Tinynosh, Inc.
Terms and Conditions
These Terms & Conditions (these “Terms”) are a legal agreement between you (“You”) and Tinynosh, Inc. and our subsidiaries or other affiliates (collectively, “Tinynosh,” “we,” “us,” or “our”).
By accessing or using our websites or mobile applications, as well as our Instagram, TikTok, X and other social media or interactive pages (collectively, the “Sites”) provided by Tinynosh that link to these Terms, You agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference. If You do not agree to these Terms, You may not access or use the Sites, use the services made available through the Sites (the “Services”), including without limitation our baby food delivery services, or order, receive or use any products Tinynosh makes available through the Sites and the Services (the “Products”).
Your use of the Sites and the Services are subject to these Terms. BY USING THE SITES AND THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms, do not use the Sites or Services. These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SITES OR THE SERVICES.
1. MEMBERSHIP AND ACCOUNT SECURITY
1.1 While You may browse the Sites as a guest user, to access certain parts of the Sites, or to use the Services or order the Products, You must complete the registration process to create an account and provide us with current, complete and accurate shipping and billing information as prompted by the registration process. You must maintain and promptly update, as necessary, your account information, including payment details. You must safeguard your account information and supervise your account. You understand and agree that you are responsible for any use of your account by anyone you allow to access it and will notify us immediately of any unauthorized use of your account. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account for the Sites and the Services.
1.2 You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole and absolute discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; and (ii) not letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.
1.3 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of the Sites and the Services and Your purchase of the Products. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
1.4 No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your sole and absolute discretion and at Your own risk.
1.5 When You visit the Sites, use the Services, or send emails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Sites or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using the Sites and the Services, You consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with Your account.
2. CONTENT AND LINKS
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by or on the Sites or through the Services, as well as the selection, assembly, and arrangement thereof, are referred to herein collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date, and is provided to You without warranty or representation from us. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.
2.2 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Sites and the Services, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
2.3 Links to other Internet sites operated by third parties, including our vendors, do not constitute sponsorship, endorsement, or approval by Tinynosh of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Tinynosh, and Tinynosh is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
3. LICENSE; SITE AND SERVICES ACCESS
3.1 Tinynosh hereby grants You a limited, non-transferable, revocable license to access and make personal use of the Sites and the Services and not to download (other than page caching) or modify them, or any portion of them, except with our express written consent. This license does not include: any resale or commercial use of the Sites or the Services, or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or the Services, or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and the Services, and any portion of the Sites or the Services, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Tinynosh may determine, in its sole and absolute discretion, whether Your use is in violation of our Terms.
3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Sites or the Services without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Sites’ or the Services’ names or trademarks without the express written consent of Tinynosh. Any unauthorized use terminates the permission or license granted by Tinynosh under these Terms. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
3.3 You must not use the Sites or the Services in any way that causes, or may cause, damage to the Sites or the Services, or impairment of the availability or accessibility of the Sites or the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Sites or the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4. OUR PRODUCTS AND YOUR SUBSCRIPTION
4.1 You acknowledge that Your subscription has an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation. First-time orders may not be cancelled without authorization from the Company. You will receive periodic charges without further authorization from You based on the standard cutoff time for order modification. The cutoff time for each order is visible in the delivery schedule of your account.
4.2 Cancelling your subscription plan will immediately cancel any future plan charges and corresponding orders that have not yet been processed. Any cancellations that occur after an order has already been processed or charged, is being prepared or in transit, will not be cancelled or refunded and will arrive as scheduled prior to cancellation.
4.3 We try to be as accurate as possible when describing and showing the Products on the Sites and through the Services, but we do not warrant that these Product descriptions or depictions, or other content on the Sites or the Services, are accurate, reliable, current, or complete. It is Your sole responsibility to inspect the Sites and the Services, and the Product packaging, to ensure the Products are suitable for your child, taking into account food allergies and their developmental stage.
