Welcome to www.livinglovingemptynesting.com (henceforth called the “Website”, “Site” or “Content”). The linvinglovingemptynesting.com website is comprised of various web pages operated by Living, Loving, Empty Nesting. Throughout the Site, the terms “we”, “us” and “our” refer to Living, Loving, Empty Nesting. Living, Loving, Empty Nesting offers this Website, including all information/content, products, tools and services available from this Site to you, the user, conditioned upon your acceptance of all Terms, conditions, policies and notices stated herein.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Use”, “Terms”), including those additional Terms and Conditions and policies referenced herein and/or available on our Website. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of Content.
Please read these Terms of Use carefully, as well as our disclaimers and privacy policy, before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use, Disclaimers, and Privacy Policy. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, DISCLAIMERS, AND PRIVACY POLICY, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES, PRODUCTS OR CONTENT CREATED BY US.
Any new features or tools which are added to the Website shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use for any reason by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You waive any right to receive specific notice to you of such changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
The Website is intended for users who are legal adults in your current location. Persons who are not legal adults (in your current location) are not permitted to use or register for this Website. By using this Website, you understand that you are a legal adult entering into a binding contract with our Website, Content, and company. Living, Loving, Empty Nesting does not knowingly collect personal information from persons under the age of thirteen.
This Site is controlled, operated and administered by Living, Loving, Empty Nesting from offices within the United States of America (USA). You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction or country (including but not limited to copyright laws). Accordingly, those persons who choose to access the Site from jurisdictions or countries other than the USA do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This Website is not tailored to comply with industry-specific regulations. You may not use this Site if your interactions would be subjected to industry-specific regulations or laws.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
User Registration
As a user of the Site, you may be required to register with the Site. You agree that it is your responsibility to keep your password confidential. We reserve the right to remove or change a username if we determine, in our sole discretion, that the username is inappropriate, obscene, or objectionable.
All user registration information you submit will be true, accurate, current and complete. It is your responsibility to maintain the accuracy of your information.
If you provide any information that is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any future use of the Site.
Personal Information
Your submission of personal information through the Website is governed by our Privacy Policy. For more information, please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Be advised this Site is hosted in the USA. If you access the Site from any other country with laws or other requirements governing personal data collections, use, or disclosure that differ from applicable laws in the USA, then through your continued use of the Site, you are transferring your data to the USA, and you agree to have your data transferred to and processed in the USA.
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet; (8) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools (9) to collect or track the personal information of others; (10) to spam, phish, pharm, pretext, spider, crawl, or scrape; (11) for any obscene or immoral purpose; or (12) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
Guidelines for User Communication & Contributions
This Site may contain comment sections, chat areas, forums, and/or other message or communication services designed to provide you areas to leave reviews or ratings, post comments, send and/or receive messages and/or materials. You agree when using any of the aforementioned communication services on our Website, you will NOT: (1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (2) publish, post upload, distribute or disseminate any inappropriate, discriminatory, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (3) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto; (4) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operations of another’s computer; (5) advertise or offer to sell or buy any goods or services for any business purpose; (6) conduct or forward surveys, contests, pyramid schemes or chain letters; (7) restrict or prohibit any other user from using and enjoying the communication facilities; (8) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (9) be affiliated with competitors if posting negative reviews; (10) make any conclusions as to the legality of conduct; (11) post any false or misleading statements; (12) organize a campaign encouraging others to post, whether positive or negative; and (13) violate any applicable laws or regulations.
Living, Loving, Empty Nesting has no obligation to monitor, screen or delete the user’s communications, even if anyone considers the communications to be inaccurate or objectionable. However, Living, Loving, Empty Nesting reserves the right to review communications posted to their Website and to remove any information or materials at its sole discretion. User’s communication on this Website is not endorsed by us, and does not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review.
Living, Loving, Empty Nesting reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
Living, Loving, Empty Nesting disclaims any liability to your communications on this Site and any actions resulting from your participation in any Communications on this Site.
Materials that you upload to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
User’s Comments, Feedback and Other Submissions
If you send submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we (including our affiliated companies and necessary sublicensees) may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content 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 agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Electronic Communications
Visiting our Website, sending emails to Living, Loving, Empty Nesting, and completing online forms constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Site Interruptions
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems resulting in interruptions delays, and/or errors. We may also need to perform maintenance related to the Site, which will result in Site interruptions, delays and/or errors. We reserve the right to perform this maintenance at anytime or for any reason without notice to you. You agree the we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
Products or Services
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Modification of the Service and Prices
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of Billing Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
Third-Party Website, Links, Content & Tools
Certain Content, products and services available via our Service may include materials from third-parties. We may provide you with access to third-party websites, links, content and tools over which we neither monitor nor have any control nor input. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Living, Loving, Empty Nesting is only providing these links to you as a convenience, and the inclusion of any link does not imply the endorsement by us of the third-party Website or any association with its operators.
You acknowledge and agree that we provide access to such websites, links, content and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party websites, links, content and tools.
By connecting to a third-party website through our Website, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you don not want information about you to be shared in this manner, do not use this feature.
Any use by you of optional third-party website, links, content and tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
Our Website allows advertisers to display their advertisements and other information in the sidebar or banner area of our Site. Advertisers shall take full responsibility for any advertisements placed on our Site and any services provided on our Site or products sold through those advertisements. As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including but not limited to, intellectual property rights, publicity rights, and contractual rights. Our Website only provides the space to place such advertisements, and have no other relationship with advertisers.
Intellectual Property
All Content, such as Website design, text, graphic, logos, images, audio, video; as well as, any software used on the Site is the property of Living, Loving, Empty Nesting and is protected by copyright and other laws that protect intellectual property and proprietary rights.
No part of the Site and no Content, in whole or in part found on this Site, may be published, modified, copied, reproduced, aggregated, republished, reverse engineered, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose by you, without our express prior written permission.
You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access to solely for your personal, non-commercial use. You agree that you do not acquire any ownership rights in any protected Content.
We respect the intellectual property rights of others. Please notify us if you believe that any Content available on or through our Site infringes upon any copyright you own or control. Notification will be sent to the person who posted the content addressed. Please be advised that pursuant to applicable law you may be held liable for damages if you make content misrepresentations in your notification. If you are not sure that the content located on or linked to the Site is a copyright infringement, you should consider contacting an attorney first.
Disclaimer of Warranties
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Limitations of Liability
IN NO CASE SHALL LIVING, LOVING, EMPTY NESTING, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless Living, Loving, Empty Nesting and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use shall remain in full force and effect while you use the Site. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
Entire Agreement Enforcement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Oklahoma in the USA.
Consent
By using our Website, you hereby consent to our Terms of Use and agree to its terms.
Updates and Changes to Terms of Use
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Effective as of September 2020
Last updated October 2020
Contact Us
Please let us know if you require any more information or have any questions about our Website’s Terms of Use. Please feel free to contact us by email at livinglovingemptynesting@gmail.com.