The following are terms of a legal agreement (“Agreement”) between you
(“You” or “you” or variations thereof) and Little Lamb’s,
Inc. (“Little Lambs” or “We” or variations thereof).
Please read this Agreement carefully. By accessing, browsing, and/or otherwise using this website (“Site”), you acknowledge that you have read, understood, and agreed to bound by these terms and conditions of use, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions of use, you may not access, browse, and/or use this Site or use the Services (as defined below).
You understand and agree that the services provided to you by Little Lambs (“Services”) are provided exclusively under the terms and conditions of this Agreement. We reserve the right to terminate your use or access to the Site/Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Agreement. This Agreement may change at any time and without notice. By using the Site/Services after such revisions, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
If you breach any terms or conditions of this Agreement, your authorization to use the Services or this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
You agree not to use the Site or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or the Services or servers or networks connected to the Site/Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site/Services, use of the Site/Services or access to the Site/Services. Without our written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means to access the Site/Services (including without limitation robots, spiders or scripts); or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.
Member Account, Password and Security
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Little Lambs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Little Lambs cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this paragraph or of this Agreement.
Modifications to Site or Service
Little Lambs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or the Service (or any part thereof) with or without notice. You agree that Little Lambs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.
Placing an Order via our Online Store
Prices and products on this Site are subject to availability and may change without notice. We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Nothing herein shall constitute an "offer to sell" and the receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell. When you place an order through our Online Store, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order via our Online Store is an offer to purchase our products or services. We may accept your order by processing your payment and shipping the product or documentation of service, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the product has been shipped. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order. We collect and remit sales taxes as required by law on purchases made via the Site. If you have tax-exempt status, you must provide a valid tax exemption number evidencing your status at the time of purchase. We will not refund tax amounts collected in the event a valid number is not provided. If you provide a number that is not accepted for any reason by any governmental or regulatory authority, and we are required to pay tax on your purchase, you will reimburse us for the amount of such tax, and our reasonable expenses incurred in connection with the payment and collection of such tax.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES, THE SITE, ALL SOFTWARE FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LITTLE LAMBS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, DATA ACCURACY, SYSTEM INTEGRITY, INFORMATIONAL CONTENT, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND SERVICES. LITTLE LAMBS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, VALID, TIMELY, SECURE, OR ERROR FREE; NOR DOES LITTLE LAMBS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. LITTLE LAMBS MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SITE OR SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT, AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LITTLE LAMBS OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LITTLE LAMBS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. The aggregate liability of Little Lambs to you for all claims arising from or related to the Site or the Services is limited to one hundred dollars ($100).
Shipping and Delivery
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose at the time you order. Shipping date estimates will appear in the order form. After placing your order, you will see both shipping and delivery date estimates in the order confirmation e-mail and in the order summary in “Your Account”.
All shipping times are estimated delivery times given by freight or other shipping carriers. Please keep in mind that these times are not always correct. It is an estimated delivery time only. There is always a possibility that shipments can be delayed. You could receive the shipment earlier or you might receive it later. The shipping companies we use are usually dependable, but of course mistakes, loss of a shipment, or delays are always possible. After the shipment leaves the distributor warehouse it is in the hands of the shipment carrier and Little Lambs has no control over (and takes no responsibility for) the order. If you want to insure your shipment after it leaves the distributor warehouse, please contact Little Lambs and the cost of such insurance while be added to the cost of your order. Any loss or delay with respect to product after it leaves the distributor warehouse is not the responsibility of Little Lambs.
Note that we may choose not to ship over the weekend. For this reason, we cannot guarantee Monday deliveries.
Little Lambs currently only accepts orders from and ships to locations in the continental United States.
WARNING: LITTLE LAMBS PRODUCTS ARE MANUFACTURED IN FACILITIES THAT USE PEANUTS, TREE NUTS, AND/OR OTHER COMPONENTS THAT MAY PRODUCE AN ALLERGIC REACTION IN SOME PEOPLE.
Anyone who has allergies to these ingredients should use caution. All products are clearly marked as such and Little Lambs is not liable for any allergic reactions of any kind to any of its products. Products are to be used in accordance with their label. Little Lambs disclaims responsibility for any misuse of its products.
WARNING: your shipment may contain DRY ICE!
-KEEP OUT OF REACH OF CHILDREN.
