Last modified: June 2025

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING

ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN

SECTION XVI.

Thank you for choosing OTTER TOTS LLC (“Otter Tots”). By using and upon payment of Otter

Tots’ services and resources, you agree to these “Terms of Use.” If you disagree with any of the

terms below, Otter Tots does not grant you a license to use any of Otter Tots’ services, applications,

systems, website, resources or other offerings (collectively, “Services” and individually a

“Service”). Otter Tots reserves the right to update and change, from time to time, these Terms of

Use and all documents incorporated by reference. You can find the most recent version of these

new version without notice to you. Use of Otter Tots after such change constitutes acceptance of

such changes. THE USE OF ANY OTTER TOTS SERVICE WILL CONSTITUTE

ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE

ABOVE, PLEASE DO NOT UTILIZE OTTER TOTS’ SERVICES.

Otter Tots LLC, an Ohio limited liability company, provides a variety of services and features

directed to the activity kit rental and purchase services for your children (“Services”). The Otter

Tot Services are provided through its website www.ottertotscle.com, related mobile applications

and subdomains (collectively, “Sites” and individually a “Site”).

I. Definitions

The following terms as used in this Terms of Use should be defined as follows:

A. Website: “Website” refers to the online platform operated by Otter Tots LLC, accessible

at www.ottertotslcle.com, which provides services related to renting and purchasing toy kits

catered to children of a specific age, group, or demographic.

B. User: “User” means any individual who accesses or uses the Website, including, but not

limited to, any adult renting or purchasing on behalf of a child, or any other visitor or participant.

C. Toys: “Toys” means an object for a child to play with, including, but not limited to books,

activity books, sensory and art materials, fidget and fine motor toys, construction/building toys,

toy vehicles and tracks, puzzles and games, pretend play toys, infant toys and teethers, and outdoor

play toys. The types of toys and brands of the Toys used are attached hereto on Schedule 1.

II. Licensed Uses and Restrictions

Otter Tots, LLC agrees to license to you, on a worldwide, unless prohibited by law, non-exclusive,

non-sublicensable basis on the terms and conditions set forth herein. These Terms of Use definelegal use of the Otter Tots’ Services, all updates, revisions, substitutions, and any copies made by

or for you. All rights not expressly granted to you are reserved by Otter Tots.

A. Subject to the restrictions set forth in these Terms of Use, you may use Services and any

updates provided by Otter Tots (in its sole discretion). Your license to use the Services under these

time technical trouble issues may occur. Otter Tots will use reasonable business efforts to correct

such issues. You may terminate the license by discontinuing use of all of the Services. Otter Tots

may terminate the license at any time for any reason. These Terms of Use terminate automatically

if (i) you violate any term of these Terms of Use, (ii) Otter Tots publicly posts a written notice of

termination on Otter Tots’ web site, (iii) Otter Tots sends a written notice of termination to you,

or (iv) Otter Tots ceases providing access to Services to you.

B. You agree to provide, maintain and update true, accurate, current and complete information

about yourself as requested by Otter Tots. If you provide any information that does not satisfy this

provision, or Otter Tots has reasonable grounds to suspect as much, Otter Tots has the right to

suspend or terminate your access to Services and refuse your access to any and all current or future

use of the Services. You also agree (a) to promptly notify Otter Tots at ottertotscle@gmail.com of

any unauthorized use of the Services that you become aware of within three (3) business days.

Otter Tots explicitly disclaims liability for any and all losses and damages arising from your failure

to comply with this section and/or any unauthorized use of the Services.

C. You understand that there may be fees for use of the Otter Tots’ Services and licensing

fees. You agree that you shall submit payment for these fees and any other fees imposed by Otter

Tots, in Otter Tots’ sole discretion. The amount of a fee may change from time to time in Otter

Tots’ sole discretion, effective immediately upon posting. You understand and agree that

programmatic methods intended to subvert a fee are considered a violation of these Terms of Use.

D. By agreeing to these Terms of Use, you represent that you are at least the age of majority

in your state or province of residence.

