Margins

October 15th, 2018

These Margins (“Terms” or “Agreement”) are our terms of service and dictate how people use Life by Whitney (this website – lifebywhitney.com). By accessing or using Life by Whitney, you agree to everything in this agreement:

Refunds & returns

 

  • We may evaluate specific refund requests for downloadable goods on a case-by-case basis regarding technical issues or any other reason we feel warrants such action.

 

  • All our shippable products are refundable through our 30-day Money-Back Guarantee. You must complete the Return Form or send an email (“Return Email”) that includes your (i) account email (ii) order number (iv) and explanation why you, the buyer, are requesting a refund.

 

  • The refund email must be received within 30 days of receipt of your purchase to be considered valid.

 

  • We reserve the right to request a photograph of the product in question or any other physical evidence we deem necessary.

 

  • The customer is responsible for all return shipping costs and the returned products must be in their original, high-quality condition.

 

  • Any products purchased from third party websites or internet-based retailers are subject to the terms of the third party, and therefore are not refundable by us.

 

Learn more

Shipping

We offer both downloadable products and shippable goods. For shippable goods, you understand that:

 

  • We ship to all U.S. states (that’s all 48 contiguous states plus Alaska and Hawaii) for a flat rate specified at checkout.

 

 

  • We reserve the right to change shipping rates or shipping locations at any time.

 

 

  • All our shipments are sent via USPS and tracking availability will be subject to USPS mail type specifications. If a tracking number is available, it will be provided to you in your order confirmation e-mail once it is shipped (for Tracker Pads only. Bracelets, Stamps and Door Hangers do not have tracking).

 

If you have any issues with receipt of your order or believe your shipment may be lost, please email us right away.

 

Learn more

Privacy

Your safety is our priority. We have a complete Privacy Doc that has all the details regarding how your information is protected and used.

 

We work hard to protect your privacy and you understand that:

 

  • We may use your email to notify you of mail notifications or to notify you of promotional offers and account related activities.

 

  • We may collect demographic data about our members & users in order to customize content and we may share this data to trusted third-parties or advertisers but always on a private basis to protect your identity.

 

  • We can disclose a member’s private info at our sole discretion, if we believe it is necessary to (i) protect our members (ii) take legal action against illegal or fraudulent activity or violators of the Privacy Doc or these Margins (iii) comply with law enforcement agencies or legal investigations (iv) protect our rights and that of our members.

 

  • Our third party advertisers and business partners may place a cookie on your browser. All this does is make customized ads, content or services available to you.

 

  • When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. For details about your rights under the law, visit here.

Copyrights & Trademarks

  • Life by Whitney and lifebywhitney.com are properties of Bullet Everything LLC.

 

  • Life by Whitney is a protected registered trademark with the USPTO.

 

  • You may not reproduce, publish, distribute, transmit, transfer, sell or modify any portion of this site without express written permission of Life by Whitney.

 

  • Additionally, any graphics, designs, spreads, photos, text or other content are protected by international copyright and other intellectual property laws, treaties and protections.

 

  • All third party trademarks, copyrights and names are properties of their respective owners.

Monitoring

Sometimes it’s necessary for us to monitor and investigate activities on Life by Whitney. By accepting these terms you agree to the following:

 

  • We can monitor all activities at our sole discretion for the safety of our members and users.

 

  • We do not make any guarantees or warranties that (i) any opinions, profile content or similar apparent statements of fact will be verified (ii) Life by Whitney will be monitored for compliance or unacceptable behavior or (iii) we will investigate or take any action at all in the event of a dispute arising from compliance or non-compliance with this agreement.

Account creation & security

Life by Whitney is a place for real and genuine members. Here are the pledges you make to us when it comes to your account registration and security:

 

  • You will not use Life by Whitney if you are under 13.

 

  • You maintain you are fully capable and have the right and authority to register for an account and accept this agreement.

 

  • You will only create one exclusive account for yourself.

 

  • You will not use Life by Whitney if you have ever been convicted of a felony and/or are required to register as a sex offender with any government entity.

 

  • You will not provide false information about yourself in your account, messages or any content.

 

  • You will not access an account or manipulate any content belonging to someone else.

 

  • You will not share your login information or password with anyone in order to maintain the security of your account.

 

  • You will not transfer, gift or otherwise assign your account to someone else.

 

  • You will keep your account content updated and accurate.

 

  • You will not impersonate someone else or misrepresent your affiliation with any person or entity or use others’ account information or content without their permission.

