The effective date of this Agreement is February 25, 2011.
Loving Guidance reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at lovingguidance.com, beckybailey.com, and/or consciousdiscipline.com, and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any Site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Site, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site are owned by Loving Guidance or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Loving Guidance and protected by U.S. and international copyright laws. All software used on the Site is the property of Loving Guidance or its software suppliers and protected by United States and international copyright laws.
Numerous marks, such as but not limited to LOVING GUIDANCE, CONSCIOUS DISCIPLINE, and other Site graphics, logos, page headers, button icons, scripts, and service names are common law trademarks, registered trademarks or trade dress of Loving Guidance in the U.S. and/or other countries. Loving Guidance's trademarks and trade dress may not be used in connection with any product or service that is not Loving Guidance's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Loving Guidance. All other trademarks not owned by Loving Guidance that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Loving Guidance.
LICENSE AND SITE ACCESS
Loving Guidance grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Loving Guidance. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Loving Guidance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loving Guidance without express written consent. You may not use any meta tags or any other "hidden text" utilizing Loving Guidance's name or trademarks without the express written consent of Loving Guidance. Any unauthorized use terminates the permission or license granted by Loving Guidance. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lovingguidance.com or consciousdiscipline.com so long as the link does not portray Loving Guidance, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Loving Guidance logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Loving Guidance does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use lovingguidance.com beckybailey.com and/or consciousdiscipline.com only with involvement of a parent or guardian. Loving Guidance reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post comments, messages, and other content, so long as the content is not harassing, illegal, obscene, threatening, defamatory, embarrassing, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Loving Guidance reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
If you do post content or submit material, and unless we indicate otherwise, you grant Loving Guidance a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Loving Guidance and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Loving Guidance for all claims resulting from content you supply. Loving Guidance has the right but not the obligation to monitor and edit or remove any activity or content. Loving Guidance takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT AND TRADEMARK COMPLAINTS
Loving Guidance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or trademark infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement and Trademark Infringement.
Loving Guidance attempts to be as accurate as possible. However, Loving Guidance does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by Loving Guidance itself is not as described, your sole remedy is to return it in unused condition.
We cannot always confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items we offer for sale may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Loving Guidance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY LOVING GUIDANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOVING GUIDANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOVING GUIDANCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOVING GUIDANCE DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR E-MAIL SENT FROM LOVING GUIDANCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOVING GUIDANCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to lovingguidance.com, consciousdiscipline.com and/or beckybailey.com or to products or services sold or distributed by Loving Guidance or through lovingguidance.com, consciousdiscipline.com and/or beckybailey.com shall be resolved first by face- to-face mediation (each party sharing the cost for a mediator) to take place in Orlando, Florida, and if not resolved then via binding arbitration conducted in Orlando, Florida, in accordance with the rules of the American Arbitration Association.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
CONTACT AND VIOLATIONS
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to firstname.lastname@example.org.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT AND TRADEMARK INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or that a mark is being used that constitutes trademark infringement, kindly provide Loving Guidance’s intellectual property attorney the written information specified below. Please note that this procedure is exclusively for notifying Loving Guidance that your copyrighted material and/or trademark have been infringed.
Loving Guidance’s Intellectual Property attorney for notice of claims of copyright infringement and/or trademark infringement on its Site can be reached as follows:
Loving Guidance’s Intellectual Property Attorneys