By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Little Vittles is a Venue
Little Vittles acts as a venue to allow users who comply with Little Vittles’s policies to offer, sell and buy certain goods within a fixed-price format. Little Vittles is not directly involved in the transaction between buyers and sellers. As a result, Little Vittles has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Little Vittles does not pre-screen users or the content or information provided by users. Little Vittles cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Little Vittles does not transfer legal ownership of items from the seller to the buyer.
Little Vittles cannot guarantee the true identity, age, and nationality of a user. Little Vittles encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Little Vittles is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Little Vittles. You use the Little Vittles service at your own risk.
2. Membership Eligibility
Age: Little Vittles’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Little Vittles may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Little Vittles’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Little Vittles’s policies as stated in the Agreement and the Little Vittles policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Little Vittles, each of which is incorporated herein by reference and each of which may be updated by Little Vittles from time to time without notice to you:
- The DOs & DON’Ts of Little Vittles
- Fees Policy
- Copyright and Intellectual Property Policy
- Trademark Guidelines
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Little Vittles from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Little Vittles of any unauthorized use of your password or any breach of security. You also agree that Little Vittles cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Little Vittles without Little Vittles’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Little Vittles you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Little Vittles account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Little Vittles’s services are not available to temporarily or indefinitely suspended Little Vittles members. Little Vittles reserves the right, in Little Vittles’s sole discretion, to cancel unconfirmed or inactive accounts. Little Vittles reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Little Vittles is free. Little Vittles charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Little Vittles’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Little Vittles’s services are effective after Little Vittles provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Little Vittles may choose to temporarily change the Fees Policy and the fees for Little Vittles’s services for promotional events (for example, free listing days); such changes are effective when Little Vittles posts the temporary promotional event on the Site. Little Vittles may, at Little Vittles’s sole discretion, change some or all of Little Vittles’s services at any time. In the event Little Vittles introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using Little Vittles. Little Vittles keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If Little Vittles terminates a listing or your account, if you close your account, or if the payment of your Little Vittles fees cannot be completed for any reason, you remain obligated to pay Little Vittles for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Little Vittles.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Little Vittles’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Little Vittles shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Little Vittles shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Little Vittles’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Little Vittles reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Little Vittles transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Little Vittles and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Little Vittles.
Restricted Activities: Your Content and your use of Little Vittles shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Little Vittles’s Copyright and Intellectual Property Policy)
- Violate this Agreement, The DOs & DON’Ts of Little Vittles, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Little Vittles staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Little Vittles or modify another website so as to falsely imply that it is associated with Little Vittles;
- Appear to create liability for Little Vittles or cause Little Vittles to lose (in whole or in part) the services of Little Vittles’s ISPs or other suppliers
Re-Posting Content: By posting Content on Little Vittles, it is possible for an outside website or a third party to re-post that Content. You agree to hold Little Vittles harmless for any dispute concerning this use. If you choose to display your own Little Vittles-hosted image on another website, the image must provide a link back to its listing page on Little Vittles.
Idea Submissions: Little Vittles considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Little Vittles shall not be liable for the disclosure or use of such Material. If, at Little Vittles’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Little Vittles will also consider that Material to be non-confidential and non-proprietary and Little Vittles will not be liable for use or disclosure of the Material. Any communication by you to Little Vittles is subject to this Agreement. You hereby grant and agree to grant Little Vittles, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Little Vittles does not control the Content provided by users that is made available on Little Vittles. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Little Vittles, you agree to accept such risks and that Little Vittles (and Little Vittles’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Little Vittles. Please use caution, common sense, and practice safe buying and selling when using Little Vittles.
Other Resources: Little Vittles is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Little Vittles does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Little Vittles 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 of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Little Vittles’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Little Vittles is not involved with user generated groups, the groups’ requirements, or the Meetings.
Little Vittles does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Little Vittles does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Little Vittles may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. LITTLE VITTLES IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO LITTLE VITTLES; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY LITTLE VITTLES, AND LITTLE VITTLES HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT LITTLE VITTLES IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, LITTLE VITTLES USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Little Vittles, please contact Little Vittles.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Utah County, Utah, 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. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the State of Utah. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Little Vittles agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Little Vittles (and Little Vittles’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Little Vittles encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Little Vittles, for the benefit of users, may try to help users resolve disputes. Little Vittles does so in Little Vittles’s sole discretion, and Little Vittles has no obligation to resolve disputes between users or between users and outside parties. To the extent that Little Vittles attempts to resolve a dispute, Little Vittles will do so in good faith based solely on Little Vittles’s policies. Little Vittles will not make judgments regarding legal issues or claims.
10. Little Vittles’s Intellectual Property
LITTLE VITTLES, and other Little Vittles graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Little Vittles, LLC in the U.S. and/or other countries. Little Vittles’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
- Take any action that imposes, or may impose, in Little Vittles’s sole discretion, an unreasonable or disproportionately large load on Little Vittles’s infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Little Vittles’s robot exclusion headers or other measures Little Vittles may use to prevent or restrict access to Little Vittles
Without limiting any other remedies, Little Vittles may, without notice, and without refunding any fees, delay or immediately remove Content, warn Little Vittles’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
LITTLE VITTLES, LITTLE VITTLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LITTLE VITTLES’S SUPPLIERS PROVIDE LITTLE VITTLES’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LITTLE VITTLES, LITTLE VITTLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LITTLE VITTLES’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LITTLE VITTLES SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL LITTLE VITTLES, AND (AS APPLICABLE) LITTLE VITTLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LITTLE VITTLES’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, LITTLE VITTLES’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LITTLE VITTLES’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LITTLE VITTLES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LITTLE VITTLES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD LITTLE VITTLES AND (AS APPLICABLE) LITTLE VITTLES’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Little Vittles does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Little Vittles’s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Little Vittles service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Little Vittles’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Little Vittles are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Little Vittles Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Utah, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Little Vittles’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Little Vittles; Attn: Legal Department; 506 S 100 E, Salem, UT 84653 (in the case of Little Vittles) or, in your case, to the email address you provide to Little Vittles (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Little Vittles may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Little Vittles. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Little Vittles’s Copyright and Intellectual Property Policy.
The services hereunder are offered by Little Vittles, LLC located at 506 S 100 E, Salem, UT 84653.