Welcome to the Little Passports website (the “Website”). We hope you will enjoy it!
PLEASE REVIEW THIS USER AGREEMENT CAREFULLY. The following terms govern your use of the Website.
The Website is owned and operated by Little Passports, Inc., (“Little Passports” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and Little Passports and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian. Unless otherwise stated, “Little Passports”, “we” or “our” refers to Little Passports, Inc. and its successors and assigns.
Users of any age may access the Website, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.
READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND MUST EXIT THE WEBSITE NOW.
UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THIS USER AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LITTLE PASSPORTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.
Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
We welcome feedback, comments and suggestions for improvements to our Website and services. You can submit feedback by emailing us email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the feedback you provide for any purpose.
PRODUCTS AND SUBSCRIPTIONS
Little Passports offers a variety of child-directed products for sale through its Website, including, but not limited to, products that include hands-on activities, collectibles, stickers, letters, activity books, experiment kits, comic books, and other materials (“Product” or “Products”). Customers may purchase Products either a la carte basis or on a subscription basis (“Subscription(s)”). Non-subscription, one-off Product purchases are one-time, non-recurring sales.
Little Passports delivers Subscriptions on a recurring basis through physical packages sent via the postal mail. Each Subscription includes a variety of Products and Product lines suitable for a range of ages and covering certain subject matters. For instance, the “Early Explorers” Subscription includes Products concerning world themes and is suitable for children from three to five years old; meanwhile, the “Science Junior” Subscription includes Products focusing on science, technology, engineering, and mathematics and is suitable for children from five to eight years old. For more information regarding billing for Subscriptions, please see the “PAYMENTS” section, below.
When you purchase a Little Passports Subscription or Product(s) through the Website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed before the shipping date for your Subscription package or Product(s) in order for Little Passports to process the shipment.
Any Subscription that you purchase will automatically renew on a recurring basis, the cadence of which will be communicated to you when you purchase the Subscription. Subscriptions renew at the same cadence you specify when you initially purchase the Subscription, unless you request a change after such purchase. For example, a 12-month Subscription will automatically renew for an additional 12-month term, which will begin once the initial Subscription term ends. Subscriptions will renew at the Subscription rate that is applicable to the Subscription line that is being renewed on the date upon which the renewal is processed (plus any applicable sales tax and/or shipping fees). By way of illustration, if you purchase a 12-month Subscription, your Subscription will renew to an additional 12-month Subscription term at the rate for that additional Subscription at the time of the renewal is processed; this price may be different than the rate that applied during the initial Subscription term. You may elect to cancel a Subscription or not renew a Subscription at your discretion.
Payments for Subscriptions will continue until you elect to cancel the Subscription. If for any reason your Subscription has fewer packages remaining than the renewal term, you will be charged a prorated amount for the remaining packages.
You may elect to cancel your Subscription at any time by logging into My Account and cancelling the Subscription or by emailing Little Passports Customer Care Team at firstname.lastname@example.org. Cancellation must occur at least 2 days prior to your next billing date, which can be found in your My Account under Manage Subscriptions or by emailing Little Passports’ Customer Care Team at email@example.com. Any packages paid for prior to cancelling, be it from your initial or a renewal term, will continue to be delivered.
In order to continue your Subscription or complete a Product sale, you authorize Little Passports to charge your Payment Method for the payment due. Little Passports reserves the right to change the timing of its billing in its discretion including but not limited to, the following if your Payment Method has not successfully settled; if there are unforeseen delays that hinder Little Passport’s ability to ship to you; or if there are changes to your account or Subscriptions. Please note that you may request to switch from one Subscription line (Early Explorers, World Edition, USA Edition, Science Junior and Science Expeditions) to another if this is offered as per of the functionality associated with your Subscription. In addition, your Subscription to a particular Subscription line may automatically progress to next Subscription line as a convenience to you in the event you have received all available Products under a Subscription. If your Subscription is automatically switched from your current Subscription line (an “Updated Subscription”) to another Subscription you will be notified via email. You may decline an Updated Subscription by contacting us at firstname.lastname@example.org.
Little Passports reserves the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). Little Passports may update your Payment Method with information provided by the applicable payment service provider(s), and you authorize Little Passports and its payment service provider(s) to continue to charge amounts due to the updated Payment Method. Little Passports may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Little Passports that your Payment Method is no longer valid.
