Terms of Service
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with marcyratcliff.com (the "Service") operated by Marcy Ratcliff ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
The Service and all contents, including but not limited to text, images, graphics, or code, are the property of Marcy Ratcliff and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download, or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of Marcy Ratcliff or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service.
Links to Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Marcy Ratcliff.
Marcy Ratcliff has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Marcy Ratcliff shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
You agree to indemnify, defend, and hold harmless Marcy Ratcliff from and against any claims, losses, damages, losses, obligations, costs, actions, or demands.
Limitation of Liability
Marcy Ratcliff shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights
Marcy Ratcliff makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any state of the United States of America. In such cases, the state law shall apply to the extent necessary.
Marcy Ratcliff does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Marcy Ratcliff chooses not to immediately act, or chooses not to act at all, Marcy Ratcliff will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Marcy Ratcliff does not waive any of its rights. Marcy Ratcliff shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. State laws of the United States of America may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the state of Oregon and the laws of the United States of America, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.
Updated: June 30, 2020