In compliance with FTC guidelines, assume all links, posts, photos and other material on this website are affiliate links of which Living In Yellow receives a commission from sales of items.
Living In Yellow is a participant in the Amazon Services LLC Associates Program and other affiliate marketing programs designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and other partner webpages. Pages on this site may include affiliate links to Amazon, its affiliate sites and other partner sites on which the owner of this website will make a referral commission.
What is an Affiliate Link?
Many of the links on Living In Yellow are affiliate links. This means that we may make a small commission on the sale of an item if you purchase through one of these links. We believe the price of the item is the same for you whether it is an affiliate link or not.
Please note that while we purchase, review and use many of the products we link to, these products are purchased from third party companies and we do not control or have a financial interest other than an affiliate relationship unless otherwise disclosed.
For this reason, we cannot ensure that any item purchased through a link on livinnginyellow.com is shipped on time, packaged properly, or that you will like it. Any problems or concerns with a specific product purchased through a link on this website should be directed to the company the item was purchased from.
TERMS OF SERVICE
This website is operated by Living In Yellow. Throughout the site, the terms “we”, “us” and “our” refer to Living In Yellow. Living In Yellow offers this website, including all information, tools and services available from this site along with our social media pages to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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 Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service 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 Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store/checkout process is hosted by WooCommerce and Stripe. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any 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.
SECTION 2 – GENERAL CONDITIONS
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.
SECTION 3 – 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.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of products that appear on our page. 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 anytime 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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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, distributors, or anyone who appear to have intentions differing from the intended use of our products or services.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our site. 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.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such 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 tools. Any use by you of optional 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 on which tools are provided by the relevant third-party provider(s).
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 Service.
SECTION 8 – THIRD-PARTY LINKS
Content, products and services available via our Service may include materials from third-parties. 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.
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.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we 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 Service.
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 with your 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.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
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.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
In no case shall Living In Yellow, our directors, officers, 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.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Living In Yellow 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 Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – 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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 Service, 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).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service 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 Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The State of Indiana.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
Effective Date: January 1, 2019
Information We Collect and How We Use It
Living In Yellow may use your Personal Account Information to provide products, services and information requested by you and to operate, maintain, customize and personalize your experience with the Services and Shape Squad by Living In Yellow products and services. We may also use Personal Account Information to contact you or send you notifications about products and services that you have ordered or that we otherwise think may be of interest to you.
Unless otherwise disclosed at the time of collection of information, Living In Yellow does not share Personal Account Information with third parties for their own direct marketing purposes. Living In Yellow may, however, provide general demographic, aggregated, or de-identified information about Users and customers and their preferences to advertisers and other existing or prospective business partners.
Technical Data: When a User visits the Services, we may collect information regarding the User’s browser type and Internet Protocol (“IP”) address and store such information through use of “cookies.” A cookie is a small file containing a string of alphanumeric characters that uniquely identifies your browser. The cookies enable Living In Yellow to confirm that Users have visited previously, to keep track of the status of your shopping cart, and to perform other functions on the Services. You can set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you set your browser to disable all cookies, some features of the Services may not function properly.
Also, when you use the Services, our servers automatically record certain information that your web browser sends automatically whenever you visit the Services. These server logs may include information such as your web request, IP address, browser type, browser language, platform type, number of clicks, domain names, the amount of time spent on particular pages, and the date and time of your use of the Services.
Referral Information: We often invite Users to tell a friend about our products or services. In that event, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting them to subscribe to Living In Yellow or other product or service, and we will typically include a discount or other promotion to encourage your friend to become a User or customer. This information may be used to track the success of our referral program. Your friend may contact us at [email protected] to request that we remove their information from our database.
Additional Information About Use and Sharing
In addition to the uses described above, Living In Yellow may use the information it collects in any of the ways described below. Living In Yellow reserves the right to share Personal Account Information if:
(a) We believe we are required to do so in accordance with a law or to respond to a subpoena or court order;
(c) We believe that such disclosure is necessary or appropriate to take precautions against liability;
(d) We believe that such disclosure is necessary or appropriate to investigate and defend ourselves against any third-party claims or allegations;
(e) We believe that such disclosure is necessary or appropriate to assist government agencies;
(f) We believe that such disclosure is necessary or appropriate to protect the security or integrity of the Services;
(g) We believe that such disclosure is necessary or appropriate to protect the rights, safety or property of Living In Yellow, our Users or others; or
If we obtain technical data from our Users, we may use such information for the following purposes:
(a) To diagnose and prevent service or technology problems that are associated with the IP addresses;
(b) To help us provide you with customized content and promotions that match your stated preferences;
(c) To prepare geographical or other statistical data to help us better serve our Users;
(d) To create new features, promotions, and services in connection with the Services; and
(e) To monitor the use of the Services.
Living In Yellow permits third-party advertisers to provide advertisements to you through the Services. Although Personal Account Information may be used to send or display targeted advertisements, Living In Yellow does not provide any Personal Account Information to advertisers other than in aggregated or de-identified fashion. Advertisers may also download cookies onto your computer, or use other technology like web beacons, to enable them to recognize your computer each time they send you an advertisement whether or not you are visiting the Living In Yellow site or another site. As a result, the advertiser would have the ability to deliver targeted advertisements that they believe would be of most interest to you. Living In Yellow does not have access to or control of the cookies that may be placed on your computer by third-party advertisers. We also use remarketing services to advertise our products to you on third party web sites after you have visited our Sites.
In some instances you can opt-out of receiving personalized ads from third party advertisers and ad networks. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following websites:
We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect so we cannot guarantee, and you should not expect, that your information would be secure in all circumstances.
Changes to this Policy
How We Communicate With You
Do Not Track Signals: Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked”. At this time, our Services do not take action in response to “do not track” signals.
Children: We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 13.
If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at [email protected]
A parent or guardian of a child under the age of thirteen (13) may review and request deletion of a child’s personally identifiable information as well as prohibit the use thereof. If we become aware that a child under 13 has provided us with personal information, we take steps to remove that information and terminate the child’s account.
Changing and Deleting: We cannot guarantee comprehensive deletion or modification of information provided to our Services. For additional assistance with modifying or deleting information provided to our Services, contact us at [email protected]