E. To use Otter Tots’ Services, you must agree to these Terms of Use.

F. YOU SHALL NOT:

1. Use the Services in connection with or to promote any products, services, or

materials that constitute, promote or are used primarily for the purpose of dealing

in: spyware, adware, or other malicious programs or code, counterfeit goods, items

subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from

protected animal/plant species, recalled goods,

hacking/surveillance/interception/descrambling equipment, cigarettes, illegal

drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices,

pornography, prostitution, body parts and bodily fluids, stolen products and items

used for theft, fireworks, explosives, and hazardous materials, government IDs,

police items, unlicensed trade or dealing in stocks and securities, gambling items,

2professional services regulated by state licensing regimes, non-transferable items,

non-packaged food items, weapons and accessories;

2. Use the Services in connection with any commercial activity, or in connection with

any materials, website, or application which is unlawful, harmful, threatening,

abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of

another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or

which advertises for a product or service which is unlawful, harmful, threatening,

abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of

another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

3. Use the Services in any manner or for any purpose that violates any law or

regulation, any right of any person, including but not limited to intellectual property

rights, rights of privacy, or rights of personality, or in any manner inconsistent with

these Terms of Use;

4. Sell, lease, or sublicense the Services or access thereto without Otter Tots’ prior,

express, written permission;

5. Use the Services in a manner that exceeds reasonable request volume, constitutes

excessive or abusive usage, or otherwise fails to comply or is inconsistent with any

part of these Terms of Use;

6. Reverse engineer, decompile, or otherwise separate the content contained within

any Service; or

7. Use a Service in any manner that competes with products or services offered by

Otter Tots.

G. If you wish to use the Services in any manner or for any purpose inconsistent with these

be granted or denied in Otter Tots’ sole discretion. To request such authorization, email us at

ottertotscle@gmail.com.

III. Services Offered

Otter Tots provides engaging, hands-on activity kits designed to encourage creative play, fine

motor skill development, and sensory exploration for children. We offer two types of play kits:

Rental Kits and Purchase Kits.

A. Rental Kits. Otter Tots rental services allows families to borrow carefully curated activity

kits for short-term use, ideal for playdates, special occasions, or simply adding variety to a child’s

routine. Each Rental Kit may contain a combination of the following: age-appropriate wooden and

plastic toys, sensory play materials (excluding single-use items, including sensory dough, stickers,

and crayons), fine motor and gross motor skill-building activities, themed play sets (e.g., pretend

3play, building blocks, puzzles), and early learning activities (shapes, colors, numbers, and letter

recognition).

1. Pricing. Pricing for Rental Kits varies depending on size and are available on a per-

day basis.

● Small Kit – Includes 8-10 toys and activities at $15/day

● Large Kit – Includes 12-15 toys and activities at $25/day

2. Returns. Items must be returned in gently used condition. Additional charges may

apply for missing or irreparably damaged items with a retail value of ten dollars

($10) or more. Items clearly labeled “Art Materials Set” and “Sensory Dough Set”

do not need to be returned.

3. Cleaning and Sanitization. Returned items are cleaned with a detergent solution

and sanitized using methods recommended by the United States Environmental

Protection Agency (US EPA).

B. Purchase Kits (Tot-2-Go Kits). For families looking for a permanent addition to their

child’s activity collection, the Tot-2-Go Kits provide a curated set of engaging toys and activities

designed for long-term use. Each Tot-2-Go Kit includes a combination of the following: age-

appropriate wooden and plastic toys, sensory play materials including single-use sensory dough or

other one-time-use craft materials, fine motor and gross motor skill-building activities, themed

play sets (e.g., pretend play, building blocks, puzzles), early learning activities (shapes, colors,

numbers, and letter recognition), and portable packaging for easy transport.

1. Pricing. Tot-2-Go Kits include 10-12 toys and activities at a price of $40 (one-time

purchase).

2. Returns. Once purchased, Tot-2-Go Kits belong to the customer and are not

eligible for returns or exchanges.

C. Customization. Customers may request customize kits to reflect children’s interests or age

range via email at ottertotscle@gmail.com.

