Terms and Conditions
These terms and conditions govern all users’ use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you regard the terms and conditions set forth above to be unreasonable, you must not use this website.
Breaches of these terms and conditions
Without prejudice to Living in Sunshine, Maddy Fry (“the Company”) other rights under these terms and conditions, any breach of these terms and conditions in any way shall allow the Company to take such action as the Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Limitations of liability
The Company will not be liable to you in any way in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even where the Company has been expressly advised of the potential loss.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Company’s express written consent.
License to use website
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public; or
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company’s liability in respect of any:
- death or personal injury caused by the Company’s negligence or alleged negligence or willful conduct;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with all relevant and governing law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Texas, United States.
Your use of this website signifies your agreement to indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
However, the user may not transfer, sub-contract or otherwise deal with his or her rights and/or obligations under these terms and conditions.
These terms and conditions constitute the entire agreement between you and the Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Registrations and authorizations
Living in Sunshine, LLC’s details:
The full name of the Company is Living in Sunshine, LLC.
The Company is registered in the state of Texas under registration number 804368353.
Living in Sunshine, LLC registered address is 11808 W Vitex Cr. El Paso TX 79936.
You can contact the Company by email to firstname.lastname@example.org
WHO WE ARE
This privacy notice discloses our privacy policies and practices for our Website. The privacy notice applies solely to information collected by this Website. It will notify you of the following:
- Which personal information is collected from you via the Website, how that information is used, and with whom that information may be shared.
- The choices that are available to you regarding the use of your data.
- All security procedures in place to protect the misuse of your information.
- The ways by which you may correct inaccuracies in the information.
“Account” means an individual account created for you to access our Service or parts of our Service.
“Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Living in Sunshine, LLC.
“Country” refers to United States of America.
“Cookies” are small files placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that Website among its many uses.
“Device” means any device that can access our Website, such as a computer, a cell phone, or a digital tablet.
“Do Not Track” (“DNT”) is a concept that has been promoted by U.S. regulatory authorities (in particular, the U.S. Federal Trade Commission (“FTC”)), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.
“Personal Data” is any information related to an identified or identifiable individual.
“Service” refers to the Website.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate our Website, provide our Website on behalf of the Company, perform services related to our Website, or assist the Company in analyzing how our Website is used.
“Usage Data” refers to data collected automatically, either generated by the use of our Website or from our Website infrastructure itself (for example, the duration of a page visit).
“Website” refers to livingnsunshine.com accessible from https://livingnsunshine.com/
“You” means the individual accessing or using our Website, or the Company, or other legal entity on behalf of which such individual is accessing or using our Website, as applicable.
INFORMATION COLLECTION, USE, AND SHARING
We collect the following data:
- Personal identification information, such as name, email address, phone number, etc.
We are the only owners of all information collected on and by this Website. We shall only have access to or collect information that you voluntarily give us via email or other direct forms of contact from you. We will not sell or rent your information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization except as necessary to fulfill your request (for example, to ship an order).
COMPANY’S USE OF INFORMATION
The Company may use your information for the following purposes:
- To provide and maintain our Service, including monitoring our Service’s usage.
- To manage your Account: to manage your registration as a service user. The personal data you provide can give you access to different Service functionalities that are available to you as a registered user.
- For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with us through the Service.
- To contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide you with updates, special offers, and general information about other goods, services, and events that we offer that are similar to those you have already purchased or inquired about unless you have opted not to receive such information.
- To manage Your requests: To attend and manage your requests to us.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our service users is among the assets transferred.
- For marketing: Our Company would like to send you information about our products and/or services that we think you might like, as well as those of our partner companies. Companies that will receive the data are: flodesk.com. If you have agreed to receive marketing content, you may opt-out. You have the right at any time to stop us from contacting you for marketing purposes or giving your data to other organizations.
- For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing, and your experience.
We may share your personal information in the following situations:
- With Service Providers: We may share your personal information with service providers to monitor and analyze the use of our Service for payment processing to contact you.
- For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With business partners: We may share your information with our business partners to offer you certain products, services, or promotions.
- With other users: When you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your Consent: We may disclose your personal information for any other purpose with your consent.
If you agree, Company may share your data with our partner companies so that they may offer you their products and services.
TRANSFER OR DISCLOSURE OF YOUR PERSONAL DATA
Under certain circumstances, the Company may be required to disclose your personal data if ao required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Other legal requirements
The Company may disclose your personal data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with our Website
- Protect the personal safety of users of our Website or the public
- Protect against legal liability
YOUR ACCESS TO AND CONTROL OVER INFORMATION
You may opt-out of any future contacts from us at any time. You can contact us via the email address or phone number listed on our Website. You can also request the following:
- See what data we have about you, if any.
- Change/correct any information we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
YOUR DATA PROTECTION RIGHTS
We want to make sure you are fully aware of your data protection rights. Every user is entitled to the following:
The right to access. You have the right to request from us copies of your personal data. We may charge you a small fee for this Service.
The right to rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete.
The right to erasure. You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing. You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing. Under certain conditions, you have the right to object to our processing of your personal data.
The right to data portability. You have the right to request that we transfer the data collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you.
