PRIVACY POLICY

SET FORTH BELOW IS OUR PRIVACY POLICY. OUR PRIVACY POLICY EXPLAINS HOW WE COLLECT, USE, SHARE, IF APPLICABLE, AND PROTECT THE INFORMATION WHICH IS PROVIDED TO US AS A RESULT OF YOUR USE OF OUR WEBSITE.

TABLE OF CONTENTS

1. CERTAIN DEFINITIONS

2. PURCHASE OF THE PRODUCTS

3. THE INFORMATION WE COLLECT

4. HOW WE USE THE INFORMATION

5. INFORMATION SHARING AND DISCLOSURE

6. COOKIES

7. SECURITY

8. THE CHILDREN'S ONLINE PRIVACY ACT

9. UPDATES

10. CONTACT US

1. CERTAIN DEFINITIONS.

Certain terms that are used in this Privacy Policy are defined below.

“Product” means each product which is available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Products” is a reference to more than one Products, and includes all of the Products available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Us” means The Little Market, Inc., a California Corporation.

“We” means The Little Market, Inc., a California Corporation.

“Website” means any website maintained or controlled by us even if such Website is not specifically named in this Privacy Policy or in the Terms Of Use.

“You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.

2. PURCHASE OF THE PRODUCTS.

A. The Website. The Website is made available to you so that you can consider the purchase of the Products.

B. Purchase. Your purchase of the Products is made using the Braintree Payment Service System. You will be required to enter various information regarding yourself in order to complete your purchase, including your credit card information. As discussed, in Section 4 below, your purchase results in us obtaining your name, your e- mail address and your shipping address.

C. Shipment Of The Product. If you purchase the Products and you are not using a P.O. Box, your order will be shipped to you by United Parcel Service Inc. In order for such shipment to occur, your name and mailing address will be obtained by United Parcel Service Inc.

You must have a pysical shipping address. We do not ship to P.O. Boxes.

3. THE INFORMATION WE COLLECT. Your IP Address

When you access the Site, your “IP Address” (internet protocol address) is sent to our Site. An IP Address is a string of numbers which identifies the computer, laptop or mobile device which you are using to access our Site. Without further activity on our part (which we do not engage in), an IP Address does not identify a particular individual.

Profile

If you purchase any of our Products, you can “check-out” either as a guest or by creating an account. If you check out as a guest or by creating an account, we collect your name, your e-mail address and your shipping address. If you create an account, your “profile” is stored by us through the use of “cookies” and log files, including your order history.

Our Newsletter

On the Site, you will have the option to subscribe to our newsletter. You can so subscribe without purchasing any of the Products. If you so subscribe, you will be asked to provide us with your name and e-mail address with an option of providing us with your phone number.

If you so subscribe, you are agreeing to receive our newsletter and other special offers and updates. In order for such other special offers and updates to be generated, the information which you have provided to us is made available to a third party named Omnisend(a software company). If you purchase any Products, Omnisend will also have access to your profile (as described above).

If you so subscribe and subsequently desire to opt out of having your profile and other personally identifiable information available to Omnisend, then you can elect to so opt out by selecting the “unsubscribe” option as set forth in the footer of any newsletter.

4. HOW WE USE THE INFORMATION.
We do not “sell” your information in the sense of selling your information to a third party in exchange for money.

As discussed in Section 2, your purchase of the Products is made using the Braintree Payment Service System (owned by PayPal, Inc.) which results in Braintree Payment Service System obtaining various information about you including your credit card information.

As discussed in Section 2, the shipment of the Products you purchase will be made using United Parcel Service Inc.(which will result in United Parcel Service Inc. obtaining your name and address) or the United States Postal Service.

5. INFORMATION SHARING AND DISCLOSURE.
We may share and disclose information in the following ways or for any other purpose disclosed at the time of collection:

Legal and law enforcement purposes.

We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency's request. We also may disclose such Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) in situations that may involve violations of our Terms Of Use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.

Change Of Control.

We may transfer Information in the event of a business transaction, such as if we are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.

6. COOKIES.

When you access the Website, the Website stores information from your web browser, which involves the use of “cookies”. Cookies are basically files which may includes a unique identifier that is sent from our server to your web browser. Each time your web browser requests access to our Website information is sent back to our server. As a result, information regarding your IP address (a string of numbers which identifies the computer, laptop or mobile device which you are using to access our Website).