D. Order Processing and Pickup Policy.

1. Order Processing Time. Orders will be prepared and ready for pickup within five

(5) to seven (7) business days from the date of the purchase. You will be notified

once the order is ready.

2. Pickup Location. All orders will be available for pickup at the designated safe

Internet Purchase Exchange location situated at the Solon Police Department –

33000 Solon Rd, Solon, OH 44139 at a mutually agreed-upon pickup time as

determined by both Otter Tots and the customer. Alternatively, pickup may occur

4at another mutually agreed-upon Safe Internet Exchange location, as determined by

both Otter Tots and the customer.

3. Pickup Time. Once you are notified that the order is ready, you will designate a

pickup time that is agreed upon between you and Otter Tots. Pickup must occur

within one (1) hour of the agreed-upon pickup time. Otter Tots will send reminders

prior to the agreed-upon pickup time.

4. Required for Pickup. To retrieve the order, you must present: (1) a valid receipt

or order confirmation for the purchase, and (2) a valid confirmation of the agreed-

upon pickup time.

5. Missed Pickup Policy. Failure to retrieve an order within the designated one-hour

window will result in forfeiture of the initial pickup opportunity. In such cases, you

will not be entitled to a refund, but may reschedule one (1) additional pickup time

at Otter Tots’ sole discretion. No further pickup attempt will be permitted after the

second scheduled time.

6. Limitation of Liability. Otter Tots is not liable for the release of an order to any

individual who presents valid proof of receipt and confirmation of a scheduled

pickup time, regardless of whether that individual is the original purchaser.

IV. Payments and Pricing Policy

A. Payment Methods. Payments of fees associated with the Rental or Purchase of Kits

described in Section III. Services Offered. may be made through the following payment methods:

1. Stripe: Payments can be made using Stripe, an online payment processing platform.

B. Additional Terms.

1. Payment Responsibilities. You understand that you are responsible for the agreed-

upon rate of services through any of the payment methods described above in

Subsection A. Payment Methods. Payment terms may vary depending on the

agreement entered into between Otter Tots and the customer. Otter Tots is not

responsible for any overdraft charges, over-limit charges, NSF fees by your bank

or credit card company, or for any credit card theft or fraud that results from

utilizing any of the payment methods described above in Subsection A. Payment

Methods. Fees for services may be prepaid.

2. Specifications and Pricing. All prices and services described above in Section III.

Services Offered are subject to change at any time without notice. Otter Tots is not

liable to you or to any third-party for any modification, price change, suspension or

discontinuance of a Service.

53. Additional Charges. Applicable taxes and other charges such as duties, customs,

tariffs, and imposed or government-imposed surcharges, are not included in the

price and will be stated separately on the invoice or receipt.

4. Rights Reserved. Otter Tots reserves the right to apply additional charges to any

missing or irreparably damaged items with a retail value of ten dollars ($10) or

more.

V. User-Provided Content.

For all reviews, comments, feedback, suggestions, ideas, creative ideas, proposals, plans, or other

materials and other submissions disclosed, submitted whether online, by email, by postal mail, or

otherwise (collectively, “comments”), submitted or offered in connection with your use of the Site

and Services (other than personally identifiable information, which is subject to Otter Tots Privacy

Policy) (collectively, the “User-Provided Content”), you grant Otter Tots a royalty-free,

irrevocable, transferable right and license to use the User-Provided Content however Otter Tots

desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish,

translate, create derivative works from and/or sell and/or distribute such User-Provided Content

and/or incorporate such User-Provided Content into any form, medium or technology throughout

the world.

Otter Tots will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from,

publish, display and distribute any User-Provided Content you submit for any purpose whatsoever,

without restriction and without compensating you in any way. Otter Tots is and shall be under no

obligation (1) to maintain any User-Provided Content in confidence; (2) to pay to user any

compensation for any User-Provided Content; or (3) to respond to any user User-Provided Content.