“DO NOT TRACK” POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)
Our Website does not respond to Do Not Track (“DNT”) signals. However, some third-party websites do keep track of your browsing activities. If you visit such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting your web browser’s preferences or settings page.
SECURITY OF YOUR PERSONAL DATA
We take all appropriate precautions to protect your information. The security of your personal data is important to us. Please note, however, that no method of transmission over the Internet or method of electronic storage is 100% secure. We strive to use commercially acceptable means to protect your personal data, but we cannot guarantee its absolute security.
When you submit sensitive information via our Website, your information is protected online and offline. Any time we collect sensitive information (like credit card data), that information is encrypted and transmitted to us securely.
We also protect your information offline. Only employees who need the information to perform a specific job (e.g., billing or customer service) are given access to your personal information. The computers/servers in which we store personal data are also kept in a secure environment.
LINKS TO OTHER WEBSITES
Our website host, advertising network, advertisers, and affiliates may collect non-personal information such as your IP address, the type of browser you are using, the referring website, the operating system you are using, your Internet service provider, the search terms you use on our Site, the specific web pages you visit, and the duration of your visits.
We may use third-party advertising companies to serve ads on the Website. Those companies may use non-personal information about your visit to the Website to display ads for goods and services which may be of interest to you.
Please note that this Website contains links to other sites. We are not responsible for such other sites’ content or privacy practices. We encourage our website users to be aware when they leave our Website and to read the privacy statements of any other website that collects personal information.
Please note that we use “cookies” on this Website. A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our Website and identify repeat visitors to our Website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, saving time on our Website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Website. Usage of a cookie is not linked to any personal information on our Website. For further information, visit allaboutcookies.org.
- Keeping you signed in
- Understanding how you use our Website
What types of cookies do we use? There are several different types of cookies. The specific types our Website uses are for the following purposes:
- Functionality. We use these cookies to recognize you on our Website and remember your previously selected preferences. These could include what language you prefer and your location. A mix of first-party and third-party cookies is used.
- Advertising. We use these cookies to collect information about your visit to our Website, the content you viewed, the links you followed, and information about your browser, device, and your I.P. address. We sometimes share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Website.
How to manage cookies. You can set your browser not to accept cookies. The Website allaboutcookies.org tells you how to remove cookies from your browser. However, in a few cases, some of our Website features may not function.
To use this Website, a user must first complete our registration form. The user must provide certain information (like name and email address). This information may be used to contact you about the products/services on our Website in which you have expressed interest. You can also provide demographic information (such as gender or age) about yourself at your option.
We require certain information from you on our order form. You must provide contact information (such as name and shipping address) and financial information (like credit card number, expiration date) to buy from us. This information is used for billing purposes and to fill your orders only. However, if we have trouble processing an order, we’ll use this information to contact you.
General Limitation of Liability
All information, content, materials, products (including software) and other services included on or otherwise made available to you through this website are provided by Living in Sunshine, LLC on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the information, content, materials, products (including software) or other services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of our website is at your sole risk.
To the full extent permissible by law, Living in Sunshine, LLC disclaims all warranties, express or implied, including, but not limited to, data accuracy, data security, and implied warranties of merchantability and fitness for a particular purpose. Our website may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error free. We do not warrant that our website, information, content, materials, products (including software) or other services included on or otherwise made available to you through our website or sent to you via email or other communication channels are free of viruses or other harmful components. To the full extent permissible by law, we will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the amount you paid us for the applicable product or service.
All images on this site are personal and intellectual property of Living in Sunshine, LLC and may not be used for any personal or commercial purposes without express written consent of Maddy Fry of Living in Sunshine, LLC.
The content, images, materials, and information provided on this website is only intended to be general summary information to the public. It is not intended to take the place of either the written law or regulations. It should not be viewed as medical, financial, legal, or professional advice of any sort. We will do our best to confirm the accuracy of all information that appears on our website but cannot guarantee accuracy, reliability, or timeliness. All recommendations are made without guarantee or warranty. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
External Links Disclaimer
Some links within this website may lead to other sites that we believe may be useful or informative. Living in Sunshine, LLC does not incorporate any materials appearing in such linked sites by reference. These links to third party sites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there. We do not maintain or control these sites and accordingly make no guarantee concerning the accuracy, reliability, or currency of the information found there.
No Guaranteed Results
We cannot predict and do not guarantee that you will attain a particular result from the information provided in or through this website, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, traits, dedication, desire, motivation, resources, actions, and many other factors. You fully agree that there are no guarantees as to the specific outcome or results that you can expect from using the information you receive on or through this website.
Pricing and Product/Service Information
Although Living in Sunshine, LLC endeavors to make sure all pricing information on our website is accurate, occasionally an error may occur and goods or services may be mispriced. If a pricing error is discovered or an order is placed at the erroneous price we will, at our discretion, either offer you an opportunity to cancel your order or continue with the order at the correct price, or notify you that we have cancelled your order. We are under no obligation to supply goods or services at the incorrect price.
We attempt to be as accurate as possible in describing our products and services. However, we do not warrant that product descriptions or any other content is entirely accurate, complete, reliable, current, or error-free. If a product offered by Living in Sunshine, LLC is not as described, your sole remedy against us is to request a correction. As all files are digital downloads, there are no returns.
For any questions on these policies, please contact Maddy at [email@example.com].