There are different types of cookies, the use of which are summarized below:

Strictly Necessary Cookies

These are cookies that are necessary for our Website to function so as to fulfil an action requested by you, such as identifying you as being logged in. If you prevent these cookies by adjusting your browser settings, parts of our Website will not function properly.

Performance Cookies

These are cookies enable our Website to function in an enhanced manner. This includes “analytics” which allow us to see how the Website is being used and to collect Information about how you (and others) are using the Website. The information is collected in an anonymous form and includes the number of visitors, where visitors have come from to the Website and the pages they visited. In this regard, we may use Google Analytics, or a similar data tracking software, to gather data regarding the use of the Site, including your use of the Site. Each such data tracking software platform shows the aggregate, high level usage data as it relates to engagement, retention and acquisition. We do not store individual tracking information from your use of the Website.

Targeting Cookies

We do not have advertising partners associated with our Website. Therefore, there are no cookies which are provided to any advertising partners.

7. SECURITY.

While we work to protect your security, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any occasion where you believe that your use of the Website has lead to a third-party contacting you in a manner which is not acceptable to you.

8. THE CHILDREN’S ONLINE PRIVACY ACT.

We are committed to complying with the Children’s Online Privacy Act (“COPPA”). COPPA is a federal (U.S.) law which is designed to protect children when they are involved with online activities. We encourage each parent or guardian of a child under the age of 13 to take an active role in protecting their child’s privacy and online activity. We do not knowingly collect personal information from a person who is under the age of 13. If you become aware that a person who is under the age of 13 is using the Site, please contact us at contactus@brownbuttercookies.com.

9. UPDATES.

At the end of this Privacy Policy there is a "Last Updated" reference which sets forth the date when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy. Your use of the Site following these changes means that you accept the revised Privacy Policy.

10. CONTACT US.
You can contact us by e-mail at contactus@brownbuttercookies.com. Last Updated: June 20, 2024.

© 2022 The Little Market, Inc. All rights reserved.

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS OF USE CREATES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE LIMIT YOUR RIGHTS TO SELECT THE JURISDICTION IN WHICH A DISPUTE IS TO BE ADDRESSED AND REQUIRE THAT ANY SUCH DISPUTE BE ADDRESSED THROUGH AN ARBITRATION PROCEEDING - AND NOT A COURT PROCEEDING.

1. CERTAIN DEFINITIONS.

Certain terms that are used in this Terms Of Use are defined below.

“Our” is a reference to something which belongs or refers to us.

“Product” means each product which is available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Products” is a reference to more than one Product, and includes all of the Products available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Site”, “Sites”, or “Website” means any website maintained or controlled by us even if such Website is not specifically named herein.

“Us” means The Little Market, Inc., a California Corporation.
“We” means The Little Market, Inc., a California Corporation. “You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.

2. YOUR AGREEMENT TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT CONTINUE TO USE THE SITE.

IF YOU ACCEPT OR AGREE TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF THE FOREGOING SENTENCE IS APPLICABLE, THEN "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

3. THE SITE - NO ACCOUNT REQUIRED

A. Nature Of The Site. The Site is made available to you so that you obtain information about us and, as described below, if you desire, order certain Products from us.

B. No Account Required. THERE IS NO ACCOUNT TO BE ESTABLISHED BY YOU IN ORDER TO USE THE SITE. PLEASE SEE SECTION 6 BELOW REGARDING A FUTURE “COOKIE CLUB” WHICH WILL REQUIRE YOU TO ESTABLISH AN ACCOUNT IN ORDER TO JOIN THE COOKIE CLUB - THOUGH YOU CAN USE THE WEBSITE WITHOUT JOINING THE COOKIE CLUB.

4. USE OF THE SITE.
A. Personal Use. The Site is provided to you for personal use only and may not be used for any illegal activity or purposes, including fraud or identity theft.
B. Prohibited Uses. You may not use the Site for any of the following:

(1) To take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site.

(2) In any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

(3) Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.

(4) To bully, defame, annoy and/or harass any person or institution, whether explicitly or implicitly, and whether by direct reference or otherwise.

(5) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).

(6) Collect data for any direct or indirect marketing activity.