You agree that any User-Provided content submitted by you to the Site will not violate these Terms

of Use or any right of any third party, including, without limitation, copyright, trademark, privacy

or other personal or proprietary right(s), and will not cause injury to any person or entity. You

further agree that no User-Provided Content submitted by you to the Site will be or contain libelous

or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses,

political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”

Otter Tots does not regularly review User-Provided Content, but does reserve the right (but not the

obligation) to monitor and edit or remove any User-Provided Content submitted to the Site. We

may, but have no obligation to, monitor, edit or remove contact that we determine in our sole

discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or

otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You

grant us the right to use the name that you submit in connection with any User-Provided Content.

You agree not to use a false email address, impersonate any person or entity, or otherwise mislead

as to the origin of any User-Provided Content you submit. You are and shall remain solely

responsible for the content of any User-Provided Content you provide and you agree to indemnify

Otter Tots for any claims resulting from any User-Provided Content you submit. Otter Tots takes

no responsibility and assumes no liability for any User-Provided Content submitted by you or any

third party.

6VI. Third Parties.

1. Intellectual Property Disclaimer. All product names, logos, and trademarks are

the property of their respective brand owners. All company product, and service

names used in this service are for identification purposes only. Use of these names,

logos, and brands does not imply endorsement, sponsorship, or affiliation.

2. First Sale Doctrine Notice. Otter Tots sources previously owned and new toys and

games from third parties. These products are resold or rented in compliance with

the “first sale doctrine” as codified in 17 U.S.C. § 109. Otter Tots does not

manufacture or distribute new brand name products, nor does Otter Tots claim to

be affiliated with, endorsed by, or sponsored by any brand owner.

3. Customer Acknowledgment. By using this service, you acknowledge that Otter

Tots is not affiliated with any third-party manufacturer or brand whose products

may appear in our offerings.

VII. Ownership and Relationship of Parties

The Services may be protected by copyrights, trademarks, service marks, international treaties,

and/or other proprietary rights and laws of the U.S. and other countries. Otter Tots’ rights apply to

the Services and all output and executables of the Services, excluding any software components

developed by you which do not themselves incorporate the Services or any output or executables

of the Services. You agree to abide by all applicable proprietary rights laws and other laws, as well

as any additional copyright notices or restrictions contained in these Terms of Use. Otter Tots owns

all rights, title, and interest in and to the Services. These Terms of Use grant you no right, title, or

interest in any intellectual property owned or licensed by Otter Tots, including (but not limited to)

the Services and Otter Tots trademarks.

VIII. Support

Otter Tots may elect to provide you with support or modifications for the Services (collectively,

“Support”), in its sole discretion, and may terminate such Support at any time without notice to

you. Otter Tots may change, suspend, or discontinue any aspect of the Services at any time,

including the availability of any Service. Otter Tots may also impose limits on certain features and

services or restrict your access to parts or all of the Services or the Otter Tots website without

notice or liability.

IX. Safety Disclaimer

ALL TOYS AND ACTIVITIES PROVIDED BY OTTER TOTS ARE INTENDED FOR

USE UNDER ADULT SUPERVISION ONLY. WHILE WE STRIVE TO INCLUDE AGE-

APPROPRIATE, DEVELOPMENTALLY BENEFICIAL ITEMS IN EACH KIT, IT IS

THE RESPONSIBILITY OF THE PARENT OR GUARDIAN TO MONITOR THEIR

CHILD’S USE OF EACH TOY OR ACTIVITY AT ALL TIMES.

7SOME ITEMS INCLUDED IN OUR KITS MAY CONTAIN SMALL PARTS THAT POSE

A CHOKING HAZARD FOR YOUNG CHILDREN. THESE TOYS ARE NOT INTENDED

FOR CHILDREN UNDER THREE (3) YEARS OF AGE UNLESS EXPLICITLY

LABELED AS SUITABLE FOR THAT AGE GROUP. PARENTS OR GUARDIANS ARE

RESPONSIBLE FOR READING LABELS AND EVALUATING THE SAFETY OF EACH

ITEM FOR THEIR CHILD.

