Bitcare T's&C's Previous Terms 7/25/2019

Bitcare Protection Plan for littleBits Kits

Terms and Conditions


1. Overview

Your Bitcare Protection Plan for littleBits Kits (herein referred to as the “Plan”) is governed by these Terms and Conditions and constitutes your service contract with for hardware services and technical support provided to you by littleBits Electronics Inc. (“littleBits”) under the Plan. Subject to these Terms and Conditions, your Plan covers services in connection with defects and certain accidental damage for certain littleBits-branded littleBits kit products sold directly to you by littleBits or a littleBits authorized reseller and listed in the Plan confirmation (“Plan Confirmation”) contained in the covered littleBits kit’s original packaging or provided or made available to you electronically by littleBits (collectively the “Covered Hardware”). Customers choosing the option to register for the Plan online or by telephone, where available,  in accordance with this Plan will receive their Plan Confirmation automatically or through an electronic message from littleBits. The duration of the Plan (“Coverage Period”) is for the period described in your Plan Confirmation, which is two (2) years from the date of purchase of the Covered Hardware (i.e., the date your credit card is charged for the purchase of the Covered Hardware or the date of invoice if the applicable purchase is made by purchase order), unless earlier terminated or cancelled in accordance with the terms of this Plan, or unless a different period is specified in connection with a special promotion. The price of the Plan is listed on the Plan’s original sales receipt.

This Plan is offered and valid only in the United States of America. This Plan may not be available in all states, and is not available where prohibited by law.

2. Coverage
    • Hardware Services and Technical Support. Your coverage begins on the date of purchase of the Plan and terminates at the end of the Coverage Period (“Bitcare Coverage Period”). littleBits will, at its option, repair or exchange the affected Covered Hardware with a replacement product that is at least functionally equivalent to the original product, if during the Bitcare Coverage Period there is a defect in the Covered Hardware’s materials or workmanship or if there is covered accidental damage. If littleBits exchanges the Covered Hardware, littleBits may provide replacement product or parts that are manufactured from new or refurbished parts. The products or parts that are exchanged become littleBits’ property. littleBits will also, as necessary, provide corresponding technical support.
    • Limitations. The Plan does not cover:
  1. Damage to the Covered Hardware caused by abuse, neglect, misuse (including repair or maintenance by anyone other than littleBits), modification, use with unauthorized products, or other activities that are outside the usual scope of use described in the Covered Hardware documentation;
  2. Covered Hardware with a serial number that has been altered, defaced or removed;
  3. Accessories and other items intended for single or limited use, and consumables (including without limitation, paper, stickers, tape and other fastener or adhesives, and batteries);
  4. Packaging, collateral, or storage (such as tackle boxes);
  5. Failures related to damage resulting from shipping, cleaning, or products determined not to have failures after being returned;
  6. diagnosis, intermittent and non-intermittent issues that are not product failures;
  7. Items sold in a private sale (e.g. flea market, yard sale, estate sale, craigslist), or from an unauthorized reseller, distributor or dealer;
  8. Problems caused by a device that is not Covered Hardware, including equipment that is not littleBits-branded, whether or not purchased at the same time as the Covered Hardware;
  9. Service necessary to comply with the regulations of any government body or agency arising after the date of this Plan;
  10. Problems caused by the function of a network or other service (such as Bluetooth) or viruses or other software problems introduced into the Covered Hardware;
  11. Covered Hardware that has been lost or stolen;
  12. Cosmetic damage to the Covered Hardware, including but not limited to scratches, dents and broken plastic on ports; plastic fading; dust corrosion; water or other stains;
  13. Preventative maintenance on the Covered Hardware;
  14. Damage or accident resulting from third party actions (fire, collision, vandalism, theft, etc.), acts of God or other force majeure events;
  15. Damage to, or loss of any software or data residing or recorded in the Covered Hardware. When providing repair or replacement service, littleBits will not provide any recovery or transfer of software or data contained on the serviced unit;
  16. Removal or disposal of the Covered Hardware, or removal, repair, or maintenance of non-Covered Hardware (including accessories, batteries, attachments, or other devices) or network or other service external to the Covered Hardware;
  17. Any support relating to software, data or media installed using the Covered Hardware; or
  18. Except as specifically provided herein, any other damages that do not arise from defects in materials and workmanship or ordinary and customary use and operation of the Covered Hardware in accordance with the manufacturer’s specifications and owner’s manual.

For the avoidance of doubt, to the extent littleBits includes with the purchase of kits/Covered Hardware, any services (including online or other  training courses related to the use and operation of Covered Hardware) or third party products, such services and third party products are provided “as is” without any warranties, including any warranty of merchantability, noninfringement, and fitness for a particular purpose.