C. Compliance With Applicable Law. You agree to use the Site in strict compliance with all applicable laws and regulations. It is your responsibility to comply with such applicable laws and regulations, and your agreement to comply with these Terms Of Use does not the mean that you are in compliance with such applicable laws and regulations.

5. ORDERS.
On the Site there is a “Shop” tab which you can access in order to begin the process of ordering one or more Products.
If you proceed and click on “Add to cart”, you will be asked to “Check Out”.

If you click on “Check Out” you will be asked to provide us with your name, e-mail address and your shipping address. If you not have an e-mail address, you can process your order by calling us at: (805) 464-6636.

If you click on “Check Out” you can select either the method of payment described immediately below:

METHOD OF PAYMENT DISCUSSION

6. COOKIE CLUB.

A. If you become a member of the Cookie Club, you will choose which subscription frequency you'd like, as well as the flavor(s).

B. Payment. If you join the Cookie Club, you will be required to provide us with your name, e-mail address, shipping address and billing address. In order for the cookies to be shipped to you and for you to be billed on a monthly or quarterly basis (depending on the subscription you choose), such information of yours, together with your credit card information, will be shared with and stored by a third party provider called ReCharge Inc.

C. Cancellation. You have the right to cancel your membership in the Cookie Club after two billing cycles, by emailing club@brownbuttercookies.com, or eventually, through your “cookie club portal” which you will have established when you join the cookie club.

D. Membership Discount: Customers who subscribe to our Cookie Club Membership program ("Membership") are eligible to receive a discount on purchases made while their Membership is active. The discount will be applied to the purchasing profile of the Member and will remain valid for the duration of their Membership. If a Member cancels their Membership for any reason, the discount will no longer be applicable to future purchases. The Membership discount is non-transferable and may only be used by the Member who is enrolled in the Membership program. We reserve the right to modify or terminate the Membership discount program at any time. The discount cannot be combined with any other offers, promotions, or discounts unless explicitly stated. All purchases made using the Membership discount are subject to our standard Terms of Sale.

E. Editing Subscriptions: Customers may edit their subscription preferences, including product quantities and delivery frequency, shipping address, form of payment, etc. by accessing their account settings or emailing club@brownbuttercookies.com. Changes must be made at least 10 days prior to the next scheduled renewal date to ensure they are processed before shipping.

F. Customizing Flavor Preferences: Customers may customize their flavor preferences from the club flavor menu for subscription products within their account settings. Changes to flavor preferences must also be made at least 10 days before the next renewal date to ensure accurate fulfillment.

G. Timing of Changes: It is the responsibility of the customer to ensure that any edits or customizations to their subscription are completed within the specified timeframe. Changes made within 10 days of the renewal date may not be processed in time for the upcoming shipment.

H. Acknowledgement: By subscribing to our services, you acknowledge and agree to abide by these terms regarding the editing of subscriptions and customization of flavor preferences.

I. Changes to Terms: We may update these Terms and Conditions from time to time. It is the Member's responsibility to review these Terms periodically for changes.

7. DISCLAIMERS.

A. WE, AND THE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS OF THE LITTLE MARKET, INC., DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SITE. YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.

B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES WHICH COULD BE CONSTRUED TO APPLY TO YOUR USE OF THE SITE.

8. OUR INTELLECTUAL PROPERTY.

A. Introduction. The Site including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation, that we have valuable and exclusive proprietary/ownership rights with respect to the Site which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country.

As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

B. Your Use Of The Site. Your use of the Site does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Site or is used in connection with the Site.

9. NO RETURN POLICY.

There is no return policy. If you have an issue regarding your purchase, please contact us at contactus@brownbuttercookies.com. If possible, we will try to resolve the situation which you describe, but there can be no guarantee that the situation can be resolved to your satisfaction.

10. LICENSE FOR ACCESS TO THE SITE.

For the sole purposes of accessing the Site, we grant you a non-exclusive and non- transferable license to access and use the Site. You have no right to sublicense the license granted to you. This limited license does not allow you to copy or sell our Intellectual Property and/or to scrape or mine our Site. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Except for the limited license granted to you, you are not conveyed any other right or license in any way.

