These Terms govern Your use of the Services and constitute a binding agreement between You and Little Luxe List ™, and are deemed accepted by You and Little Luxe List ™. Your access to or use of the Services indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Services. Little Luxe List ™ reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Website. You should visit this page periodically to review the most current Terms, because they are binding on You. By continuing to access or use the Services after updated terms have been posted, You agree to be bound by the updated Terms. The Little Luxe List ™ Products may have additional terms and conditions that apply. Please verify the terms on our affiliate partner's site when making purchases offsite.
“Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Little Luxe List ™.
“Little Luxe List ™ Products” means and refers to any products, including without limitation products manufactured by third parties, purchased from Baby List through the Website, any mobile application or otherwise. This does not refer to items purchase through Little Luxe List ™ on an affiliate website.
“Post or Provide” (or any derivative thereof) means to upload, post, transmit, share, store, submit, link to or otherwise make available on the Website.
“We,” “Us,” and “Our” mean and refer to Little Luxe List ™ and its parents, subsidiaries or affiliates.
“Website” means any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Little Luxe List ™'s control, whether partial or otherwise. This includes, but is not limited to, www.LittleLuxeList ™.com, any subpages, and the website from which these Terms were accessed from. This also includes the Content.
“You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Website or the Services for any reason.
Eligibility and Account
If You are accepting these Terms on behalf of a company or other legal entity, You have the authority to bind that company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You must be 18 years of age or older and have a valid credit card to purchase any Little Luxe List ™ Products on Our Website or to create an account on Our Website. If you are under the age of 18, you agree and warrant that you have Your parent or legal guardian’s consent to access Our Website. Please verify the terms on our affiliate partner's site.
Some Services require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, and (iii) You accept responsibility for all activities that occur under Your account or password. You hereby represent that all registration information You submit is accurate, current and complete and that You are solely responsible for the accuracy of such information. You agree to update Your account information to keep it current and accurate.
You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details.
Little Luxe List ™ reserves the right to accept or refuse Your application for an account (in our absolute and sole discretion).
You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Services in a manner that Little Luxe List ™ deems, in its sole discretion, objectionable.
You agree that You will access the Services only through the interfaces provided.
You agree not to do any of the following:
attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Website or any software, network or servers used to provide the Services, or to damage our Website, services or other property in any way;
attempt to breach any security or authentication measures of the Website or the Services;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Little Luxe List ™ or any other third party to protect the Services or the Content;
use the Services, Your account, or communications with other Users for any commercial purpose or solicitation;
interfere or attempt to interfere with other Users’ use of the Services;
impersonate or misrepresent Your affiliation with any person;
violate any applicable law of regulation;
defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User or employee, staff or agent of Little Luxe List ™;
do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Services;
use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner;
send spam or any other unauthorized advertisements or solicitations through or using the Services;
attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of Users without consent from such Users and Little Luxe List ™;
solicit personal information (including social security numbers, credit card numbers and passwords) from Users;
provide any false personal information in Your account, create more than one account, transfer Your account or create an account for anyone other than Yourself;
offer any contest, sweepstakes, coupon or other promotion through Little Luxe List ™;
do anything that is illegal, infringing, fraudulent, malicious or could expose Little Luxe List ™ or Users to harm or liability;
refer a friend by providing such friend’s e-mail address to Us, unless such friend is at least 18-years old;
allow a child under the age of 18 to provide any personal information in such child’s User Content (as defined below);
attempt, encourage or facilitate any of the above.
Little Luxe List ™ will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Little Luxe List ™ may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Little Luxe List ™ has no obligation to monitor Your access to or use of the Services or the Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Purchases of Little Luxe List ™ Products on Website
Customers who purchase Little Luxe List ™ Products through the Website must be over the age of 18 with a valid credit card accepted by Little Luxe List ™ or other permitted payment method accepted by Little Luxe List ™ or its affiliates. All purchases made via Little Luxe List ™ are all off site purchases and are eligible to the affilate site's terms and conditions. Please read over those carefully when placing an order.