 

  • We don’t conduct criminal background checks but we reserve the right to do so using public records if in our sole discretion we believe you are in violation of this agreement.

 

  • Wherever you access Life by Whitney, you will abide by all applicable state and country legal restrictions and you are solely liable for noncompliance with these laws.

 

  • We can remove, suspend or block users from certain IP addresses at our sole discretion that we feel jeopardizes other members and the integrity of our community.

 

  • If we deactivate your account (by removal or suspension), you will not create a new one without our permission.

 

  • We maintain the right to remove your username at our sole discretion, if we feel it is offensive or inappropriate; or violates any intellectual property rights.

 

  • We can create test accounts in order to validate our services.

 

  • We can highlight your account for any promotional or marketing material.

Account details

  • Any user who completes the account creation, registration or sign-up process becomes a member (a “Member”) with a private account.

 

  • Any member can manage their account any time on their “Account” page.

 

  • You may need a valid payment method in order to access certain products or services on Life by Whitney.

 

  • Any user who completes the checkout process, with either a downloadable or shippable product, becomes a customer (a “Customer”).

 

  • You do not need to become a Member to be a Customer (known as “Guest” checkout), however you will need to become a Member with an account to view your purchase history and manage your private account information.

 

  • You are solely responsible for maintaining the confidentiality of your account and protecting your password.

 

  • You agree to accept responsibility for all behavior, activities and disseminated content that occurs under your account or password.

Your content

We work hard to keep Life by Whitney safe but it’s not always easy. We need your help, which includes you following these rules when commenting, posting or communicating any content:

 

  • You will not post or message anything that: is unlawful, misleading, malicious, or discriminatory.

 

  • You will not post or message anything that: is blatantly rude, disturbing or just offensive.

 

  • You will not post or message anything that: incites violence; contains nudity or pornography in any manner.

 

  • You will not post or message anything that: contains harassing, bullying or intimidating material.

 

  • You will not post or message anything that: supports or advocates unlawful activity; or involvement in any political or religious group.

 

  • You will not post or message anything that: contains commercial solicitations, spam; or engage in any pyramid schemes.

 

  • You will not post or message anything that: advertises or promotes any products through Life by Whitney without our written approval.

 

  • You will not post or message anything that: solicits login, private or financial information for commercial or unlawful purposes.

 

  • You will not post or message anything that: abuses or defrauds anyone in an illegal or sexual manner; or solicits personal information from minors under 13.

 

  • You will not post or message anything that: contains viruses or harmful material; or provides instructions on how to perform any illegal activity.

 

  • We can remove, at our sole discretion, any content we feel violates any law or this agreement.

 

  • You are fully liable and solely responsible for all content (including all pictures and media) you add, post, message, comment, share, transmit or otherwise make public on Life by Whitney.

Bad behavior

We go to great lengths to maintain the integrity of our community and you will do your part, which includes the following commitments by you:

 

  • You will not purposely “annoy”, harass, threaten, overwhelm or willfully impede a member’s well-being.

 

  • You will not ask for money from or attempt to defraud members of Life by Whitney.

 

  • You will not impersonate or misrepresent your affiliation with anything.

 

  • You will not use scripts, Trojan horses or any technology in an attempt to access Life by Whitney.

 

  • You will not use information collected from Life by Whitney to advertise to, publicize or sell to another member without their prior approval.

 

  • You will not use Life by Whitney for sweepstakes, raffles or any gambling activities.

 

  • We are not liable for the behavior of any member.

 

  • You assume all risks when using Life by Whitney or our services online or offline.

 

  • You will not attempt to disrupt the Life by Whitney website or any networks connected to us.

 

  • You will not upload viruses or other malicious code.

 

  • You will not confound dialogue or any communication exchanges by fast scrolling or by typing incorrect syntax.

 

  • You will not, in any capacity, treat a Life by Whitney employee with disrespect while servicing you.

 

  • You are fully liable and solely responsible for your behavior and interaction with other members or users.

 

  • You will immediately report any inappropriate behavior or violations by email.

 

  • We do not endorse or promote the behavior of any member or user and are not responsible for any member actions that violate this agreement.

 

  • We are not liable for any voluntary dissemination of financial or personal information by you to another member.

 

  • We maintain the right to remove your acount or associated content at our sole discretion if you repeatedly display bad behavior that violates this agreement.

 

  • We maintain the right to restrict any user’s ability to add content at our sole discretion if we feel it is causing harm to the well-being of other members or users, or the general integrity of Life by Whitney.