Little Passports does not accept returns of its monthly Subscription packages or Products if you change your mind. However, if a Subscription package or Product you received was damaged or incomplete, please email Little Passports Customer Care Team at email@example.com for resolution. Resolution may include shipment of a replacement Subscription package or Product, an extension of your Subscription or similar corrective actions. To the extent permitted by law, Little Passports may, in its sole discretion, choose which resolution method to use.
LINKS TO OTHER WEBSITES
The Website may include links to other websites owned and/or operated by Little Passports. Such sites are not part of the Website, and each has its own user agreement that you must agree to in order to use that website.
The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of Little Passports and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website may have its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites linked from our website. Little Passports takes no responsibility for your use of any such third party websites and shall not have any liability for events arising from your use of such websites. LITTLE PASSPORTS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE LITTLE PASSPORTS WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THE WEBSITE.
REGISTRATION AND YOUR USERNAME AND PASSWORD
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.
We will use your username and password to identify your account when you return to our Website. If you forget your username or password you may not be able to access your account and/or certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur on your account or using the Website when a user is logged into the Website under your username and password. You agree to: (i) immediately notify Little Passports of any unauthorized use of your account, your username and password, or any other breach of security; and (ii) ensure that you log out of the Website at the end of each session. Little Passports will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users.
We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination because of inactivity under that account, fraudulent activity under that account, or any other reason we deem appropriate in our sole discretion. If you have any questions about your access to the Website, please contact us at firstname.lastname@example.org.
You acknowledge and agree that all communications and documents between you and Little Passports with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Little Passports shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to our customers or Website users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
OWNERSHIP OF INTELLECTUAL PROPERTY
All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Little Passports Materials”) are the intellectual property of Little Passports, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any Little Passports Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use. Any attempts to otherwise access or display the Little Passports Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Little Passports Materials, in whole or in part. You may not make any modifications to any Little Passports Materials other than as expressly permitted by us or the applicable Licensor.
For the purposes of this User Agreement, “User Content” means text, graphics, images, works of authorship of any kind, and information or other materials that you provide or otherwise make available through the Website. Little Passports does not claim any ownership rights in any User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through the Website, you hereby grant to Little Passports a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and Little Passports Materials to you and to other users and account holders.
Notwithstanding the above, you are responsible for all User Content posted by you, and Little Passports does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. Little Passports does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Little Passports retains the right, but has no obligation, to review, edit or delete any User Content that Little Passports deems to be illegal, offensive, or otherwise inappropriate.
CONTESTS AND PROMOTIONS
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you may be required to agree to the posted rules and regulations applicable to such contest or promotion.
REFER-A-FRIEND TERMS AND CONDITIONS
- Qualified Referral. A “Qualified Referral” is defined as the completed purchase of a Little Passports 6- or 12-month Subscription oncom by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program linkreceived via email. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). You cannot refer yourself to earn referral rewards and purchases made by Referred Customers who share your email address, billing address or shipping information will not qualify for a referral reward.
- Referral Rewards. Subject to these Terms & Conditions, once a Qualified Referral occurs, you will receive via email a single-use, promotional $25 coupon code that may be used towards the purchase of Little Passports Subscriptions or Product(s) on littlepassports.com. This coupon code can be applied during the checkout process on littlepassports.com.
Coupon Code Limitations. Promotional coupon codes cannot be combined with any other offer and may not be redeemed for cash or any cash equivalent, including but not limited to gift cards, certificates, or refunds. If the coupon code is used on an order of lesser dollar value than the coupon, you will forfeit any remaining balance.
As a Referrer, you are responsible for any and all tax liability resulting from referral rewards received.
The coupon code for the Referrer will expire 3 months after it is sent via email. The coupon code for the Referred Customer will expire 1 month after it is sent via email.
- Eligibility is limited to individuals only. Little Passports’s Program cannot be used by businesses for affiliate lead generation as determined in Little Passports’s sole discretion.
- No Spam or Posting on Coupon Sites. You may not post or promote your referral link on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by Little Passports in its sole discretion. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Little Passports’s Refer-a-Friend program.