    • Procedures:

This Plan only covers Covered Hardware that is verified in accordance with littleBits’ requirements as set forth herein. To obtain service under this Plan, access the littleBits website (https://support.littlebits.com/hc/en-us/requests/new) or call the toll-free telephone number listed below. If calling, an littleBits support representative will answer, request your Plan’s unique agreement or registration number (“Plan Agreement Number”), verification of the origin of the hardware and corresponding kit to determine if it corresponds to the Covered Hardware covered under such Plan, determine if the claim is otherwise valid under the Plan, and determine what service is necessary for the Covered Hardware. All service is subject to littleBits’ prior approval. Keep your Plan Confirmation and the original sales receipt for your Covered Hardware and your Plan. Proof of purchase may be required if there is any question as to your product’s eligibility for Plan coverage. If you are unable to provide proper verification, service and replacement parts will not be available to you.

After proper verification, if littleBits does not require return of the exchanged product or part, littleBits will ship you the repaired or exchanged parts free of charge. If littleBits requires you to return the repaired or exchanged product or part, littleBits will ship you the repaired or exchanged parts free of charge only after receiving the exchanged product or part and verifying that it is eligible for service under the Plan. littleBits reserves the right to change the method by which littleBits may provide Plan services to you, and your Covered Hardware’s eligibility to receive a particular method of service. Service options, parts availability and response times may vary.

3. Your Responsibilities

To receive service under the Plan, in addition to the procedures above, you agree to comply with the following:

      • Provide your Plan Agreement Number and serial number of the Covered Hardware;
      • Provide information about the symptoms and causes of the problems with the Covered Hardware; and
      • Follow instructions littleBits gives you, including but not limited to refraining from sending littleBits products and accessories that are not subject to repair or replacement service and packing the Covered Hardware in accordance with shipping instructions.
4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LITTLEBITS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM LITTLEBITS’ OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF LITTLEBITS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. LITTLEBITS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE COVERED HARDWARE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (II) MAINTAIN THE CONFIDENTIALITY OF DATA.

FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, LITTLEBITS’ LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED HARDWARE OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Cancellation

You can cancel this Plan at any time for any reason. If you decide to cancel either call littleBits at the telephone number below, or send or email written notice with your Plan Agreement Number to littleBits Electronics Inc. - Bitcare, 601 W26th Street, M274, New York, NY 10001 (email: support@littlebits.com).

A copy of the Plan’s original proof of purchase must accompany your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of unexpired Coverage Period, less (a) a cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, littleBits may cancel this Plan if service parts for the Covered Hardware become unavailable, upon thirty (30) days’ prior written notice. If littleBits cancels this Plan, you will receive a pro-rata refund for the Plan’s unexpired term.

6. Transferability. This Plan is extended to the original owner of the Covered Hardware only and may not be assigned or transferred to a subsequent owner.

7. Arbitration Agreement.

    • Most of your concerns about the Plan can be addressed simply by contacting littleBits at (888) 440-3906, Monday through Friday, 9 am to 5 pm Eastern Time. In the event littleBits cannot resolve any dispute with you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING AND INDIVIDUAL ARBITRATION OR THROUGH SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND LITTLEBITS AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER REPRESENTATIVE PROCEEDINGS.
    • Dispute Resolution. Please read the following arbitration agreement in this section 18 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with littleBits and limits the manner in which you can seek relief from littleBits.
    • Applicability of Arbitration Agreement. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of this Agreement or the subject matter of this Agreement, a party may demand that any such dispute be resolved by arbitration administered by JAMS, an established alternative dispute resolution provider, rather than in court, and each party hereby consents to any such dispute being so resolved, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or littleBits may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). If you agree to arbitration with littleBits, you are agreeing in advance that you shall not participate in or seek to recover monetary or other relief in any lawsuit filed against littleBits alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you shall bring your claims against littleBits in an individual arbitration proceeding only. If successful on those claims, you could be awarded money or other relief by an arbitrator. You acknowledges that you have been advised that you may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.
    • Arbitration Rules and Forum.

(a)       The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to littleBits Electronics Inc., 601 W. 26th Street, Suite M274, New York, New York 10001. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.

(b)     Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures, available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com. If JAMS is not available to arbitrate, the parties shall select an alternative arbitral forum.

If you purchased one or more products, including Covered Hardware, for use for personal, family, or household purposes only (a “Consumer”), the following provisions apply:

(1) If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, littleBits shall pay those fees for you.

(2)  littleBits shall reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than $10,000, and shall not seek reimbursement of its attorneys’ fees and arbitration expenses, unless the arbitrator determines the claims are frivolous.

(3) You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a location within 100 miles of your residence.

(d) If you are not a Consumer, the arbitration will be conducted in New York City, New York unless prohibited under applicable law.

