Terms and Conditions
We are a small family run business. We have been selling online since the 1990s and the terms and conditions here were written back then, when we were the only online toy store. In summary it says two things:
1- You can trust us. We are honest people and represent the products we sell accurately, but in the event a mistake is made we will work with you to fix it to your satisfaction.
2- We need to protect ourselves, so we list a lot legal jargon to that effect.
Lottie and Howie Hirsch, Owners, Live And Learn, Inc.
By shopping at Live And Learn it is understood web pages are hand written, and the shopping cart system is hand coded. Because of this, sometimes the web developers make an error entering information. Descriptions may be off, or prices may be coded incorrectly. We do our best to avoid such errors, but sometimes it happens.
In the event a product you order is posted with incorrect information you will be notified as quickly as possible and given the opportunity to adjust, or cancel the order.
In addition, it is also understood by shopping at Live And Learn certain products such as clothes items, loops for potholders, parachutes, etc. may have dye changes from time to time and the colors you see online may not represent the current dye lot. We do our best to present an accurate rendition of a product's color, but we cannot guarantee an exact match to the color shown on your monitor.
Besides periodic changes by a manufacturer, which we often not aware of, each person's computer setting is different. Just like viewing the same TV show in a department store on a wall of televisions, the color representation from one monitor to another can be drastically different. Thus, the color you see on screen may be different than the color of the product you receive.
The remainder of this page is not meant to scare you. It is here for our protection. Basically, it says that you enter and access items at our site at your own risk. Please read it. If you have any questions or comments concerning its content please send an e-mail message to firstname.lastname@example.org.
LIVE AND LEARN'S DISCLAIMER OF WARRANTY AND DISCLAIMER OF LIABILITY.
ALL PERSONS EXPRESSLY AGREE THAT EVERY ACTION TAKEN AT LIVEANDLEARN.COM IS SOLEY AT YOUR OWN RISK. NEITHER LIVE AND LEARN, ITS OWNER, ASSOCIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LIVEANDLEARN.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LIVEANDLEARN.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, LINK, GAME, SOFTWARE, OR MERCHANDISE PROVIDED THROUGH LIVEANDLEARN.COM.
LIVEANDLEARN.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIVE AND LEARN, ITS OWNER, AND EMPLOYEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL LIVE AND LEARN, ITS OWNER, EMPLOYEES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LIVEANDLEARN.COM, THE LIVE AND LEARN SOFTWARE, OR LIVE AND LEARN GAMES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LIVEANDLEARN.COM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, SOFTWARE, GAMES AND LINKS FOUND ON LIVEANDLEARN.COM.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LIVE AND LEARN, ITS OWNER, EMPLOYEES, NOR ASSOCIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LIVEANDLEARN.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
LIVEANDLEARN.COM MAKES AVAILABLE A VARIETY OF CONTENT SUPPLIED BY LIVE AND LEARN, ITS OWNER, EMPLOYEES, THIRD PARTIES AND USERS. ACCORDINGLY, AS PROVIDED BY THE FREE SPEECH ADMENDMENT, LIVEANDLEARN.COM EXERCISES NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY, BOOKSTORE, OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY LIVEANDLEARN.COM, LIVE AND LEARN, ITS OWNER, EMPLOYEES, THIRD PARTIES AND ALL USERS, ARE SOLEY THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S). NEITHER LIVEANDLEARN.COM, LIVE AND LEARN, ITS OWNER, EMPLOYEES, NOR ANY OTHER THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE EXCEPT AS NOTED PREVIOUSLY.
IN MANY INSTANCES, THE CONTENT AVAILABLE THROUGH LIVEANDLEARN.COM REPRESENTS THE OPINIONS AND JUDGMENTS OF THE RESPECTIVE INFORMATION PROVIDER, USER, OR OTHER THIRD PARTY NOT UNDER CONTRACT WITH LIVEANDLEARN.COM. LIVEANDLEARN.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON LIVEANDLEARN.COM BY ANYONE INCLUDING OFFICIAL REPRESENTATIVES OF LIVEANDLEARN.COM. UNDER NO CIRCUMSTANCES WILL LIVEANDLEARN.COM, LIVE AND LEARN, NOR ITS OWNER OR EMPLOYEES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH LIVEANDLEARN.COM. IT IS SOLEY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, SOFTWARE, GAME, LINK, OR OTHER CONTENT AVAILABLE THROUGH LIVEANDLEARN.COM. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, SOFTWARE, GAME, LINK OR OTHER CONTENT.
THIS AGREEMENT AND ANY OPERATING RULES FOR LIVEANDLEARN.COM ESTABLISHED BY LIVE AND LEARN AND ITS OWNER CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERSEDE ALL PREVIOUS WRITTEN OR ORAL AGREEMENTS BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND AND ALL OTHER LOCALITIES, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. NO WAIVER BY EITHER PARTY OF ANY BREACH OR DEFAULT HEREUNDER SHALL BE DEEMED TO BE A WAIVER OF ANY PRECEDING OR SUBSEQUENT BREACH OR DEFAULT.
NEITHER, LIVE AND LEARN, NOR ITS OWNER, EMPLOYEES, ASSOCIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION, GAMES, SOFTWARE, PRODUCTS, LINKS, OR OTHER CONTENT PROVIDED AT LIVEANDLEARN.COM.