- Right to Close Accounts. Little Passports reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Little Passports’s Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Little Passports reserves the right to cancel the Program or to change these Terms & Conditions at any time in its sole discretion. If Little Passports cancels the Program, any unclaimed referral rewards will be forfeited at that time.
RESTRICTIONS ON USE
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for your User Content. Users of the Website must not: (a) use the Website in such a way as to offend or interfere with the use by anyone else of the Website; (b) sell, trade or barter any items through the Website; (c) upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds, goods, or services; or (viii) are treated as confidential under any contract or policy; (d) reveal personal information to other users online; attempt to circumvent the security systems of the Website; (e) attempt to gain access to or use the Website in a fraudulent manner; (f) attempt to gain access to any other user’s accounts; (g) attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; (h) attempt to harvest or otherwise collect information about other users without their consent; (i) attempt to use the Website for any purposes other than the purposes intended by Little Passports; (j) or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Little Passports Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Little Passports or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Little Passports or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Little Passports respects copyright law and expects its users to do the same. It is Little Passports’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Little Passports’ Copyright Policy for further information.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH LITTLE PASSPORTS’ CUSTOMER SERVICE DEPARTMENT OR A LITTLE PASSPORTS REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT (I) THE WEBSITE AND/OR THE LITTLE PASSPORTS MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE WEBSITE OR THE LITTLE PASSPORTS MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE WEBSITE AND THE LITTLE PASSPORTS MATERIALS OR IN THE WEBSITE OR THE LITTLE PASSPORTS MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE LITTLE PASSPORTS MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LITTLE PASSPORTS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE LITTLE PASSPORTS MATERIALS, EVEN IF LITTLE PASSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, LITTLE PASSPORTS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. TO THE EXTENT NOT PROHIBITED BY LAW, LITTLE PASSPORTS’ TOTAL CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED US $100.00.
By accepting this User Agreement and using the Website, you agree to indemnify, defend and otherwise hold harmless Little Passports and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the Little Passports Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the Little Passports Materials, or iii) any other matter relating to the Website and/or the Little Passports Materials. Any communications or transactions which may arise between users from their use of the Website and/or the Little Passports Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such communications or transactions.
This User Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions.
The Website is offered by Little Passports from the United States of America. We make no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You and Little Passports agree that any dispute, claim or controversy arising out of or relating to this User Agreement or the breach, termination, enforcement, interpretation or validity thereof, including disputes related to the interpretation, enforceability or formation of this “Dispute Resolution” section, or the use of the Website or Little Passports Materials, products or services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Little Passports with written notice of your desire to do so by email at email@example.com or regular mail at 27 Maiden Lane, Suite 400, San Francisco, CA, 94108 within thirty (30) days following the date you first agree to this User Agreement (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Little Passports with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Little Passports with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Little Passports with an Arbitration Opt-out Notice, you acknowledge and agree that you and Little Passports are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Little Passports otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this User Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Little Passports otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Little Passports submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Little Passports will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules, but if you are unable to pay any of them, Little Passports will pay them for you. In addition, if your claim for damages does not exceed $75,000, Little Passports will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Amendments” section above, if Little Passports changes this “Dispute Resolution” section after the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement), you may reject any such change by sending us written notice (including by email to www.Little Passports.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Little Passports’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Little Passports in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement).
Little Passport’s failure to enforce any right or provision of this User Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Little Passports. Except as expressly set forth in this User Agreement, the exercise by either party of any of its remedies under this User Agreement will be without prejudice to its other remedies under this User Agreement or otherwise.
If you have any questions about this User Agreement or our services, please contact Little Passports by mail or email:
Little Passports, Inc.
27 Maiden Lane, Suite 400
San Francisco, CA 94108
The following clauses shall apply to customers located in Australia, instead of the clauses appearing above.
CANCELLING YOUR SUBSCRIPTION
Customers located in Australia can cancel a Subscription by emailing Little Passports’ Customer Care Team at firstname.lastname@example.org. The cancellation of your Subscription will become effective two months from the date of your email.
Customers located in Australia can contact Little Passports at email@example.com if you have a query or complaint about our services and we will endeavor to resolve your complaint as soon as possible. Other than where you or we seek urgent relief, we shall first seek to resolve any Dispute by negotiation.
Any Disputes between us shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which have jurisdiction to hear appeals from any of those courts.
Effective Date: March 2, 2021