-DO NOT HANDLE WITH BARE HANDS: ALWAYS USE GLOVES OR TONGS. TEMPERATURE OF DRY ICE IS (MINUS) –110°(-79° CELCIUS). CONTACT WITH SKIN CAN AND WILL CAUSE SEVERE BURNS OR FROST BITE!
-DO NOT PUT IN STOPPERED (AIR-TIGHT) CONTAINERS: AN EXPLOSION COULD OCCUR RESULTING IN SERIOUS INJURY!
-DO NOT EAT OR DRINK! DO NOT TOUCH TO SKIN, MOUTH OR EYES!
-DO NOT USE OR STORE IN CARS OR UNVENTILATED ROOMS OR AREAS OTHER THAN THOSE THAT ARE OPEN AND WELL VENTILATED!
-DISPOSE OF DRY ICE OUTSIDE (FOR EXAMPLE, IN A VENTED GARBAGE CAN OR DUMPSTER!
-ALWAYS KEEP DRY ICE OUT OF REACH OF CHILDREN!
A. Freight company - (Delivery driver is aware of Dry Ice)
1. If the driver is unaware of DRY ICE, please ask them to help you with the disposal of it.
2. There may be some left over DRY ICE on the pallets. Please have a ventilated garbage can or dumpster nearby so that the driver can dispose of the little DRY ICE that may be left over, if any.
3. Leave the garbage can outside of you facility until DRY ICE disappears, usually with 24 hours.
B. UPS or FedEx Ground
1. The dry ice will be inside a plastic bag.
2. Remove the bag from the cooler being very careful not to touch the dry ice with your bare hands.
3. Place the bag in a ventilated garbage can outside of your home or car.
C. Frozen food Courier
1. Your shipment will not contain any dry ice.
Service at Little Lamb begins from the moment you place your order. We will use our best efforts to assure that all products meet out strict standards when your order leaves our warehouse. Our packaging and shipping practices are designed to protect your order from warehouse to delivery, even during the warmest weather. We will also assist you in insuring your shipment while it is in transit to you from the warehouse, if you request. However, if for any reason you are not completely satisfied with any of our products, simply contact customer service at 1-866-645-5858.
Damaged/ Missing Items
If, for any reason, your order is damaged or you have missing items or you are not completely satisfied with any of our products, simply contact customer service at 1-866-645-5858.
Any checks being returned due to insufficient funds or any other reason will be submitted for collection immediately. Each returned check will result in a fifty dollar ($50.00) service charge to the consumer. In the event of an insufficient check, Little Lambs requires the customer to pay the amount due plus the fifty dollar service charge either by certified funds or credit card.
Credit Card Payments
By using a credit card, you represent and acknowledge that you are authorized to use the card. Prior to the purchase of any goods or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) billing address of credit card. If Little Lambs does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Little Lambs or its agents. By submitting credit card information to Little Lambs, you certify that such submission bears the same effect as if you had signed and mailed/faxed a credit card authorization receipt.
You understand and agree that all products and services purchased, produced, and shipped are considered a final sale. As such, you agree and acknowledge that by purchasing any product or service from Little Lambs, you shall be solely responsible for and shall bear (and/or reimburse) Little Lambs for any charge-backs or fees issued to Little Lambs from any credit card company, merchant bank or other source of payment that is issued at your request (outside of the methods of return expressly authorized by Little Lambs). Stated another way, should you request a refund or charge cancellation from any credit card company, merchant bank, or other source of payment processing against the purchase of Little Lambs products and services, and should said card company, merchant bank, or other source thereafter impose any fee or direct any charge back fee or amount to Little Lambs at your request, you shall reimburse Little Lambs for the amount of said charge back fee and the initial purchase amount (the "Total Amount"). By purchasing any product or service from Little Lambs, you expressly authorize Little Lambs to direct the stipulated payment/charge to be made to your credit card account (the same being the credit card account used in the initial purchase of said product or services) in the amount of said "Total Amount" to Little Lambs for such reimbursement, plus $35 or a ten percent (10%) administrative fee, whichever is greater, to cover the costs and time involved with this process. You acknowledge and agree that the policy set forth in this paragraph providing for reimbursement to Little Lambs for fees incurred is fair and reasonable and is not a penalty clause or provision.
Links to Other Web Sites
The Site contains links to other Web sites. If you use these links, you will leave the Site. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk and you acknowledge and agree that Little Lambs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use or reliance on any such third party Web sites.
