars) unless the arbitrator determines the claims are frivolous. For claims over $10,000 (US Dollars), you will be responsible for all such fees.  Likewise, Access Brands will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Termination

These terms are effective until terminated by either party.  If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site.  Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice.  You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site.  Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Coupons & Promotions

Throughout the year we may offer various promotions, discounts and coupons, both product and/or shipping-cost related.

Customer Service may or may not be able to apply a discount after you have checked out.

If your order also contains one or more ineligible items, you will be charged shipping fees for those ineligible items.

Canceling items, combining orders, or changing your shipping address, speed, or preference might affect your order's eligibility for a promotional offer.

Shipping promotions apply to U.S. delivery addresses in the 50 states only, excluding international military bases and U.S. territories.

Some special product, order, or handling fees may still apply.

We reserve the right to change or discontinue a promotion at any time.

Member Discounts

Sign up for our email newsletters to receive weekly and monthly sales alerts.  We also offer special discount coupons.  You can create an account on the Site.

Sanctions and Export Policy

You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Site.  You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.

Payment Choices

We currently accept Visa, MasterCard, American Express, Discover Card, and PayPal, each of which may be removed at any time at our sole discretion.

CREDIT CARD PAYMENTS: When paying by credit card you will be asked to specify your payment type and enter your credit card information during the “Check Out” process.  You must enter the proper billing name and address for your credit card, plus your CVV code, in order for us to process your order.  If you are shipping to an address other than your billing address, you may have to approve that shipping address with your credit card company in order for us to be authorized to ship to a different address than the billing address for your credit card.  Non US credit cards will require additional address and security verification information in order for us to process your order.

Ways to Shop

ORDERING ON-LINE: Shopping online at the Site is completely safe and private.  We use Netscape's Secure Socket Layer (SSL) technology to encrypt the information you send us when you place your order.  The information is encrypted on your computer, transmitted through the Internet as encrypted code, and decoded on the Site’s secure server. It cannot be deciphered while in transit.

SHOPPING CART PROCESS: When you have found a product you would like to purchase, click on the “Add to Cart” button.  The “Add to Cart” button can be found on any product detailed page.  If you would like to continue shopping after adding the product to your cart, select the “Continue Shopping” button.  When you have selected all items you wish to purchase, choose the “Check Out” button, to complete your purchase.  If you have a coupon, code or gift certificate, enter the code in the “Coupon Code” box located in the shopping cart and hit the “Apply” button to ensure that it is applied to the order.

PAYMENT: We have a number of convenient payment choices available.

ORDER BY PHONE: Call us at (878) 378-9269. If you know the items you would like to purchase, please have the item numbers handy, and we will be happy to assist you.

SALES TAX: Items may be subject to states sales tax depending on your shipping address.

SMS/MMS Mobile Message Marketing Program Terms & Conditions

Access Brands (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

USER OPT IN: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 


USER OPT OUT:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

DUTY TO NOTIFY AND INDEMNIFY: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

PROGRAM DESCRIPTION: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

COST AND FREQUENCY: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@littleyawncollective.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS DISCLOSURE: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

OUR DISCLAIMER OF WARRANTY:The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

PARTICIPANT REQUIREMENTS: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

AGE RESTRICTION: You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

PROHIBITED CONTENT: You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

DISPUTE RESOLUTION: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York City, New York before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Access Brand's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

MISCELLANEOUS: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Copyright

All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Access Brands (or one of its affiliates) or its content suppliers and protected by United States and international copyright laws.  The compilation of all Content on the Site is the exclusive property of Access Brands and protected by U.S. and international copyright laws.  All software used on the Site is the property of Access Brands or its software suppliers and protected by United States and international copyright laws.

Trademarks

Access Brands graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Access Brands in the U.S. and/or other countries.  Access Brands trademarks and trade dress may not be used in connection with any product or service that is not Access Brands, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Access Brands.  All other trademarks not owned by Access Brands that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Access Brands.

Copyright/Trademark Complaints

We respect the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copy.  Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

By mail:

Customer Service

Access Brands, LLC.

1516 Motor Pkwy

Islandia, NY 11749

By phone (toll free): (878) 378-9269

By email: help@littleyawncollective.com

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