(e)   Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The arbitration will be conducted in English.

    • Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and littleBits. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The parties shall cause the arbitrator to issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and littleBits.
    • Waiver of Jury Trial. Each party hereby waives its right to a trial by jury in any proceedings under this Arbitration Agreement. The parties hereby elect that all claims and disputes between the parties be resolved by arbitration under this Arbitration Agreement, except as otherwise provided in section 8.1. An arbitrator may award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    • Waiver of Class or Consolidated Actions. All claims between the parties related to this Agreement will be arbitrated individually, and you shall not consolidate or seek class treatment for any claim unless previously agreed to in writing by littleBits. If this section is deemed invalid or unenforceable neither you nor littleBits will be entitled to arbitration and instead claims and disputes will be resolved in a court as stated in this Arbitration Agreement.
    • 30-Day Right to Opt Out. If you are not a Consumer, you may opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of Customer’s decision to opt out to the following address: 601 W. 26th Street, Suite M274, New York, New York 10001, Attention: General Counsel, with a copy to arbitrationoptout@littlebits.com. Your notice must include your name and address, your littleBits username (if any), the email address you used to set up your littleBits account (if you have one), and an unequivocal statement that you wish to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Plan will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with littleBits.
    • Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with littleBits.
8. General Terms
    • littleBits may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
    • littleBits is not responsible for any failures or delays in performing under the Plan that are due to events outside littleBits’ reasonable control.
    • You are not required to perform preventative maintenance on the Covered Hardware to receive service under the Plan.
    • This Plan is offered and valid only in the United States of America. This Plan is not offered to persons who have not reached the age of majority. This Plan may not be available in all states, and is not available where prohibited by law.
    • In carrying out its obligations littleBits may, at its discretion and solely for the purposes of monitoring the quality of littleBits’ response, record part or all of the calls between you and littleBits.
    • You agree that any information or data disclosed to littleBits under this Plan is not confidential or proprietary to you. Furthermore, you agree that littleBits may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the littleBits.com Privacy Policy. littleBits will collect and use your information in accordance with the littleBits.com Privacy Policy found at https://littlebits.com/pages/privacy-policy/.
    • The Terms and Conditions of this Plan prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and littleBits’ entire understanding with respect to the Plan, and superseded any and all correspondence or other agreement with respect the Plan.
    • Your rights under the Plan are in addition to any warranty rights you may be entitled to. Except as specified in writing in connection with an applicable promotion, you must purchase and register the Plan while your Covered Hardware is within littleBits’ 90-day Limited warranty period. littleBits is not obligated to renew this Plan. If littleBits does offer a renewal, it will determine the price and terms.
    • The Plan’s legal and financial obligor in the United States of America is littleBits Electronics Inc., 601 W26th Street, M274, New York, NY 10001, unless the laws of your state require otherwise, in which case littleBits Electronics Inc. acts as the agent of the obligor.
    • Except where prohibited by law, The laws of the State of New York consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction, govern all adversarial proceedings arising out of this Agreement or the subject matter of this Agreement. If the laws of any jurisdiction where this Plan is purchased are inconsistent with these terms, including the jurisdictions of Arizona, Florida, Georgia, Nevada, Vermont, Washington, and Wyoming, the laws of that jurisdiction will control.
    • Support services under this Plan may be available in English only.
    • There is no deductible payment due in respect of a claim made under this Plan.
9. State Variations

The following state variations will control if inconsistent with any other provisions of this Plan:

Alabama, California, Hawaii, Maryland, Minnesota, Missouri, New Mexico, New York, Nevada, South Carolina, Texas, Washington and Wyoming Residents

If you cancel this Plan pursuant to Section 5 of these Terms and Conditions, and we fail to refund the purchase price to you within thirty (30) days for California, New York, Missouri and Washington residents, within forty-five (45) days for Alabama, Hawaii, Maryland, Minnesota, Nevada, South Carolina, Texas and Wyoming residents, and within sixty (60) days for New Mexico residents, we are required to pay you a penalty of 10% per month for the unpaid amount due and owing to you. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by the full faith and credit of the provider, littleBits Electronics Inc.

California Residents

If you cancel within thirty (30) days of your Plan receipt, you will receive a full refund less the value of any service provided under the Plan.

Colorado Residents

Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.

Connecticut Residents

The expiration date of the Plan will automatically be extended by the period that the Covered Hardware is in littleBits’ custody while being serviced.

Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of this Plan, to State of Connecticut, Insurance Dept., P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.

Florida Residents

The laws of the State of Florida will govern this Plan and any disputes arising under it. The rate that is charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.

Michigan Residents

If performance of the service contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.

