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
- Users must be of the age of majority in their jurisdiction.
- This system does not market to anyone, including children.
- Access is limited to residents of Grays Harbor County, Washington, unless a separation memorandum of understanding is in place.
- Services are not intended for children under 13, and information from such individuals is not knowingly collected. (COPPA)
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
- No illegal activity is permitted.
- Users must comply with all applicable local, state, and federal laws, including but not limited to Washington State criminal code.
- Prohibited activities include (but are not limited to): spamming, hacking, unauthorized access, distribution of malware, copyright infringement, and any activity violating applicable law.
- Use of these services in violation of United States export laws is strictly prohibited.
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
- Information is retained only as configured by default on relevant systems and used solely for monitoring and technical operations.
- Data and backups are automatically and permanently deleted per best practices and standard system configurations.
- Log information is typically retained for less than 90 days, including backups, unless longer retention is required for legal or operational reasons.
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.
13. Copyright and Intellectual Property
- Unless otherwise indicated, all content is the property of the operator.
- Users may upload their own content, retain ownership, and grant the operator a perpetual, unrestricted license to use such content unless otherwise agreed in writing.
- Copyright disputes may be addressed in accordance with the Digital Millennium Copyright Act (DMCA).
14. Limitation of Liability
- No Warranty: All services are provided “as is” and “as available,” without warranty of any kind, express or implied.
- Limitation: The operator is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from use of the system or services.
- Data Loss: No guarantees are made regarding data retention, backup, or recovery.
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:
- Washington State Legislature - RCWs
- Washington State criminal code
- Washington State mediation and arbitration laws
- COPPA - Children’s Online Privacy Protection Act
- DMCA - Digital Millennium Copyright Act
- Washington State Commercial Electronic Mail Act (RCW 19.190)
- Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act