 

  • We have no obligation or duty to monitor the information or content a member or user makes public on Life by Whitney.

Your rights

We respect our members’ rights. As a condition of use, you promise to do the same.

 

  • You will not add, post, share, sell, transmit or otherwise make public any content that violates an individual or entity’s intellectual property rights.

 

  • You will not add, post, share, sell, transmit or otherwise make public others’ copyrighted material without getting their permission.

 

  • If your pics or any other content is protected by intellectual property rights, you specifically you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of such content that you post on Life by Whitney. This license ends immediately after you delete your IP content.

 

  • You will not use Life by Whitney or any other third parties logos, trademarks, copyrights or any confusingly similar marks without our approval.

 

  • You will not reproduce, copy, change, share, distribute or create any derivative works from in any way intellectual property available on or owned by Life by Whitney or third parties (such as Freepik from Flaticon, who provide our icon designs) without approval.  

 

  • You acknowledge we are the sole owner and maintain all proprietary rights in Life by Whitney.

 

We encourage you to read our Privacy Doc to learn about your rights and personal data.

Claims of infringement

We value your rights and you agree to not add, post, comment, share, sell, transmit or otherwise make public any content that violates the intellectual property rights of any member, user or entity.

 

If you think your work has been copied and posted on Life by Whitney in a way that constitutes copyright infringement or that your intellectual property rights have been violated, email the following details to whitney@lifebywhitney.com:

 

  • A description of the content that you claim is infringing and where we should be able to find it on the services.

 

  • A statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or the law.

 

  • A statement declaring, under penalty of perjury that (i) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

 

  • Your contact information: name, address, telephone number and email address.

 

  • Your physical or electronic signature.

Advertisers

Life by Whitney may contain links to advertisers and third party websites that are specially chosen for your convenience. When using these links and websites, you agree to the following:

 

  • Your use, transactions or any interaction whatsoever with such websites are solely between you and the advertiser or third party.

 

  • We are not liable and do not endorse or sponsor any content on such websites.

 

  • We are not liable for your use, transactions or any interaction whatsoever with such websites.

 

  • We are not liable or responsible for loss or damage caused or in connection with your use, transactions or any interaction whatsoever with such websites.

Maintenance & features

Life by Whitney requires some maintenance from time to time to keep it looking pretty, so you agree:

 

  • You understand that such maintenance may prevent you from viewing your content.

 

  • We can perform maintenance updates at any time that may require downtime.

 

  • We can discontinue access to Life by Whitney at any time with or without notice.

 

  • We do not promise that every member’s account will be visible.

 

  • We do not promise we will always be able to post new content.

 

  • We do not promise any supplies or product recommendations will meet your specific needs or criteria.

Indemnity

You agree to indemnify and hold us and any of our subsidiaries or employees, harmless from any loss, liability, claims, damages and expenses, including attorneys’ fees, arising from or related to Life by Whitney. You agree that this includes:

 

  • Any defamatory or unlawful material made by or associated with a user’s content.

 

  • Your violation of any applicable laws, rules or regulations.

 

  • Your violation of these terms or that of any third party.

 

  • It is each user’s responsibility for any and all liability arising from the violation or infringement of proprietary rights, trademarks, copyrights or any intellectual property.

 

  • We maintain the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us.

Warranty disclaimers

We can’t guarantee everything, so you understand that:

 

  • We do not have control over who accesses or joins the services.

 

  • We do not have control over how content will affect you, how you interpret it or what actions you take as a result of exposure.

 

  • We are not liable for the content, opinions, offers or any information made on other websites accessed through the services.

 

  • We are not liable or responsible for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the services.

 

  • We will never be responsible for any damage whatsoever for your reliance on any content or information posted, shared, transmitted or otherwise communicated to or by other members or users.

 

  • We may test new “beta” features, applications or products to get your feedback. We make no warranties to such features and we can remove or retract them any time at our sole discretion.

 

  • THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  • WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, SAFE, CONTINUOUS, MISTAKE FREE OR WILL MEET YOUR EXPECTATIONS, OR THAT ANY FLAWS IN THE SERVICES WILL BE FIXED. YOU RELEASE US FROM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE ACCESSIBILITY AND AVAILABILITY OF THE SERVICES.

Limited liability

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Life by Whitney, ITS AFFILIATES, PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE WHATSOEVER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Life by Whitney KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • Life by Whitney’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF Life by Whitney, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR YOUR ACCOUNT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, YOU AGREE THAT, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE Life by Whitney OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR OR SUCH CLAIM WILL BE FOREVER PROHIBITED.

