Welcome to the website of Maria Raczynska. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
Maria Raczynska, also known as JM Lockard, a Washington limited liability company (“Maria Raczynska”, “us” or “we”), unequivocally owns and operates this website along with any other web services offered by Maria Raczynska now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, or viewing this website www.mariaraczynska.com, or any of its services, resources, podcasts, content (defined below), and/or purchasing our Maria Raczynska courses or programs (collectively, the “Site”), you hereby give your full consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (please see www.mariaraczynska.com) (collectively, the “Terms”) confidently govern your use of the Site, use and access of the Maria Raczynska courses (defined below) and other free materials and resources provided by the Site, and any other services we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between Maria Raczynska and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
By accessing or using any part of the site or services, you are acknowledging that you have read, understood, and agreed to be bound by these terms. These terms include a terms of sale agreement, an arbitration agreement, a waiver of class-action rights, and liability limitations. If you do not agree to these terms and to follow all applicable laws, you must cease access or use of the site and services immediately. If you have any questions about these terms, please do not hesitate to contact us by email at mariamorjane@gmail.com. If you access any Maria Raczynska site on a social media network (such as, without limitation, Facebook, YouTube, Instagram, or Pinterest), you are also consenting to and agreeing to abide by the terms and conditions of that social media network.
1. CONTENT ON OUR SITE
The content on the Site is protected by copyright laws. The trademarks and trade names on the Site are the property of Maria Raczynska or other respective owners. You are granted a limited right to access and use the Site for personal and non-commercial purposes, as long as you comply with these Terms. Maria Raczynska may monitor the Services and Content to ensure compliance with these Terms.
You are not allowed to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. Modification of the content or use of the content for any other purpose is a violation of the copyright and other proprietary rights of Maria Raczynska, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Our website includes content that we have created as well as content provided by third parties. We do not actively monitor or endorse third-party content, and we are not responsible for it. There may be inaccuracies or errors in the content, and we cannot guarantee its accuracy, integrity, completeness, or quality. We are also not responsible for the content on any linked sites or any links contained in those sites.
When using the Site, you may come across third-party services that are offered to you directly. In such cases, you may need to agree to the third party’s terms of service and/or privacy policy in order to use their service. Please note that Maria Raczynska will not be held responsible for the actions or oversights of these third parties, their terms of service or privacy policy, their failure to comply with their terms, or any losses, damages, liabilities, or expenses (including legal fees) that you may experience as a result of or in connection with the services or products provided by these third parties.
2. YOUR CONDUCT ON OUR SITE
To use the Site, you must be at least 18 years old and legally competent. If you are using the Site on behalf of a third party, you are confirming that you are authorized to represent that party and that their use of the Site is subject to these Terms. If you have been previously prohibited from accessing the Site or any of our affiliates’ websites, you are not allowed to access the Site.
When creating an account, please ensure that all information provided is accurate and up to date. It is important to keep your password and account details confidential and you are responsible for any activities that occur under your account. Your account is for your use only and cannot be transferred, sold, or shared with others. Failure to comply with these terms, including maintaining correct account information, may result in the cancellation of your account. By registering with Maria Raczynska and/or this Site, you agree to receive notices, announcements, and other communications regarding products or services from Maria Raczynska.
When providing feedback or suggestions about the Site to Maria Raczynska, including notes, text, drawings, images, designs, or computer programs, please be aware that such submissions will become the sole property of Maria Raczynska. There will be no obligation of confidence on the part of Maria Raczynska, and she will exclusively own all rights to, including intellectual property rights, and will be entitled to unrestricted use, publication, and dissemination of such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
You are not allowed to replicate or mimic the look, design, or style of our website or any of its content. The technology and software that power our website and services belong to Maria Raczynska, our affiliates, and business partners. It is prohibited to use our website or its content to engage in the following actions:
Please remember to refrain from engaging in the following activities while using the Service or Site:
– Defaming, abusing, harassing, stalking, threatening, or violating the legal rights of Maria Raczynska or any other person or entity;
– Using the Service or Site for commercial purposes;
– Attempting to reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services or Site, except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law;
– Interfering with or damaging the Services, Site, or underlying technology;
– Impersonating or misrepresenting your identity or affiliation;
– Attempting to obtain unauthorized access to the Services or Site;
– Violating, misappropriating, or infringing a third party’s intellectual property or other rights, or any social media platform terms;
– Violating any law, rule, or regulation;
– Transmitting executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, software or hardware, third party websites, or telecommunications equipment;
– Falsifying or deleting any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; or
– Engaging in any illegal activities.
When using our site, please keep in mind that we are required to adhere to existing laws and legal processes. However, this will not restrict our commitment to fulfilling governmental, court, and law enforcement requests or requirements associated with your use of our site.
- Privacy Policy
All the information we gather from you, including your email address, personal details, and credit card information, is governed by our privacy policy. Maria Rcazynska’s privacy policy, which outlines how we collect, use, and share your data, and your consent to these actions, is an integral part of these Terms. You can review our full privacy policy by clicking here.