SENSORY MATERIALS SUCH AS DOUGH, PUTTY, OR OTHER CRAFT ITEMS MAY

CONTAIN COMMON ALLERGENS (e.g., WHEAT, GLUTEN, ESSENTIAL OILS,

LUBRICANTS, SURFACTANTS, ETC.) OTTER TOTS IS NOT LIABLE FOR ANY

ALLERGIC REACTIONS OR SENSITIVITIES THAT MAY RESULT FROM THE USE

OF THESE MATERIALS. IF YOUR CHILD HAS KNOWN ALLERGIES OR

SENSITIVITIES, PLEASE NOTIFY US SO WE CAN TRY TO ACCOMMODATE OR

ADVISE ACCORDINGLY.

THE TOYS AND ACTIVITIES INCLUDED IN OUR KITS ARE MANUFACTURED BY

THIRD PARTIES AND ARE NOT THE INTELLECTUAL PROPERTY OF OTTER TOTS’ AS

STATED IN SUBSECTION VI. THIRD PARTIES. OTTER TOTS DOES NOT MAKE ANY

REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, QUALITY, OR

SUITABILITY OF THESE TOYS BEYOND WHAT IS PROVIDED BY THE ORIGINAL

MANUFACTURERS. FOR COMPLETE PRODUCT INFORMATION, WARNINGS, AND

BY THE TOY MANUFACTURERS. A LIST OF TOY MANUFACTURERS IS ATTACHED

HERETO AS SCHEDULE 1 FOR YOUR REFERENCE.

OTTER TOTS KITS ARE INTENDED FOR RECREATIONAL AND EDUCATIONAL

PURPOSES. THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL THERAPEUTIC,

DEVELOPMENTAL, OR MEDICAL SERVICES, AND WE MAKE NO CLAIMS

REGARDING THERAPEUTIC BENEFITS.

X. Limitation of Liability

A. ASSUMPTION OF RISK. BY USING OUR PRODUCTS AND SERVICES, YOU

ACKNOWLEDGE AND ACCEPT THAT THERE ARE INHERENT RISKS ASSOCIATED

WITH THE USE OF TOYS AND PLAY MATERIALS, INCLUDING BUT NOT LIMITED TO,

CHOKING, ALLERGIC REACTIONS, OR PHYSICAL INJURY. YOU VOLUNTARILY

ASSUME ALL RESPONSIBILITY AND RISK ASSOCIATED WITH THE USE OF ANY

ITEM PROVIDED BY OTTER TOTS.

B. DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE

THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL OTTER TOTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES ARISING

OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS,

INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY

THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT

8APPLY TO LIABILITY OF OTTER TOTS FOR: (I) DEATH OR PERSONAL INJURY

CAUSED BY OTTER TOTS’ NEGLIGENCE; (II) OTTER TOTS’ FRAUD OR FRAUDULENT

MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH IS NOT LAWFUL TO

EXCLUDE.

C. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO YOUR

STATUTORY RIGHTS, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH

ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTTER

TOTS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND

CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM

USE OF THE SERVICES. IN PARTICULAR, AND WITHOUT LIMITATION: TO THE

FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OTTER TOTS MAKES NO

WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL

MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SERVICES WILL BE

UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT

MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR

RELIABLE. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN,

OBTAINED FROM OTTER TOTS OR THROUGH THE SERVICES WILL CREATE ANY

WARRANTY NOT EXPRESSLY MADE HEREIN.

XI. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES

OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS

OF SECTION IX. LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

XII. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims

against Otter Tots, and its parent companies, subsidiaries, affiliates, officers, members, directors,

agents, licensors, co-branders or other partners, and employees from any and all liability for

claims, damages (actual and/or consequential), costs and expenses (including litigation costs and

attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the

Services. If you are a California resident, you waive your rights under California Civil Code

§ 1542, which states, “A general release does not extend to claims which the creditor does not

know or suspect to exist in his favor at the time of executing the release, which if known by him

must have materially affected his settlement with the debtor.” You understand that any fact relating

to any matter covered by this release may be found to be other than now believed to be true and

you accept and assume the risk of such possible differences in fact. In addition, you expressly

waive and relinquish any and all rights and benefits which you may have under any other state or

federal statute or common law principle of similar effect, to the fullest extent permitted by law.