 

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Life by Whitney, ITS AFFILIATES, PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE WHATSOEVER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH THE USE OF Life by Whitney, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS, ONLINE OR OFFLINE, WITH OTHER REGISTERED MEMBERS OR PERSONS YOU MEET THROUGH Life by Whitney.

Arbitration

We never want to fight and always prefer to resolve disputes in the most cordial way possible, so you’ll agree:

 

  • Any distributes arising from your use of Life by Whitney, this agreement or anything associated with us whatsoever (a “Dispute”) will be bound by FINAL AND BINDING ARBITRATION.

 

  • You will contact us first if you have a dispute so we can attempt to settle it peacefully and informally.

 

  • You agree that we both give up our legal right to go to court for any dispute and our dispute will not be settled by judge or jury but by a neutral arbitrator.

 

  • You give up your right to participate in a class action or any other class proceedings.

 

  • Any decisions by an arbitrator are enforceable in court and can be overturned by a court but only in very rare circumstances.

 

  • Claims of infringement or violation of Life by Whitney’s intellectual property or proprietary rights are not subject this agreement to arbitrate disputes and we can settle a dispute by other means.

 

  • Any enforcement proceeding of this arbitration agreement can be brought in any court of competent jurisdiction.

 

  • Any litigation against Life by Whitney (excluding small-claims court actions) can be brought only in the federal or state courts located in Baldwin County, Alabama. You agree to the jurisdiction of those courts for such purposes.  

 

  • Any dispute between you and Life by Whitney can only be settled by an arbitration governed by the laws of the state of Alabama and the Federal Arbitration Act.

 

  • You must file any dispute within 1 year from the event arising such dispute regardless of any conflicting law and to the maximum extent permitted by applicable law.

 

  • If you do not file a dispute within 1 year, your claim is waived and forever barred.

Waiver

  • You waive and hold us harmless from any claims arising from any actions we take during or as a result of our investigations or from any actions taken as a result of investigations by law enforcement authorities.

Termination

  • This agreement takes effect as soon as you use Life by Whitney and stays in effect forever.

 

  • If you violate this agreement whatsoever or expose us to possible legal liability, we can deactivate or shut down your account at our sole discretion at any time. We will notify you by email.

 

  • If we deactivate or shut down your account, you agree all fees paid to Life by Whitney are non-refundable and all outstanding payments are due immediately.

 

  • We can notify other members & users if you or Life by Whitney deactivates or shuts down your account.

Special provisions

  • If you don’t agree with these Margins or the Privacy Doc (which you accept upon registration), do not register for an account.

 

  • We reserve the right to change this agreement at any time.

 

  • If you continue to use Life by Whitney after we make any changes, you are acknowledging and accepting any and all changes to this agreement.

 

  • By accessing or using Life by Whitney, you agree to receive this agreement in electronic form. To withdraw this consent, you must cease using Life by Whitney.

 

  • You should regularly review this agreement as well as our Privacy Doc.

 

  • We may offer additional services or features and we can revise any existing services at our sole discretion, and this agreement will apply to those as well. We can also stop offering any services.

Definitions

  • By “Life by Whitney” we mean all services and features offered on (i) lifebywhitney.com (ii) any mobile applications (iii) or any premium services.

 

  • By “We, Us, Our” we are referring to Bullet Everything LLC.

 

  • By “User” we mean anyone who accesses or uses Life by Whitney.

 

  • By “Member” we mean any user who registers (by completing the account creation or sign-up process) thereby creating an account to view their private account details.

 

  • By “Customer” we mean any user who completes the checkout process, with or without becoming a Member, for any product in our shop.

 

  • By “Guest” we mean any Customer who completes the checkout process without becoming a Member.

 

  • By “Services” we mean use of (i) lifebywhitney.com (ii) any mobile applications (iii) or any premium services.

 

  • By “Use“ we mean use, related use, act, transmit, distribute, share, make public, display, post or make derivative works of.

 

  • By “Can” we mean we reserve or maintain the right to take action.

 

  • By “Content” we mean all uploaded media, pictures and videos, posts, personal information, registration details, ideas, comments, opinions or anything whatsoever you contribute to Life by Whitney.

 

  • By “Downloadable Products” we mean all Spreads, Trackers or other digital creative works, free or paid, that are only available via digital download (i.e. they are not physically shipped).

 

By using Lifebywhitney.com you agree to these Margins, as well as our Privacy Doc and Golden Rules.