4.4 All Products available on the Sites and through the Services are for personal use only. Ordering the Products for any purpose, including but not limited to competitive research, analysis, testing, evaluation, sampling, or any other commercial purpose, as determined in Tinynosh’s sole and absolute discretion, is strictly prohibited and is a violation of these Terms. You may not resell any of the Products that You purchase or receive from us. We reserve the right, with or without notice, to cancel Your order, change Your order, or reduce the quantity of Product ordered, in our sole and absolute discretion, if we determine Your order violates our Terms.
4.5 Product pricing and our delivery charges, if any, will be as quoted on the Sites and the Services from time to time, and may not include applicable taxes. Payment for all Products must be by credit or debit card. We accept payment with American Express, Visa, Mastercard, Discover and Apple Pay. We reserve the right to change the payment methods we accept at any time without notice to You. We will not charge Your credit or debit card for a delivery until after the cancellation deadline for said weekly delivery. First-time orders cannot be canceled and we will not issue refunds for first-time orders.
5. DELIVERIES
5.1 You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, You are solely responsible for determining the freshness of the Products you receive. If You have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at info@tinynosh.com and do not discard the item without taking photos of the issue as well as the lot code on the lid of the container. To maintain the quality and integrity of the Products, you must immediately refrigerate all perishable Products (and store at a temperature of 38 degrees Fahrenheit or below) upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found at https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/refrigeration. We recommend that You follow the USDA’s instructions on safe food handling, which can be found at https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/steps-keep-food-safe. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
5.2 If You are not at home when the Products arrive, the courier will generally leave the package for You at Your door. The Products are packaged with insulated liners and gel packs and will typically remain fresh for 12 hours after your delivery, but depending on the season and temperature in Your geographic area at the time of delivery, and other factors outside of our control, advance planning by You should be made for immediate and proper refrigeration of the Products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which You have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had You accepted the delivery Yourself.
5.3 In the case of inclement weather or other events beyond our control that interfere with our ability to deliver Your order, we will attempt to deliver Your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. You recognize that we may utilize third-party delivery services such as FedEx to deliver the Products, and that delivery issues are outside of our control.
5.4 We design the Products to remain fresh for a specified period of time under proper storage conditions (refrigerated below 38 degrees Fahrenheit). Please refer to each Product page on our Sites for shelf life and storage instructions.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
6.1 In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites and the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole and absolute discretion, who infringe the intellectual property rights of others. If You believe that anything on the Sites or the Services infringes any copyright that You own or control, You may file a notification of such infringement with our designated agent as set forth below:
Axel Marko
Tinynosh, Inc.
Address: Tinynosh, Inc., 1575 Westwood Blvd., Ste 302, Los Angeles, CA 90024, United States
Phone: 323 942-0414
Email: info@tinynosh.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if You knowingly make any material misrepresentation in Your notification that the material or activity is infringing, You will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
6.2 We reserve the right, in appropriate circumstances and at our sole and absolute discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Tinynosh or others.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 TINYNOSH MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITES, THEIR CONTENT, ANY LINKED WEBSITES, THE PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR SERVICE, OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. TINYNOSH DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITES OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITES, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO YOU AND OTHER USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITES OR THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7.2 YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. TINYNOSH PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION. SOME PRODUCTS CONTAIN WHOLE PIECES OF FRUITS AND VEGETABLES AND SHOULD BE FED TO CHILDREN WITH CARE. CERTAIN ASPECTS OF OUR PACKAGING MAY POSE A CHOKING HAZARD. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT THE PRODUCTS ARE FREE OF ALLERGENS. Always consult with a healthcare professional and Your child’s pediatrician before introducing and feeding the Products to Your child and specifically discuss any foods that may pose an allergy risk or other health risks for Your child. You understand, acknowledge and agree that Tinynosh does not imply, suggest or represent that any of the Products have been approved for individual use either by us or medical professionals. You understand, acknowledge and agree that Tinynosh does not imply, suggest or represent that the Products are meant to be a comprehensive nutrition plan or solution for your child. Any claims that are made about the Products are merely illustrative in nature. In addition, young children and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found at https://www.fda.gov/food/consumers/people-risk-foodborne-illness. Statements made and products sold through the Sites and the Services are not intended to treat, cure or prevent any disease.