9XIII. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify

Otter Tots and its parent companies, subsidiaries, affiliates, officers, members, directors, agents,

licensors, co-branders or other partners, and employees from and against any third party claim

arising from or in any way related to your use of the Services, including any liability or expense

arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation

costs and attorneys’ fees, of every kind and nature. Otter Tots shall use good faith efforts to provide

you with written notice of such claim, suit or action.

XIV. Collection of Personal Information

By placing an order with Otter Tots, you agree to Otter Tots’ use of your personal information as

described in Otter Tots’ Privacy Policy, located at www.ottertotscle.com.

XV. Otter Tots’ Reservation of Rights

Otter Tots expressly reserves the right to immediately modify, suspend or terminate your access

and use of the Services, if Otter Tots, in its sole discretion: (a) believes you have violated or tried

to violate the rights of others; (b) becomes aware of information indicating a safety concern for

you, other Otter Tots customers or clients, or the general public, or (c) believes that you have acted

inconsistently with the spirit or letter of these Terms of Use. The Services, and its related benefits

are offered at the discretion of Otter Tots, and Otter Tots has the right to modify or discontinue,

temporarily or permanently, the Services, in whole or in part for any reason, with or without notice

to you. You agree that Otter Tots will not be liable to you or to any third party for any modifications

or discontinuance of the Services.

XVI. Binding Arbitration and Class Action Waiver

1. Binding Arbitration. To the fullest extent permitted by applicable law, any dispute, claim,

or controversy arising out of or relating to these Terms of Use or your use of the Services shall be

resolved through binding individual arbitration administered by the American Arbitration

Association (AAA), rather than in court. The arbitration will follow the AAA’s Consumer

Arbitration Rules (available at www.adr.org) and will be held in Summit County, Ohio.

2. Jury Trial and Class Action Waiver. You and Otter Tots agree to waive any right to

a jury trial or to participate in a class action lawsuit. All claims must be brought in an individual

capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration

provisions will be void.

3. Informal Resolution Attempt. Before initiating in arbitration, the parties agree to attempt

informal resolution by contacting the other party in writing and engaging in good faith negotiations

for 30 days. If the dispute remains unresolved, either party may initiate arbitration.

104. Exceptions. Exceptions to this arbitration requirement include: (i) claims for intellectual

property infringement, which may be brought in a court of law; and (ii) claims eligible for small

claims court in Summit County, Ohio.

5. 30-Day Right to Opt-Out. You may opt out of arbitration within 30 days of your first use

of the Services by sending written notice to: Otter Tots LLC, 2836 Sikes Lane, Twinsburg, OH

44087. If you opt out of arbitration, Otter Tots will not be bound by this arbitration clause.

6. Governing Law. These terms are governed by the laws of the State of Ohio, and for any

disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state courts

located at Summit County, Ohio.

XVII. General Terms

A. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the

independent contractor, agent, employee or employer of the other. You shall not have any authority

to assume or create any obligation for or on behalf of Otter Tots, express or implied, and you shall

not attempt to bind Otter Tots to any contract.

B. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of

competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor

to give effect to the parties’ intentions as reflected in the provision and the other provisions of such

documents remain in full force and effect.

C. Amendment. Otter Tots reserves the right, in its sole and absolute discretion, to change,

modify, add or delete portions of these terms of use at any time without notice, and it is your

responsibility to review these terms of use for any changes. Your use of the Services following

any amendment of these terms of use will signify and constitute your assent to and acceptance of

such revised terms of use.

D. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between

you and Otter Tots shall be governed by the laws of the State of Ohio without regard to its conflict

of law provisions. You and Otter Tots agree to submit to the personal jurisdiction of the courts

located within Summit County, Ohio.

E. No Waiver of Rights by Otter Tots. Otter Tots’ failure to exercise or enforce any right or

provision of the Terms of Use shall not constitute a waiver of such right or provision.

F. Miscellaneous. The section headings and subheadings contained in this agreement are

included for convenience only, and shall not limit or otherwise affect the terms of the Terms of

Use. Any construction or interpretation to be made of the Terms of Use shall not be construed

against the drafter. The Terms of Use constitute the entire agreement between Otter Tots and you

with respect to the subject matter hereof.

