Terms and Conditions

Terms and Conditions

Terms and Conditions of Use for Leigh-Leigh, LLC, d.b.a. Living Out of Focus

BY VISITING THE LIVING OUT OF FOCUS WEBSITE (LIVINGOUTOFFOCUS.COM) AND/OR THE LIVING OUT OF FOCUS APP, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF LEIGH-LEIGH, LLC, D.B.A. LIVING OUT OF FOCUS. (HEREINAFTER “LIVING OUT OF FOCUS”).

Overview

The terms “company”, “we”, “us”, and “our” refer to Living Out of Focus. The term “Digital Platform” refers to livingoutoffocus.com and/or the Living Out of Focus App. The term “user,” “you” and “your” refers to Digital Platform visitors, clients, potential clients, and any other users of the Digital Platform.

The term “Service” refers to the Living Out of Focus membership, digital products, physical products, events, activities, online courses, quests, workshops, articles, recipes, and information in general.

Use of the Digital Platform and/or Service, including all information and educational materials presented herein by Living Out of Focus, is subject to the following terms and conditions. These Terms and Conditions apply to all Digital Platform visitors, clients, potential clients, and all other users of the Digital Platform. By using the Digital Platform or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Digital Platform and Service

To access or use the Digital Platform, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Digital Platform. Information provided on the Digital Platform and in the Service are subject to change. Living Out of Focus makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Living Out of Focus disclaims all liability for any inaccuracy, error, or incompleteness in the Content.  

Modification of These Terms

Living Out of Focus reserves the right to change the terms, conditions, and notices under which the Digital Platform or Service is offered. By using the Digital Platform or Service or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Living Out of Focus will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Digital Platform and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Digital Platform. You agree to use the Digital Platform and to purchase services or products through the Digital Platform for legitimate, non-commercial purposes only. You shall not post or transmit through the Digital Platform any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. 

No Warranty

The information presented on Living Out of Focus is provided “as is” and “as available,” without representation or warranty of any kind. Living Out of Focus does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. 

Refusal Of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Digital Platform or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns

It is important to us that you are satisfied with your purchase(s). If you are unhappy with the purchase of our Service, you can contact Living Out of Focus via email at hello@livingoutoffocus.com within fourteen (14) days of your purchase and Living Out of Focus will issue a refund. If you utilized a payment plan and do not request a refund within the refund window, you are required by law to complete the remaining payments of your payment plan.

Living Out of Focus will not issue any refunds, in whole or in part, after the refund deadline. If you initiate a chargeback, Living Out of Focus reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency at our sole discretion.

Your license to use the purchased Service and related materials is revoked immediately upon your receipt of a refund. By requesting and accepting a refund, you agree to immediately cease using and delete all materials and resources related to the purchased Service from all of your electronic devices.

If you have any questions or concerns, please let us know by contacting our support team directly. The support desk can be reached at: hello@livingoutoffocus.com

Description of Services  

We endeavor to describe and display the Digital Platform and Service as accurately as possible. While we try to be as clear as possible in explaining the Digital Platform and Service, please do not accept that the Digital Platform and Service is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Cookies

We use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer or device until you delete them) to ensure that your computer or device displays Living Out of Focus effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from Living Out of Focus, you may not be able to take full advantage of its features or to receive some of the services Living Out of Focus provides.

Visitor GDPR Rights

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:

• You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.
• We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.
• You have the right to seek restrictions on the processing of your data.
• You have the right to object to the processing of your data and the right to the portability of your data.
• You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
• You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.
• You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
• We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.

Links and Email Addresses

Links posted on Living Out of Focus to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Living Out of Focus. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

Spamming, the unsolicited broadcasts of email addresses or links in this digital platform, is prohibited and unauthorized.

Material You Submit to the Digital Platform

You shall not upload, post or otherwise make available on the Digital Platform or via email any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Digital Platform, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties. 

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to Living Out of Focus. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Digital Platform or Service. Content you submit to Living Out of Focus remains yours to the extent that you have any legal claims therein. You agree to hold Living Out of Focus harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Digital Platform, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. 

Our Intellectual Property

The Digital Platform and Service contain intellectual property owned by Living Out of Focus including, without limitation, the Living Out of Focus logo, all designs, text, articles, photographs, videos, workshops, quests, graphics, templates, worksheets, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Digital Platform or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Digital Platform or Service, without refund, if you are caught violating this intellectual property policy.

Scope of Services

The information provided on the Digital Platform is for educational and informational purposes only. It is not medical or professional advice. If you require professional help, consult your doctor or mental health professional.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Digital Platform. Any use of the Digital Platform or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Digital Platform and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Digital Platform and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE DIGITAL PLATFORM OR SERVICE. ADDITIONALLY, LIVING OUT OF FOCUS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LIVING OUT OF FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LIVING OUT OF FOCUS’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM LIVING OUT OF FOCUS, AND IF NO PURCHASE HAS BEEN MADE BY YOU LIVING OUT OF FOCUS’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.  

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Digital Platform or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Living Out of Focus pertaining to the Digital Platform and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Living Out of Focus shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Living Out of Focus.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Email: hello@livingoutoffocus.com

Address: PO Box 185, Daniels, WV 25832

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of West Virginia as applied to contracts that are executed and performed entirely in Agreement shall be construed in accordance with, and governed by, the laws of the State of West Virginia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Raleigh County, West Virginia. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Newsletter Sponsorships

We engage others to serve newsletter advertisements and perform related services across the web and in mobile applications. You can learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices.

​Privacy Policy

Your use of the Digital Platform is also subject to Living Out of Focus’s Privacy Policy. Please review our Privacy Policy, which also governs the Digital Platform and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms. 

Disclaimer

Your use of the Digital Platform is also subject to the Living Out of Focus’s Disclaimer. Please review our Disclaimer, which also governs the Digital Platform and informs users of various limitations regarding the information provided on the Digital Platform. Your agreement to the Disclaimer is hereby incorporated into these Terms.

Updated: April 2026