Any unauthorized use of the Site, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms Of Use.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT NEITHER THE LITTLE MARKET, INC. NOR ANY AFFILIATE, DIRECTOR, SHAREHOLDER OR OFFICER OF THE LITTLE MARKET, INC. WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO THE SITE OR TO ANY OF THE LINKS (DESCRIBED BELOW), THE DECISIONS YOU MAKE WITH REGARD TO THE USE OF THE SITE OR THE CONSEQUENCES OF YOUR USE OF THE SITE OR YOUR USE OF THE LINKS (DESCRIBED BELOW).

12. LINKS

A. In General.

The Site contains links to third-party applications, websites and resources (separately and collectively referred to herein as the "Linked Sites"). The Linked Sites are provided solely as a convenience to you and do not constitute an endorsement by us of the content on such Linked Sites. We makes no representations or warranties regarding the correctness, accuracy, performance or quality of any software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

B. Link To Paypal, Inc.

WE DO NOT GUARANTEE THE SECURITY OF THE LINK TO PAYPAL, INC., INCLUDING ITS AFFILIATE, BRAINTREE. WE MAKE NO STATEMENTS OR ASSURANCES REGARDING THE MANNER IN WHICH PAYPAL, INC., INCLUDING ITS AFFILIATE, BRAINTREE, MAY USE THE INFORMATION WHICH YOU PROVIDE TO PAYPAL, INC., INCLUDING ITS AFFILIATE, BRAINTREE, WHEN YOU PURCHASE ONE OR MORE PRODUCTS FROM US.

C. Link To ReCharge, Inc.

WE DO NOT GUARANTEE THE SECURITY OF THE LINK TO RECHARGE, INC. WHEN MADE AVAILABLE. WE MAKE NO STATEMENTS OR ASSURANCES REGARDING THE MANNER IN WHICH RECHARGE, INC. MAY USE THE INFORMATION WHICH YOU PROVIDE TO RECHARGE, INC. WHEN YOU PURCHASE ONE OR MORE PRODUCTS FROM US.

13. SECURITY.

While we work to protect the your security, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any occasion where you believe that your use of the Site has lead to a third- party contacting you in a manner which is not acceptable to you.

14. MAINTENANCE OF SITE.

The Site may be unavailable for access or use due to maintenance activities or a malfunction matter. We are not responsible to you or to any other person for any delay, error, defect, interruption or similar matter which occurs with respect to the Site.

15. MODIFICATION.

We reserve the right in our sole discretion to modify the Site and these Terms Of Use. Such changes can be made at any time and without the necessity of giving notice to you. The modification of these Terms Of Use will be posted on the Site.

As you continue to use the Site after we have posted the modification, you will be agreeing - without action on your part - to be bound by the modified Terms Of Use. You remain free at any time to cease using the Site.

16. PRIVACY POLICIES.
    We have established a Privacy Policy.
    The Privacy Policy is accessible by clicking on the hyperlink so entitled on the Site. PLEASE READ THE PRIVACY POLICY.

17. INDEMNIFICATION.

A. Introduction. Set forth below are the terms by which you indemnify us in the event that a third party (not you) names us in a lawsuit or otherwise proceeds against us while asserting that your alleged action or omission has caused harm or damage to such third party.

B. Claim.

“Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which claims, threatens or asserts that we are wholly or partially responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party (regardless of the legitimacy of such claim, threat or assertion) in the case where any one or more of the following is the basis, in whole or in part, for the making of such claim: (i) your use of the Site, (ii) your failure to comply with these Terms Of Use, (iii) your violation of any right of such third party, including without limitation any intellectual property right, any confidentiality protection or any right or privacy or (d) your action or omission.

C. Indemnification Of Us By You.

If a Claim is made, then you shall indemnify, defend and hold us harmless from and against the Claim (except to the extent that such Claim is in fact determined by a court of competent jurisdiction to be derived from our actions or omissions).

D. Participation By US.

Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the legal proceeding pertaining to the Claim represented by legal counsel unilaterally selected by us.

18. UNITED STATES HOSTING.

The Site is based in the United States. If you are using the Site outside of the United States, there may be local law which applies, and you agree to comply with such law without guidance or input from us.

In this regard, the Site is for use in the United States only. The Site is not for use in any other area in the world. If you access the site from outside of the United States you will be unable to make a purchase of Products.

19. LANGUAGE.

The language for these Terms Of Use is English. We are not responsible for the method by which you may have these Terms Of Use explained to you or translated for you. We are not responsible for the accuracy of any such explanation or translation of these Terms Of Use.

