Terms of Service

Please read this Terms of Service ("Terms") carefully before using the https://www.WoodruffLyons.com website ("Website") operated by Michele Woodruff Lyons ("MWL") as the Terms contains important information regarding limitations of MWL's liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with the Terms. The Terms apply to everyone, including but not limited to visitors, users & others, who wish to access and use the Website. By accessing or using the Website, you agree to be bound by the Terms. If you disagree with any part of the Terms, you do not have permission to access or use the Website.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Michele Woodruff Lyons, or its employees, representatives, subsidiaries or divisions;

2. Misrepresenting your identity or affiliation with any person or entity;

3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in MWL's sole discretion, may harm MWL or the users of this Website or expose MWL or other users to liability;

5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;

6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;

7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;

8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;

10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

11. Otherwise attempting to interfere with the proper working of the Website;

12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

Availability, Errors & Inaccuracies

MWL assumes no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. MWL may experience delays in updating information on this Website and in MWL's advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. MWL expressly reserves the right to correct any pricing errors on the Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL MICHELE WOODRUFF LYONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF MICHELE WOODRUFF LYONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Websites

This Website may contain hyperlinks to websites operated by third parties and not by MWL. MWL provides such hyperlinks for your reference only. MWL does not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. MWL's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property & DMCA Notice/Procedure for IP Claims

All contents of this Website ("Content") are copyrighted 2023 by Michele Woodruff Lyons. All rights reserved. Unless specified otherwise, this Website and all Content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof are the proprietary property of Michele Woodruff Lyons and are either registered trademarks, trademarks or otherwise protected intellectual property of Michele Woodruff Lyons. If you are aware of a potential infringement of MWL's intellectual property, please contact MWL.

MWL respects the intellectual property rights of others. It is MWL's policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send MWL a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

3. Your name, email, address and telephone number; and

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that MWL will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to MWL by contacting MWL:

Michele Woodruff Lyons, P.O. Box 2283, Carmel, CA 93921

Governing law, severability, Dispute Resolution, & Venue

MWL's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and MWL regarding the Website, and supersede and replace any prior agreements MWL might have had with you regarding the Website.

Changes to Terms of Service

MWL reserves the right to make changes to these Terms of Service at any time. MWL will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.

Questions

If you have any questions about these Terms of Service, please contact MWL:

Michele Woodruff Lyons, P.O. Box 2283, Carmel, CA 93921