You understand and agree that you give Little Lamb's Inc. permission to email market its products and services to the email address(s) you provided. You also agree and understand that with each email that you receive Little Lamb's Inc. provides a way for you or others to opt out of future email marketing and correspondence. You also agree and understand that the removal of your or other email addresses may take up to 30 days from the day you opt out of email correspondence. You also agree and understand that Little Lamb's Inc. does not sell your email address to other business entities.
You agree that we, in our sole discretion, may terminate your use of the Site/Services without prior notice, and remove and discard any content you may have provided via the Site (or otherwise), for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Agreement. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. You may discontinue your participation in and access to the Site or Services at any time.
You agree to indemnify, defend and hold harmless Little Lambs, its parents, subsidiaries, affiliates, officers, directors, co-branders, agents, representatives, employees, consultants, agents, and other partners (including third-party partners to whom Little Lambs. may provide information that you provide via the Site/Services) (collectively, the “Indemnified Parties”) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such Indemnified Parties may incur as a result of or arising from (1) any information you (or anyone accessing the Site/Services using your password) submit, post or transmit through the Site/Services, (2) your use of the Site/Services (or access to the Site/Services through you), (3) your violation of the Agreement (or violation of the Agreement through you), (4) your (or anyone using your account's) violation of any rights of any other person or entity, (5) your violation of any laws or regulations within your specific jurisdiction with respect to accessing the Site or using the Services, or (6) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you (or by someone using your password) into the Site/Services.
Certain of the names, logos, and other materials displayed at the Site or in conjunction with the Services constitute trademarks, trade names, service marks, or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, remains with us or those other entities. You may not remove or obscure any Marks.
Copyrights; Restrictions On Use
The content of the Site ("Our Content”), including without limitation, text, databases, software, code, music, sound, photos, page headers, button icons, scripts, and graphics, is (1) copyrighted by Little Lambs and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Little Lambs or its licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization; provided that in either case you do not modify Our Content. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content. You may not remove or obscure any copyright or other notices associated with Our Content.
Little Lambs does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Site or linked from the Site. All information contained on the Site has been obtained from sources believed by Little Lambs to be accurate and reliable. Due to the possibility of human and mechanical error, however, neither Little Lambs nor any of the contributors to this Site is responsible for any errors or omissions. All information is provided "as is" without warranty of any kind. Neither Little Lambs nor the contributors to the Site make any representations as to the accuracy or integrity of the information on the Site or linked from the Site. They disclaim all express, implied, and statutory warranties of any kind, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Neither Little Lambs nor any of the contributors to this Site will be liable for any damages of any kind incurred as a result of the information posted on this Site.
Disclaimer Regarding Financial and Legal Advice
The information on this Site, including but not limited to reports, newsletters, articles, and opinions, is provided for educational and informational purposes only. It is not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you hire an attorney, accountant, and/or financial advisor to answer any financial or legal questions.
The Agreement constitutes the entire and exclusive and final statement of the agreement between you and Little Lambs with respect to the subject matter hereof, and governing your use of the Site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. Notwithstanding the foregoing, the Agreement does not terminate any other obligations you may owe to Little Lambs through any other agreement or otherwise, provided that in the event of a conflict between any other agreement or obligation you may owe Little Lamb and the terms of this Agreement, the terms of this Agreement shall control.
All questions concerning the interpretation, validity, and performance of this Agreement shall be governed by and decided in accordance with the Laws of the State of Tennessee, without regard to any conflicts of laws an principles thereof. By use of the Site/Services you agree to submit and consent to the exclusive jurisdiction of the state or federal courts located in the County of Davidson, State of Tennessee, and agree that all actions and proceedings related to use of the Site/Services and under the Agreement shall be litigated in such courts, and you hereby waive any objection which you may have based upon improper venue or forum non conveniens to the conduct of such action or proceeding in such court. You also hereby agree to service of process issued or authorized by any such court.
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, you will file any claim or cause of action arising out of or related to use of the Site/Services or the Agreement within one (1) year after such claim or cause of action arose or that you will be forever barred from bringing such claim or cause of action. Little Lambs shall be entitled to all costs incurred in enforcing any provision of this Agreement (including, without limitation, reasonable attorney fees). You agree that if you choose to access the Site or use the Services, you are responsible for compliance with all of your local laws with respect to the Site or use of the Services.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
For any questions regarding this Terms and Service Agreement you can contact us at firstname.lastname@example.org.
Little Lambs, Inc.
736 Airport Road
Gallatin, TN 37066
Our Phone: 1-866-645-5858