User Agreement (Including Terms of Service, Privacy Policy, and Disclaimer)

Effective Date: May 1, 2025


0. Purpose and Scope

This system is a personal resource operated by a private individual residing in the City of Westport, Washington State. Access is provided solely at the operator’s discretion and primarily for personal benefit. This system is not affiliated with, nor does it represent, any other entity with which the operator may or may not be associated.

1. Jurisdiction and Governing Law

These terms are governed by the laws of the State of Washington and the City of Westport.
See: Washington State Legislature - RCWs.

2. User Eligibility and Access

3. Modification of Terms

The operator reserves the right to update these terms and policies at any time. Updates will be posted on this site. Continued use constitutes acceptance of any changes.

4. Third-Party Services and Links

This system may utilize third-party vendors and link to external services or information. The operator is not responsible for the content or privacy practices of third-party sites. Users are encouraged to review third-party policies independently.

5. Security and Data Transmission

All information is transmitted using TLS 1.2+ encryption. While reasonable security measures are in place, no system is perfectly secure. Users accept all risks associated with use.

6. Service Availability and Maintenance

Services are intended to be available at all times but may be interrupted for planned or unplanned maintenance. Access is not guaranteed and may be revoked at any time for any reason.

7. Prohibited Activities

8. Content Moderation

The operator reserves the right to remove any content at any time for any reason, without notice.

9. Data Retention and Deletion

10. Cookies and Tracking

Cookies and similar tracking technologies are used only for operational purposes and are required for certain elements of the system to function correctly.

11. Privacy and Data Breach Notification

The operator intends, but is not obligated, to notify users of any known data breach that may affect their personal information.

12. Account Security

Users are responsible for keeping their credentials secure and for restricting access to services to only themselves. The operator is not responsible for unauthorized access resulting from user negligence.

14. Limitation of Liability

15. Indemnification

Users agree to indemnify and hold harmless the operator from any claims, damages, liabilities, or expenses arising from their use of the system or violation of these terms.

16. Dispute Resolution

All disputes arising from use of this system or these terms will be resolved through mediation-arbitration (binding mediation) in Grays Harbor County, Washington, in accordance with Washington State mediation and arbitration laws.

17. Accessibility

The operator intends to make services reasonably accessible to users with disabilities, in accordance with applicable laws and best practices. Feedback is welcome, but no guarantee of specific accommodations is made.

18. Contact and Legal Notifications

Users may reach out with questions or concerns, but a response is not required or guaranteed.
All legal notifications must be sent via U.S. Postal Service to:
P.O. Box 2269, Westport, WA 98595

19. Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions remain in effect.

20. Entire Agreement

These terms constitute the entire agreement between the user and the operator regarding use of the system and supersede any prior agreements or understandings.

21. Reservation of Rights

The operator reserves all rights not expressly granted in this agreement.

22. Unsolicited Communications Policy

Unsolicited Phone Calls and Emails: 
Unsolicited communications, including but not limited to telemarketing, spam, or any form of unwanted solicitation via phone or email, are strictly prohibited. All such communications are considered unwelcome and a violation of this User Agreement.

Call and Email Logging:
 All incoming phone calls may be recorded and logged for security, compliance, and enforcement purposes. All emails sent to any address associated with this system are similarly logged. By initiating any phone call or sending any email to the operator or any address associated with this system, you expressly acknowledge and consent to these practices.

Legal References:
 This policy is enforced in accordance with applicable local, state, and federal laws, including but not limited to the Washington State Commercial Electronic Mail Act (RCW 19.190), >the federal Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

Acknowledgement and Consent:
 By contacting the operator via phone or email, you acknowledge these policies and agree to be subject to all terms herein. Each unsolicited call or email constitutes a separate violation.

Penalties and Enforcement:
 Violations of this policy will result in enforcement actions, including but not limited to reporting to appropriate authorities and pursuit of civil penalties as provided by law. The operator reserves the right to pursue statutory damages and legal remedies for each occurrence of unsolicited communication.

Notice:
 All callers and email senders are deemed to have notice of this policy by virtue of this public agreement. Continued attempts to contact in violation of this policy will be referenced for enforcement and may result in civil penalties to the fullest extent permitted by law.


By accessing or using this system, you acknowledge that you have read, understood, and agree to be bound by these terms.


References to Washington State Law and Resources: