Terms & Conditions

Agreement between user and www.theyellowdoorbook.com

Welcome to www.theyellowdoorbook.com. The www.theyellowdoorbook.com website (the "Site") is comprised of various web pages operated by Marina Davies ("The Yellow Door Book"). www.theyellowdoorbook.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.theyellowdoorbook.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.theyellowdoorbook.com is a Blog and E-commerce Site.

The Yellow Door Book informs visitors about Marina Davies' memoir The Yellow Door: A Journey of Healing, as well as advertising and selling the book both through the site itself and through affiliate links to major online retailers.

Privacy

Your use of www.theyellowdoorbook.com is subject to The Yellow Door Book's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.theyellowdoorbook.com or sending emails to The Yellow Door Book or Marina Davies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

The Yellow Door Book does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.theyellowdoorbook.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.theyellowdoorbook.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Yellow Door Book and The Yellow Door Book is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Yellow Door Book is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Yellow Door Book of the site or any association with its operators.

Certain services made available via www.theyellowdoorbook.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.theyellowdoorbook.com domain, you hereby acknowledge and consent that The Yellow Door Book may share such information and data with any third party with whom The Yellow Door Book has a contractual relationship to provide the requested product, service or functionality on behalf of www.theyellowdoorbook.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.theyellowdoorbook.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Yellow Door Book that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Yellow Door Book or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Yellow Door Book content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. The copyright and intellectual property rights in all material on www.theyellowdoorbook.com are owned by us and/or our licensors and must not be reproduced without the prior express written permission of The Yellow Door Book and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Yellow Door Book or our licensors except as expressly authorized by these Terms.

Visitor Conduct

When using www.theyellowdoorbook.com you shall not post or send to or from this website any material:

1. for which you have not obtained all necessary and required consents;
2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in the United States;
3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

www.theyellowdoorbook.com and Marina Davies will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identify or other details of any person posting material to this website which in in bread of this sites published terms, conditions and privacy policy.

Third Party Accounts

You will be able to connect your The Yellow Door Book account to third party accounts. By connecting your The Yellow Door Book account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Affiliate

www.theyellowdoorbook.com may at times participate in affiliate advertising programs. This means that if you click on a link or make a purchase through certain links on www.theyellowdoorbook.com or any related or associated social media platforms (including Facebook and Pinterest), Marina Davies may make a commission from that click and/or purchase.

Disclaimers

We take all reasonable steps to ensure that the information on www.theyellowdoorbook.com is correct. However, we do not guarantee the correctness or completeness of materials on www.theyellowdoorbook.com. We may make changes to the material on this website without notice and at any time. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such materials is correct or up to date. The material at www.theyellowdoorbook.com is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this website.

While the vast majority of photos used on www.theyellowdoorbook.com are the intellectual property of Marina Davies we may on occasion use licensed stock photos or photos that are in the public domain. In particular, some of the photos in the book trailer for The Yellow Door: A Journey of Healing, as well as the image used for the Beyond the Yellow Door logo are public domain images and should not be construed as being owned by Marina Davies.

International Users

The Service is controlled, operated and administered by The Yellow Door Book from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Yellow Door Book Content accessed through www.theyellowdoorbook.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Yellow Door Book, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Yellow Door Book reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Yellow Door Book in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WWW.THEYELLOWDOORBOOK.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WWW.theyellowdoorbook.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WWW.THEYELLOWDOORBOOK.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWW.THEYELLOWDOORBOOK.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WWW.THEYELLOWDOORBOOK.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Yellow Door Book reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Yellow Door Book as a result of this agreement or use of the Site. The Yellow Door Book's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Yellow Door Book's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Yellow Door Book with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Yellow Door Book with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Yellow Door Book with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Yellow Door Book reserves the right, in its sole discretion, to change the Terms under which www.theyellowdoorbook.com is offered. The most current version of the Terms will supersede all previous versions. The Yellow Door Book encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Yellow Door Book welcomes your questions or comments regarding the Terms:

info@theyellowdoorbook.com