1. DCMA Copyright Infringement Takedown Policy
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright that you own or for which you are a designated agent, please send a notice of infringement by email to Maria Raczynska.
Maria Raczynska
mariamorjane@gmail.com
When sending a notice regarding copyright infringement, please include the following information:
– Identify the copyrighted work claimed to have been infringed. If multiple works are involved, provide a representative list.
– Identify the infringing material and provide details for Maria Raczynska to locate it, including URLs and screenshots.
– Specify the exact asset(s) or page(s) that are claimed to be infringing.
– Include details of your claim to the material or your relationship to the copyright holder.
– Provide your full name, address, telephone number, and a working email address for clarification.
– Include the statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
– Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
– Sign the document physically or electronically.
Please be aware that any notice not meeting the requirements of Title 17, United States Code, Section 512(c)(3) will not receive a response. Our policy does not intend to expand or supplement the legal rights, procedures, and remedies authorized and granted under the DMCA. It’s important to note that you may be held liable for damages, including costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Maria Raczynska may terminate access to the user’s account.
- Terms of Sale
When enrolling in Maria Raczynska’s online courses, it’s important to carefully review the Terms of Sale. These terms contain vital information about the purchase process, pricing, payment processing, and delivery. The courses include Patreon classes, Skillshare Classes, Teachable classes, YouTube Classes, and Instagram tutorials.
By purchasing the online classes and materials, such as watercolor brushes, videos, templates, and other tools, you’ll receive guidance and tips based on the instructor’s experience and knowledge. However, it’s important to note that Maria Raczynska is not a lawyer, accountant, or financial advisor. The information provided is solely based on personal experience and may not be suitable for everyone. It’s recommended to seek professional assistance and adjust the advice according to your individual needs and priorities.
Maria Raczynska does not make any commitments or guarantees regarding the suitability of the courses or your use of the materials meeting your specific requirements or expectations. ALL COURSES ARE SOLD AS-IS.
3. TERMS OF SALE FOR PRODUCTS
When using our website, please note that while we strive to provide accurate and comprehensive information, there may be instances where the information presented is incorrect or incomplete due to various factors such as browser or technology issues. We apologize for any errors that may affect your shopping experience, including incorrect pricing, inaccurate product descriptions, or item unavailability. We reserve the right to rectify such errors and update product information without prior notice.
Additionally, we may change product prices and availability at any time. Please be aware that certain products may have limited quantities, and their availability cannot always be guaranteed. Furthermore, all products are sold for delivery within the United States, and prices are quoted in U.S. dollars. In the event of a pricing error, we will either confirm the correct price with you or cancel your order and notify you accordingly.
When you place an order on our website, you are making an offer to purchase the products. We accept your offer by shipping the ordered products. Any order confirmation you receive does not constitute acceptance of your offer and is subject to correction before shipment if inaccuracies or errors are discovered.
We reserve the right to refuse or limit orders and quantities. Please note that products may be unavailable or experience shipment delays, and all orders are non-cancelable, subject to our discretion. In some cases, we may provide substantially similar products to fulfill your order.
Returns and substitutions of products are not allowed, and all sales are final. However, if you receive a damaged or incomplete shipment, or if you are unsatisfied with a product, please contact us within seven days of receipt to report the issue. Refunds or replacements are at our discretion.
By making a purchase on our website, you authorize us to charge your payment card for the total amount. We accept various forms of payment and will charge your credit card when your order is processed. Please note that the timing of fund release for order cancellations or refunds is subject to your credit card issuer’s policies.
Title and risk of loss or damage of products pass from us to you when the products are delivered to the common carrier for shipment. Please be aware that we may use different packaging and carriers for shipping, and we reserve the right to ship orders in multiple boxes or shipments. Additionally, we may not be able to deliver to certain addresses, post office boxes, or on specific days.
The prices listed do not cover any additional taxes such as customs duties, sales, use, value-added, excise, federal, state, local, or other taxes. Any taxes related to your purchase are your responsibility. We reserve the right to charge you for any taxes we are required to pay or collect. Additionally, our products are intended for personal use only; you agree not to resell any products you purchase. We may also limit the quantity of products available for purchase, and we reserve the right to cancel or reduce the quantity of any order at our discretion if we believe it violates these terms.
Questions? If you have questions, please contact us at Maria Raczynska, aka JM Lockard LLC
mariamorjane@gmail.com
1. Disputes
If you and Maria Raczynska have any disputes relating to your use of the Services or Site, the breach, enforcement, or termination of these Terms, or any other matter related to Maria Raczynska, the disputes will be resolved according to the following provisions:
Informal Resolution: Before taking any formal action, you agree to contact us at mariamorjane@gmail.com, provide a brief written description of the dispute, and your contact information.
Arbitration: These Terms and its parts involve interstate commerce, and the Federal Arbitration Act applies and governs the arbitration rules and proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
In cases where the relief sought is over $5,000, the arbitrator’s decision will outline the essential findings and conclusions on which the decision is based. The arbitrator will make decisions in line with applicable law and recognized principles of equity, and will respect all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by law. The arbitrator’s decision is final and binding, and can be enforced in any court with jurisdiction. The arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to address that party’s individual claims. Any relief awarded cannot affect other users.
