Welcome to Living By The Stream. Living By The Stream and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.livingbythestream.com you accept these conditions. Please read them carefully. In addition, when you use any current or future Living By The Stream service (e.g., Chat, Product Downloads, Auctions, etc.) or visit or purchase from any business affiliated with Living By The Stream, whether or not included in the Living By The Stream Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit www.livingbythestream.com 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 this 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 this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Living By The Stream or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Living By The Stream and protected by U.S. and international copyright laws. All software used on this site is the property of Living By The Stream or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Living By The Stream grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Living By The Stream This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Living By The Stream 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 Living By The Stream and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Living By The Stream’ name or trademarks without the express written consent of Living By The Stream Any unauthorized use terminates the permission or license granted by Living By The Stream You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Living By The Stream so long as the link does not portray Living By The Stream, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Living By The Stream logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this 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. Living By The Stream does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Living By The Stream only with involvement of a parent or guardian. Living By The Stream and its affiliates reserve 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 reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, 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. Living By The Stream reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Living By The Stream and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 Living By The Stream and its affiliates 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 Living By The Stream or its affiliates for all claims resulting from content you supply. Living By The Stream has the right but not the obligation to monitor and edit or remove any activity or content. Living By The Stream takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Living By The Stream are made pursuant to an agreement you make when you pay for services or purchase goods. This means that the risk of loss and title for such items pass to you upon our receipt of your payment for goods and/or services.
PRODUCT DESCRIPTIONS
Living By The Stream and its affiliates attempt to be as accurate as possible. However, Living By The Stream does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Living By The Stream itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the merchant may provide the List Price.
With respect to items sold by Living By The Stream, we cannot 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 in our catalog may be mis-priced. If we discover a mis-pricing, we will do one of the following:
- If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- 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 Living By The Stream. Your purchases from third-party sellers using Living By The Stream Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mis-priced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Living By The Stream ON AN “AS IS” AND “AS AVAILABLE” BASIS. Living By The Stream MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Living By The Stream DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Living By The Stream DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Living By The Stream ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Living By The Stream WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
APPLICABLE LAW
By visiting Living By The Stream, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Living By The Stream or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to www.livingbythestream.com or to products you purchase through Living By The Stream shall be submitted to confidential arbitration in Tallahassee, Florida, except that, to the extent you have in any manner violated or threatened to violate Living By The Stream’ intellectual property rights, Living By The Stream may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Our policies govern your visit to www.livingbythestream.com. We reserve the right to make changes to our site, policies, and these Conditions 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.
CONTACT US
Living By The Stream
Management Office Phone – (904) 745-9151, Jacksonville, FL