7.3 WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AND THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON THE SITES OR THE SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES AND THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, OR HUMAN ERROR. THE SITES AND THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES OR THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WE RESERVE THE RIGHT TO ADJUST YOUR ORDER AT ANY TIME PENDING AVAILABILITY OF CERTAIN PRODUCTS AND OTHER FACTORS.
7.4 We reserve the right to change any and all content and to modify, suspend or stop providing access to the Sites or the Services (or any features or functionality of the Sites or the Services) and the products at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
7.5 UNDER NO CIRCUMSTANCES SHALL TINYNOSH, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITES OR THE SERVICES OR THROUGH THE SITES OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE SITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE SITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF TINYNOSH’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR THE SERVICES OR THROUGH THE SITES OR THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITES OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TINYNOSH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.6 Nothing on the Sites or the Services constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial, medical or nutritional matter, You should consult an appropriate professional.
8. INDEMNIFICATION
8.1 You agree to defend, indemnify, and hold harmless Tinynosh, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Sites, the Services or the Products, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Sites and the Services. To the extent permitted by applicable law, You hereby release Tinynosh from any and all claims or liability related to any product or service of Tinynosh and any conduct, action, or inaction by Tinynosh or another user of the Sites or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Sites or the Services or any product or service provided to You arising out of or relating to Your use of the Sites or the Services.
9. ARBITRATION AND CLASS ACTION WAIVER
9.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Sites or the Services, except for disputes relating to the infringement of Tinynosh’s intellectual property rights or the access or use of the Sites or Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but You may assert claims in small claims court if Your claims qualify.
9.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
9.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
9.4 Starting an Arbitration. To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of legal dispute to us at the following address: info@tinynosh.com. We will send any notice of dispute to You at the contact information we have for You.
9.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
9.6 Fees. If You initiate arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Tinynosh will pay all other AAA and arbitrator’s fees and expenses.
9.7 Individual Basis. To the fullest extent permitted by applicable law, You and Tinynosh each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Tinynosh each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
9.8 Limitation Period. In no event shall any claim, action or proceeding by You or Tinynosh be instituted more than one (1) year after the cause of action arose.
9.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
9.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and Tinynosh each agree to the exclusive jurisdiction of the Federal and State courts located in Los Angeles, California, or such other jurisdiction selected by Tinynosh in its sole discretion, and You and Tinynosh each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
9.11 Opting Out. If You do not want to arbitrate disputes with Tinynosh and You are an individual, You may opt out of this arbitration agreement by sending an email to info@tinynosh.com within thirty (30) days of the first of the date You access or use the Sites or the Services.
10. GENERAL PROVISIONS
10.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Sites and the Services, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your account for any suspected breach of these Terms by You, You are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Tinynosh or You. Termination will not limit any of our other rights or remedies at law or in equity.
10.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Tinynosh for which monetary damages would not be an adequate remedy and Tinynosh shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages, You may not assert as a defense in any such action that an adequate remedy at law exists.
10.3 Notices. We may give notice to You by means of a general notice on the Sites or the Services, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info@tinynosh.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
10.4 Miscellaneous. These Terms may not be modified except by a writing executed by the duly-authorized representatives of Tinynosh or pursuant to Section 10.5 of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Tinynosh but may not be assigned by You without the prior express written consent of Tinynosh. Any attempt by You to assign these Terms without the written consent of Tinynosh shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Tinynosh agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and Your use of the Sites and the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
10.5 Modifications. We may occasionally update these Terms. Tinynosh reserves the right to update these Terms at any time, in our sole and absolute discretion, without providing notice to You. When we do update these Terms that, in our discretion, we consider significant, we will also revise the “Updated as of” date at the top of these Terms and post the updated Terms on the Sites and the Services. If You continue to use the Sites or the Services, or order the Products, after we post an update to these Terms, You indicate Your acceptance of the updated Terms.
10.6 Contact Us. If You have any questions regarding these Terms, the Sites or the Services, please contact us at info@tinynosh.com.