Availability: We cannot guarantee availability of Little Luxe List ™ Products, even if We show that a particular Little Luxe List ™ Product is available online or in stores. We may not have all Little Luxe List ™ Products available online or in stores and We may discontinue products at any time.
Pricing: Prices for Little Luxe List ™ Products may change at any time and Little Luxe List ™ does not provide price protection or refunds in the event of a price reduction or promotional offering on off site purchases. Little Luxe List ™ reserves the right to cancel an order for a Little Luxe List ™ Product in the event of a typographical or other error in the price listed for the Little Luxe List ™ Product. The price of a Little Luxe List ™ Product generally does not include delivery charges. Taxes will be charged on Little Luxe List ™ Products purchased when taxes are applicable. The list price displayed for any Little Luxe List ™ Product generally does not include delivery charges or sales or other taxes unless specifically noted.
Delivery: Little Luxe List ™ is not responsible for the Little Luxe List ™ Products that You purchase to the place of delivery designated by You on our affilaite partner's site. All purchases are made off site where their terms and conditions are applicable.
Refunds and Exchanges: Any refunds or exchange of Little Luxe List ™ Products are subject to the restrictions and requirements set forth in the off site’s refunds and exchange policy that is either included with Your Little Luxe List ™ Product at the time of purchase or posted on the affilalte Website.
Transactions: We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in Our sole discretion, appear to be placed by dealers, resellers, or distributors. All transactions made off site is based on their terms and conditions.
Risk of Loss:All items purchased from Little Luxe List ™ are made pursuant to a shipment contract. This means that title and the risk of loss for such items pass to You upon Our delivery to the carrier.
Warranty Information: Warranty information for Little Luxe List ™ Products can be found in the warranty provided by the third-party manufacturer, if any, included with Your Little Luxe List ™ Product.
Payment Card Industry Data Security Standard and Related Standards and Regulations: You acknowledge that Little Luxe List ™ has no control over its partners, merchants, and any third party sites which appear or are linked to from the personal registries on the Website. Little Luxe List ™ has no knowledge and makes no representation, warranty, or guarantee that such partners, merchants, or third parties are compliant with the Payment Card Industry Data Security Standard and related standards and regulations.
Digital Millennium Copyright Act
If You are a copyright owner or a direct agent thereof and believe that any User submission or other Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Little Luxe List ™ may offer community features, such as forums, as part of the Services. You must be over the age of 18 to participate in any community features. In addition, Little Luxe List ™ may allow you to submit information to Little Luxe List ™ through forms and other manners in connection with obtaining customer support from Little Luxe List ™’s help center. You may Post or Provide reviews, comments, photos, images, logos, descriptions and other content and submit suggestions, ideas, comments, questions, opinions and feedback (collectively, the “User Content”). You may not Post or Provide User Content that (i) is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals; (ii) exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities; (iii) contains software or any other material, including without limitation photos, videos or files, that violates the intellectual property rights (or rights of privacy or publicity) of any third party; or (iv) consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise Post or Provide any misleading information or User Content that You know is false or inaccurate. Little Luxe List ™ reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.
If You do Post or Provide User Content, You grant Little Luxe List ™ a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media, including, without limitation, for troubleshooting, marketing, product development and any other commercial or non-commercial purpose in Little Luxe List ™’s sole discretion, without payment or compensation to You of any kind. You grant Little Luxe List ™ and Our sublicensees the right to use the name that You submit in connection with such User Content, if We or they choose to use it. You represent and warrant that (i) You own or otherwise control all of the rights to the User Content that You Post or Provide; (ii) that the User Content is accurate; (iii) that use of the User Content You supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and (iv) that You will indemnify Little Luxe List ™ for all claims resulting from User Content You supply. Little Luxe List ™ has the right but not the obligation to monitor and edit or remove any activity or User Content. Little Luxe List ™ takes no responsibility and assumes no liability for any User Content Posted or Provided by Your or any third party.
Little Luxe List ™ does not pre-screen, review, edit or approve any User Content. The Little Luxe List ™ community may flag inappropriate User Content and Little Luxe List ™ may, in its sole discretion, remove or disable access to any User Content.