Nevada Residents

Cancellations: No Plan that has been in effect for at least 70 days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds:

  • Failure by the holder to pay an amount due;
  • Conviction of the holder of a crime which results in an increase in the service required;
  • Discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder;
  • Discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan;
  • A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.

Grounds for cancellation; date cancellation effective. No cancellation of a service contract may become effective until at least 15 days after the notice of cancellation is mailed to the holder.

Cancellation of contract; Refund of purchase price; cancellation fee.

  1. If littleBits cancels this Plan, littleBits shall refund to Nevada consumers the portion of the purchase price that is unearned. littleBits may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount
  2. of the refund. If littleBits cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.
  3. Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to littleBits a request in writing to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned.
  4. If you request the cancellation of this Plan pursuant to subsection (ii), littleBits may impose the cancellation fee described in the Plan, but will not deduct the value of any service provided.
  5. When littleBits calculates the amount of a refund pursuant to subsection (ii), it may deduct from the portion of the purchase price that is unearned: (a) any outstanding balance on the account; and (b) any cancellation fee imposed pursuant to this Plan. littleBits Electronics Inc. backs this Plan for Nevada residents by its full faith and credit.

New Hampshire Residents

In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State Of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416. The arbitration agreement provision of this Plan is subject to Revised Statutes Annotated 542.

New Mexico Residents

Cancellations: No Plan that has been in effect for at least 70 days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds:

  1. Failure by the holder to pay an amount due;
  2. Conviction of the holder of a crime which results in an increase in the service required;
  3. Discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder;
  4. Discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan;
  1. A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.

North Carolina Residents

The purchase of this Plan is not required either to purchase or to obtain financing for computer equipment.

Oregon Residents

The arbitration agreement provision of this Plan is amended to add the following: Any award rendered in accordance with this Plan’s arbitration agreement shall be a nonbinding award against you, provided that you reject the arbitration decision in writing to us within forty-five (45) days of the arbitrator’s award. Under no circumstances shall a legal proceeding be filed in a federal, state or local court until such time as both you and we obtain an arbitration award pursuant to this arbitration agreement. This arbitration agreement does not require you to waive your right to a jury trial in any individual legal proceeding you may file. Any arbitration occurring under this Plan shall be administered in accordance with the Arbitration Rules unless any procedural requirement of the Arbitration Rules is inconsistent with the Oregon Uniform Arbitration Act in which case the Oregon Uniform Act shall control as to such procedural requirement.

South Carolina Residents

Unresolved complaints or Plan regulation questions may be addressed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.

Tennessee Residents

This Plan shall be extended as follows: (1) the number of days the consumer is deprived of the use of the product because the product is in repair; plus two (2) additional workdays.

Texas Residents

The provider may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by the holder relating to the Covered Hardware or its use. Unresolved complaints or Contract regulation questions may be addressed to the TX Dept. of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.

Wisconsin Residents

THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

If you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel more than thirty (30) days after your receipt of the Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of unexpired Coverage Period, less a cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) of the pro-rata amount, whichever is less. No deduction shall be made from the refund for the cost of any service received. littleBits will not cancel this plan EXCEPT for failure to pay the purchase price for the plan. If littleBits cancels the Plan, you will receive a pro-rata refund for the Plan’s unexpired term.

The second and third sentences of the first paragraph of the arbitration agreement provision of this Plan are replaced with the following: “TO RESOLVE DISPUTES, YOU MAY CHOOSE EITHER BINDING ARBITRATION, PURSUANT TO THE ARBITRATION AGREEMENT PROVISION OF THIS CONTRACT, OR SMALL CLAIMS COURT. BY AGREEING TO THIS CONTRACT, YOU AND WE WAIVE THE RIGHT TO HAVE DISPUTES RESOLVED THROUGH COURTS OF GENERAL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS OR OTHER SIMILAR PROCEEDINGS.” The phrase “and is governed by the Federal Arbitration Act” in the first sentence of subparagraph (a) of the arbitration agreement provision of this contract is deleted in its entirety.

Wyoming Residents

If littleBits cancels this Plan, littleBits will mail to you written notice of the cancellation at your last known address contained in littleBits records no less than ten (10) days prior to the effective cancellation date. The prior written notice will contain the effective date of cancellation and the reasons for cancellation. littleBits is not obligated to provide prior notice if cancellation is due to nonpayment of the Plan, a material misrepresentation by you to littleBits, a substantial breach of your duties under the Plan or a substantial breach of your duties relating to the Covered Hardware or its use.The arbitration agreement provision of this Plan is replaced with the following: “If there are disputes between you and littleBits that are not resolved by negotiations, you and we may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings shall be conducted within the state of Wyoming.”


Toll-Free Number: U.S only: (888) 440-3906, Monday through Friday, 9 am to 5 pm Eastern Time.

* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at https://littlebits.com/pages/warranty/