20. GOVERNING LAW.

These Terms Of Use are governed by and construed in accordance with California law applicable to contracts made and to be performed wholly within California , and without regard to the conflicts of laws principles thereof.

21. ARBITRATION OF DISPUTES.

A. General. Any controversy or claim arising out of, or relating to, these Terms Of Use, the breach thereof, or the validity of this arbitration provision, shall be settled by binding arbitration in San Luis Obispo County, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party's request, to arbitration on the merits of said case.

The immediately preceding paragraph means that your use of this Site constitutes your agreement that if any dispute arises between you and us with pertains to these Terms Of Use (which cannot otherwise be resolved through communication between us) any such dispute, including all aspects relating to such dispute, whether relating to the alleged breach, termination, enforcement, interpretation or validity of these Terms Of Use or the use of the Site (each and all of such matters being referred to herein as a “Dispute”) will be settled by binding arbitration, as described herein.

B. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

C. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.

D. Admissibility Of These Terms Of Use. A printed version of these Terms Of Use shall be admissible in the arbitration proceeding to the same extent as would be the case with any other business document which was initially generated in a physical and/or printed form.

E. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

If you prevail in the arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under California law. If we prevail in the arbitration, we may be entitled to an award of attorneys' fees and expenses.

F. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA in the case where you initiate the arbitration.

22. VENUE.

The Arbitration described above shall be brought exclusively in San Luis Obispo, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in San Luis Obispo, California and in such other jurisdictions in the manner specified by law.

23. SEVERABILITY.

A. General. If any provision of these Terms Of Use, as applied either to you or us or to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no way affect any other provision of these Terms Of Use, or the application of any such provision in any other circumstance, or the validity or enforceability of these Terms Of Use. In addition, any provision which is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.

B. Foreign Jurisdictions. Without limiting the generality of Paragraph A. immediately above, if any of the provisions of these Terms Of Use is inconsistent with the law of any jurisdiction outside of the United States, then these Terms Of Use shall be read and applied as if such provision is not a part of these Terms Of Use.

24. EFFECT OF WAIVER.

No waiver by you or by us of any term or condition of these Terms Of Use shall be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this or any other agreement. All remedies, rights, undertakings, obligations and agreements contained in these Terms Of Use shall be cumulative. No particular remedy, right, undertaking, obligation or agreement contained in these Terms Of Use shall be in limitation of any other remedy, right, undertaking, obligation or agreement set forth in these Terms Of Use.

25. NO ASSIGNMENT.

These Terms Of Use are not to be assigned by you to another person or entity and any attempted assignment by you shall be null and void and have no effect. We may assign these Terms Of Use to an affiliated entity of ours without your consent. Subject to the immediately preceding two sentences, these Terms Of Use and all provisions hereof, shall inure to the benefit of and be binding upon each of us, and the respective successors in interest, assigns, administrators, executors, heirs and devisees of each of us.

26. NO THIRD PARTY BENEFICIARY.
These Terms Of Use do not and are not intended to confer any rights or remedies

upon any person other than you and us. 27. INTERPRETATION.

These Terms Of Use are to be interpreted fairly and simply, and not strictly for or against either you or us, regardless of the fact that we have prepared these Terms Of Use.

28. ENTIRE AGREEMENT.

These Terms Of Use and, if applicable, the purchase order which is created with respect to the Product(s) which you purchase constitute the entire agreement between you and us pertaining to the subject matter hereof. No supplement, modification or amendment of these Terms Of Use shall be binding except through the updating of these Terms Of Use as provided for herein.

29. DESCRIPTIVE HEADINGS.
The descriptive headings which are used herein are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms Of Use.

30. CONTACTING US.

On the Site, there is a link that enables you to contact us by e-mail. You will be required to provide us with various information in order for us to be able to address your questions or concerns: contactus@brownbuttercookies.com.

Last Updated: June 20, 2023

© 2022 The Little Market, Inc. All rights reserved.

THE LITTLE MARKET, INC.

The Little Market, Inc. is committed to making our Site content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us at (805) 464-6636 or email us at contactus@brownbuttercookies.com.

Please provide us with a description of the issue or matter which is relevant to you and your accessability to the Site,