By Posting or Providing User Content or otherwise sharing any information on the Website, You represent and warrant that You are the owner or otherwise have the right to publicly distribute the User Content. Any User Content Posted or Provided will be considered public, and Little Luxe List ™ will not be responsible for the actions of Users with regards to any public information.
The Services are protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Little Luxe List ™ and/or its licensors provide You with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. The Services and all Content, including, without limitation, any User Content, remain the property of Little Luxe List ™ or its licensors and We do not transfer title to any portion of the Services to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Little Luxe List ™ and protected as well. Any code or software code that Little Luxe List ™ creates, generates or displays in the Services is also protected and You may not copy or adapt such code.
Unauthorized use of the Services may violate applicable laws and is strictly prohibited. You may not copy the Services or any part thereof without Little Luxe List ™’s prior written authorization. Any code or software code that Baby List creates to generate or display the Services are also protected by Little Luxe List ™'s copyrights, and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, Little Luxe List ™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE Little Luxe List ™ PRODUCTS WILL OPERATE ERROR-FREE, BE AVAILABLE, OR THAT THE SERVICES AND Little Luxe List ™’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, Little Luxe List ™ IS NOT RESPONSIBLE FOR THOSE COSTS. EXCEPT FOR ANY LIMITED WARRANTIES PROVIDED BY THIRD-PARTY MANUFACTURERS THAT ARE INCLUDED WITH YOUR Little Luxe List ™ PRODUCTS AT THE TIME OF PURCHASE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND Little Luxe List ™, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BABY LIST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT IN THE SERVICES. BABY LIST MAKES NO WARRANTY WITH REGARD TO ANY OF THE Little Luxe List ™ PRODUCTS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICES REMAINS WITH YOU AND IN NO EVENT SHALL Little Luxe List ™ BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE Little Luxe List ™ PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Little Luxe List ™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Little Luxe List ™’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR Little Luxe List ™ PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO Little Luxe List ™ FOR USE OF THE SERVICES AND THE AMOUNTS YOU PAID FOR THE Little Luxe List ™ PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Little Luxe List ™ AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Little Luxe List ™, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, including Your representations and warranties herein or (iii) Your violation of any applicable laws.
Little Luxe List ™ reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Little Luxe List ™. Little Luxe List ™ will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
Term and Termination
These Terms will remain in full force and effect while You are a User of the Services. Little Luxe List ™ reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Services and/or any other services provided to You by Little Luxe List ™, at any time for any or no reason and without any notice. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.
You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Commercial Use: Any and all commercial use of the Services is expressly prohibited without the written consent of Little Luxe List ™. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
Third-Party Links: The Services may contain links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Little Luxe List ™ of the contents on such third-party websites. Little Luxe List ™ is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk.
Access Outside the United States: Little Luxe List ™ makes no claims that the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When you access the Services you acknowledge and agree that information you provide may be transferred to a jurisdiction other then your country of residence.
Governing Law: These Terms are governed by the internal substantive laws of the State of Illinois. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Illinios. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Little Luxe List ™'s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Little Luxe List ™'s ability to enforce such term at any point in the future.
Dispute Resolution: In the event a dispute arises between you and Little Luxe List ™, please contact Little Luxe List ™. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Illinois, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and Little Luxe List ™ agree that any cause of action arising out of or related to the Website or the Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Additional Terms: If You purchase and/or use any mobile applications provided by Little Luxe List ™ or any Little Luxe List ™ Product, additional terms apply, in addition to these Terms.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Little Luxe List ™’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Little Luxe List ™’s ability to enforce such term at any point in the future.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Little Luxe List ™’s prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Little Luxe List ™ may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings: Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
Effective Date: These Terms are effective as of December 1, 2015.
Contact Information: If there are any questions regarding Little Luxe List ™ or this Policy, please contact Little Luxe List ™ at:
Little Luxe List ™, LLC.
P.O. Box 8370
Bartlett, IL 60103
© Little Luxe List ™, LLC. 2015.