Terms of Use - Conscious Discipline
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Terms of Use

The effective date of this Agreement is February 25, 2011.

Welcome to websites affiliated with Loving Guidance and its affiliated sites, including lovingguidance.com, consciousdiscipline.com, and beckybailey.com (collectively “the Site”). Loving Guidance, Inc. and/or its affiliates ("Loving Guidance") provide website features to you subject to the following conditions. If you visit or shop at lovingguidance.com, consciousdiscipline.com and/or beckybailey.com, you accept these Terms of Use and our Privacy Policy (collectively “Terms”). Please read them carefully. By using our Sites, in any way, you are agreeing to comply with these Terms. In addition, when you use any current or future Loving Guidance service or business (e.g., Positive Messages Board, Wish Well Board, downloading session handouts, free stuff, etc.) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

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.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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.

TRADEMARKS

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.

YOUR ACCOUNT

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.

PRODUCT DESCRIPTIONS

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.

PRICING

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.

INDEMNITY

You agree to indemnify and hold Loving Guidance and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, associates, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) any user content posted, uploaded or transmitted by you, (iv) your use or distribution of any user content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

APPLICABLE LAW

By visiting lovingguidance.com, consciousdiscipline.com and/or beckybailey.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Loving Guidance.

DISPUTES

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

We reserve the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Loving Guidance in any respect whatsoever. These Terms of Use, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Loving Guidance regarding use of the Site.

Loving Guidance's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

CONTACT AND VIOLATIONS

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to tosinquiry@lovingguidance.com.

OUR ADDRESS

Loving Guidance
P.O. Box 622407
Oviedo, FL 32762

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.

  • A physical signature of the person authorized to act on behalf of the owner of the copyright of interest or trademark of interest.
  • FOR COPYRIGHT INFRINGEMENT: A description of the copyrighted work that you claim has been infringed upon, including a copy of the copyright registration if one exists.
  • FOR TRADEMARK INFRINGEMENT: The trademark that you claim has been infringed including a copy of the trademark registration if one exists, and identification of the goods and/or services associated with the alleged infringed trademark.
  • A description of where the material that you claim is infringing is located on the Site, if applicable.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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
Beusse Wolter Sanks Mora & Maire, P.A.
390 North Orange Avenue, Suite 2500
Orlando, Florida 32801
USA
Fax: 407.926.7720

 
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