11G. Severability. The invalidity or unenforceability of any particular provision of these terms

of use shall not affect the other provisions hereof, and this agreement shall be construed in all

respects as if such invalid or unenforceable provision were omitted. The waiver by Otter Tots of a

breach of any provision of this agreement by you shall not operate or be construed as a waiver of

any subsequent breach by you.

H. Construction. All provisions of these terms of use shall be construed to the fullest extent

permitted by law.

12SCHEDULE 1

LIST OF COMPANIES – OTTER TOTS LLC

Amazon Basics® (Amazon.com, Inc.;

Amazon Technologies, Inc. & Amazon

Services LLC)

B. Toys® (Maison Battat Inc.) Maison Battat Inc. The Baby Einstein Company, LLC (Kids2,

Inc.)

Wise Choice Creations, Inc. dba Baby Paper Bendon, Inc. Kidoozie® (Epoch Everlasting Play LLC)

Kids Preferred, LLC

Lakeshore Learning Materials, LLC

Learning Resources, Inc.

Stanley Black & Decker, Inc. Bright Starts® (Kids2, Inc.) LEGO® (LEGO A/S aka The Lego Group)

The Little Tikes Company (MGA

Entertainment, Inc.)

Magna-Tiles® (MVW Holdings, Inc.)

Manhattan Group, LLC (trade name

Manhattan Toy Company)

Marvel Entertainment, LLC

Buffalo Games, LLC; Ceaco, Inc.; Noir

Puzzles

Carson Dellosa EducationTM (Carson-Dellosa

Publishing Group, LLC)

Mattel, Inc.

Chuckle and RoarTM (Buffalo Games, LLC) Mega BloksTM (Mattel, Inc.)

Constructive Playthings (U.S. Toys

Company, Inc. dba Constructive Playthings)

Melissa & Doug, LLC (Spin Master US

Holdings, Inc.)

Crayola LLC Mobi Games Inc.

Djeco Plus-Plus A/S (Plus-Plus USA, LLC)

Fat Brain Toy Co., LLC Ravensburger AG (Ravensburger North

America, Inc.)

Fisher-Price, Inc. Sassy Baby, Inc. (Crown Crafts, Inc.)

Green Toys, Inc. Scholastic CorporationHap-P-Kid® (Happy Kid Toy Group Limited) Hasbro, Inc. Highlights for Children, Inc. Hot WheelsTM (Mattel, Inc.) Inter IKEA Holding B.V. (IKEA of Sweden

AB).

Sensory Sprouts LLC

Skillmatics® (Grasper Global Private Limited;

Grasper Global Inc.)

SmartNoggin, Inc.

Speed Stacks, Inc.

Wow Toys (Smart Industries NV)

Additional Companies

AnapoliZ Neat-Oh! International, LLC

ANYOHOWGAMES PlasticPro® (YLBR LLC)

Baleine® (StonyDealClub, Inc.) QeeenarTM (Shenzhen Kunyan Network

Technology Co., Ltd.

CYhom (Yiwu Zhanyi Technology Co., Ltd.) RoamReady Limited

Kappa Kids Sandbar Toys LLC

Kids 2, LLC & Kids 2, Inc. Scotamalone® (Shanghai Greatcare Trading &

Developing Co., Ltd)

Kids Toys UVUXO

KOKODI (Takara Tomy) Vorspak

MollyBee Kids® (Molly Bee Kids Company) YSHIHETM (Yuanshihe Electronic Commerce

(Shenzhen) Co., Ltd.)

2SCHEDULE 1 – CONTINUED

LIST OF CATEGORIES (OTTER TOTS PRODUCTS USED)

Books Vehicles and Tracks

Activity Books Puzzles and Games

Sensory and Art Materials Pretend Play Toys

Fidget and Fine Motor Toys Infant Toys and Teethers

Construction/Building Toys Outdoor Play Toys

Otter Tots uses books from publishing companies, including, but not limited to, Scholastic, Inc.;

HarperCollins Children’s Books; Penguin Young Readers (Penguin Random House); Houghton

Mifflin Harcourt; Simon & Schuster Books for Young Readers; etc.