Conditions of Use

Teeny Tiny Treatments LLC

BINDING INDIVIDUAL ARBITRATION.

Do not use the Site, place an order, or make an inquiry with Teeny Tiny Treatments LLC a/k/a Noggin Wipes if you do not agree to all  of these terms and conditions, including this paragraph.  “Dispute” means any  dispute, claim, or controversy between You and Noggin Wipes regarding any  issue whether based in contract, regulation, ordinance, statute, tort  (including, but not limited to negligence fraud, misrepresentation, fraudulent,  or inducement), or any other legal or equitable theory, and includes the  validity, enforceability or scope of this paragraph is to be given  the broadest and widest possible meaning.   You agree to seek resolution of any Dispute in accordance with the terms of this paragraph, and not litigate any Dispute in court, except as provided herein.  Arbitration means that the Dispute  will be resolved by a neutral arbitrator through the American Arbitration Association, with the venue of any dispute to be heard in New York, New York.

YOU AND NOGGIN WIPES AGREE THAT ANY CLAIM FILED BY YOU OR BY  NOGGIN WIPES IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS PARAGRAPH.

CLASS ACTION WAIVER.   ANY DISPUTE RESOLUTION PROCEEDINGS,  WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN CONJUNCTION WITH A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN  A CLASS ACTION, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION,  UNLESS BOTH YOU AND NOGGIN WIPES SPECIFICALLY AGREE TO DO SO IN WRITING, EXECUTED BY AN OFFICER OF NOGGIN WIPES.

Initiation  of Arbitration Proceeding/Selection of  Arbitrator. If You or NOGGIN WIPES elect to proceed with  arbitration, the party initiating the arbitration proceeding may initiate it  only with the American Arbitration Association. The terms of this  paragraph govern in the event they conflict with the rules of the arbitration  organization selected by the parties.

Arbitration Procedures. The Federal Arbitration Act governs the arbitrability of all Disputes. However, applicable federal or state arbitration acts may also apply to the substance of any Disputes.  For claims of less than  $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes  (Supplementary Procedures) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over  $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The arbitrator will make any award in  writing but need not provide a statement of reasons unless requested by a  party. Such award will be binding and final, excerpt for any right of appeal  provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

The arbitration will take place in New York, New York. New York law  will govern all disputes, without regard to conflict of law principles.

 

If any clause herein is found to be  unenforceable, that clause will be severed from this paragraph, and the  remainder will be given full force and effect.   If and to the extent any portion of these arbitration provisions is deemed inapplicable or unenforceable, You nevertheless agree to waive, to the fullest extent allowed by law, any trial by jury.

All terms herein shall survive any termination of these terms and conditions, or Your  relationship with  NOGGIN WIPES.

AGAIN, DO NOT PURCHASE OR USE  NOGGIN WIPES’ SITE or PRODUCTS IF YOU DO NOT AGREE TO  THIS PARAGRAPH.