Privacy and Terms of Use

The following terms (“Terms of Use”) constitute an agreement between La Jolla Living, LLC (“La Jolla Living”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by La Jolla Living (“Website”), located at https://lajollamom.com/

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. La Jolla Living reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PRIVACY POLICY

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

  • Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.
  • Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
  • Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
  • Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways:

  • To operate and maintain the Website;
  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
  • To respond to your comments or inquiries;
  • To provide you with user support;
  • To track and measure advertising on the Website; or,
  • To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

  • Ontraport – this service is used for delivery of email updates and newsletters. Ontraport stores your name and email address for purposes of delivering such communications.
  • Mediavine – this service is used to manage our display advertisements. To provide personalized advertising options, Mediavine may use your IP address or location. This information is not stored on the Website.
  • Influencer Networks – from time to time, as described herein, the Website may post sponsored content which contains tracking pixels for networks such as IZEA, Find Your Influence and Collectively. These tracking pixels may capture information such as your IP address to evaluate the effectiveness of the marketing campaigns. This information is not stored on the Website.
  • Gravity Forms – the Website uses Gravity Forms to collect your personal information for transmission to the Website or for subscribing to our newsletter. Gravity Forms stores any personal information on our server and it is not shared with third parties, other than as it is detailed herein.
  • Gleam – the Website uses Gleam to administer sweepstakes. To enter certain sweepstakes, we will collect personal information, which is stored by Gleam and accessible by La Jolla Living. If you do not wish to have your information saved in Gleam, do not enter any sweepstakes hosted on the site.
  • Website performance – the Website uses tools to improve performance that may capture your personal information, such as Askimet (an anti-spam plugin used during commenting) and Cloudflare (a website security and caching plugin). Any personal information obtained by these companies is not shared with any third parties.
  • Travel Services – the Website offers links to travel services. If you click on these links, you may be taken to a third-party website and subject to their privacy policy. Additionally, La Jolla Living may offer some travel booking services. If you request to use these services, we will collect your personal information to fulfill the request and it may be shared with third-parties for purposes of booking the travel. Your personal information, including payment information, may be stored through a secure site until the transaction is processed. After the payment is processed, we destroy any copies of your payment information. If you are required to submit this information to us electronically, we use a secure form hosted by FormSite. You can view their privacy policy here.
  • Various Affiliate Networks – the Website participates in affiliate marketing, which is described more fully below. When you make a purchase using an affiliate link, the third-party from which you make the purchase may transfer information regarding the sale back to us. This will depend on the individual company’s privacy policies. Currently, we host affiliate links from the following providers:
  • Backup Data – the Website also creates back up data which stores all information housed on the Website at a particular time, which can be used to restore the Website in the event of a technological issues. These copies are stored by:
  • Zapier – the Website uses Zapier to process some data which is entered onto the Websites and is used for other third-party services. Zapier does not store your information. For more information, visit Zapier’s privacy policy here.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, La Jolla Living will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, La Jolla Living may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, the Website may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

If you leave a comment on our site you may opt in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

ADVERTISING

Display Ads
The Website uses Mediavine to manage all third-party advertising on the Website. Mediavine serves content and advertisements when you visit the Website, which may use cookies. Mediavine may collect IP addresses and location to serve personalized ads. If you want to opt out of display advertising, visit this link to learn more about opting out.

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from La Jolla Living. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here

Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

La Jolla Living, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com.  As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, La Jolla Living may see if and when you open an email and which links within the email you click. Also, this allows La Jolla Living to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at [email protected] to be removed from our mailing list.

Access – You may access the personal information we have about you by submitting a request to [email protected]

Amend – You may contact us at [email protected] to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to [email protected]

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with La Jolla Living to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, La Jolla Living gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

GENERAL DISCLAIMER

La Jolla Living has made every effort to ensure that all information on the Website has been tested for accuracy. La Jolla Living makes no guarantees regarding the results that you will see from using the information provided on the Website.

TRAVEL CONTENT DISCLAIMER

The Website may discuss topics related to travel, including discussion of modes of transportation, lodging and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the travel information on the Website. Your experience with the same providers mentioned may differ from that depicted on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. La Jolla Living makes no representations, warranties or guarantees. You understand that results may vary from person to person. La Jolla Living assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, La Jolla Living owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of La Jolla Living’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to La Jolla Living.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without La Jolla Living’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without La Jolla Living’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by La Jolla Living or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

La Jolla Living’s trademarks and trade dress may not be used in connection with any product or service that is not La Jolla Living’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Katie Dillon, La Jolla Mom or La Jolla Living, LLC.

From time to time, the Website will legally utilize trademarks owned by third parties related to La Jolla Living’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant La Jolla Living a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant La Jolla Living the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or La Jolla Living or a third party.

La Jolla Living reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on La Jolla Living’s servers; or, (iii) hosted or published on the Website. La Jolla Living takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding La Jolla Living’s rights under the Terms of Use, La Jolla Living does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send La Jolla Living an email, register to use the Website or provide your email to La Jolla Living in any other way, you consent to receive communications from La Jolla Living electronically. You agree that all legal notices provided via electronic means from La Jolla Living satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by La Jolla Living. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. La Jolla Living assumes no control or liability over the content of any third-party sites. You expressly hold harmless La Jolla Living from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold La Jolla Living harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. La Jolla Living makes no representations or warranties in relation to the Website or the information and materials provided therein.

La Jolla Living makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. La Jolla Living is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

LA JOLLA LIVING WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold La Jolla Living, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which La Jolla Living suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near San Diego County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without La Jolla Living’s prior written consent, however, the Terms of Use may be assigned by La Jolla Living in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by La Jolla Living.

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for La Jolla Living and to your email address.