Exceptions. There are only two exceptions to this arbitration agreement:
If a party believes that the other party has infringed or threatened to infringe their intellectual property rights, the party owning the rights may seek interim relief in court. Additionally, claims of $500 or less may be resolved in small claims court in the US, if both the claim and the parties are within the jurisdiction of the small claims court, and the matter proceeds on an individual basis. In terms of arbitration costs, payment of fees will be governed by the AAA’s rules, unless specified otherwise. If the relief sought is $5,000 or less, Maria Raczynska will reimburse all filing, administration, and arbitrator fees upon request, following the arbitrator’s decision or settlement. However, if the arbitrator deems the claim(s) frivolous, Maria Raczynska is not obligated to reimburse any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Maria Raczynska prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Maria Raczynska. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
In case the agreement to arbitrate does not apply to you or to a specific claim or dispute, and you have chosen to opt out of arbitration or file an eligible lawsuit in small claims court, any claim or dispute between you and Maria Raczynska must be resolved exclusively by a state or federal court in San Diego, California. Both parties agree to submit to the personal jurisdiction of the courts in San Diego, California for litigating all such claims or disputes.
By agreeing to these terms, you are waiving your right to a court trial (other than small claims court as provided below) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding filed against us and/or related third parties.
2. Indemnification
By accepting these terms, you agree to protect, defend, and absolve Maria Raczynska and all associated parties from any liability, claims, damages, losses, costs, and expenses, including legal fees, resulting from your violation of the terms or infringement upon the rights of Maria Raczynska or any other individual or entity. We reserve the right to handle any such claims at your expense, and you cannot settle such claims without our written consent. This obligation remains valid to the fullest extent permitted by law, even after you stop using the website.
3. Warranties and Disclaimers
In the event of service outages caused by maintenance, failures of service providers, computer viruses, natural disasters, or other unforeseen events beyond our control, we disclaim liability to the fullest extent permitted by law. Maria Raczynska and its service providers will not be held liable for any delays or failures in performance resulting from such events. This disclaimer does not intend to disclaim liability that may not be disclaimed under the law..
When using our site and its content, please be aware that you are doing so at your own risk. We cannot guarantee that our site will be free from interruptions or errors. We also do not provide any warranty regarding the content or courses available on our site. Our site, content, and courses are distributed on an “as is, as available” basis to the fullest extent permitted by law. Any material you download from our site is at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data resulting from such downloads. We and our affiliates or business partners do not make any warranty that our site, services, or courses will meet your requirements or expectations, be uninterrupted, timely, secure, error-free, or that the results obtained from using our site will be accurate or reliable. We also do not guarantee that any errors will be corrected. We and our affiliates or business partners make no warranties of any kind, either express or implied, including warranties of title or implied warranties of non-infringement, merchantability, or fitness for a particular purpose, with respect to our site, any content, or any of our services, tools, products, courses, or properties. By using our site, you expressly agree to assume the entire risk as to the quality and performance of our site and the accuracy or completeness of its content and courses. Maria Raczynska assumes no responsibility for and disclaims all liability to the fullest extent permitted by applicable law for any such inaccuracies, errors, or omissions. We and our affiliates or business partners will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our site, even if we have been advised of the possibility of such damages. This provision is not intended to disclaim liability that Maria Raczynska may not disclaim under applicable law.
NO RESPONSIBILITY FOR THIRD-PARTY SERVICES AND MATERIALS. MARIA RACZYNSKA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND MARIA RACZYNSKA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MARIA RACZYNSKA WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
4. Limitation of Liability
Please remember the text below:
Maria Raczynska and associated parties will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of the site, services, courses, podcasts, content, or products, even if advised of the possibility of such damages. This provision is not intended to exclude liability that Maria Raczynska may not exclude under applicable law.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE COURSES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT MARIA RACZYNSKA MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 9 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
5. Termination; Survival
It’s important to note that these Terms will remain in effect unless terminated by either you or us. We have the discretion to modify, suspend, or discontinue any aspect of the Site at any time without prior notice. We also reserve the right to deny access to all or part of the Site for any reason, including a violation of these Terms, as determined solely by us. If your access to the Site is terminated, certain provisions, such as Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, and Dispute, will still apply.
6. General Terms
Please remember the following terms:
No Waiver; Severability: Our failure to enforce any right or provision of these Terms does not mean we waive that right or provision. The provisions of these terms are meant to be as broad as permitted by law. Any waiver of these Terms must be in writing.
Statute of Limitations: Any claim or cause of action related to the use of our Site or these Terms must be filed within one year of when the claim or cause of action arose.
Applicable Law: These Terms will be interpreted according to the laws of the United States of America and the State of California. If any part of these Terms is found to be invalid, that part will be replaced with a valid provision that matches the original intent as closely as possible.
The headings included in these Terms are provided for convenience and do not have any legal or contractual effect. These Terms will not be interpreted against the party who drafted them.By using our services, you agree to receive and conduct transactions with us electronically. We may notify you via email, by posting a notice on the website, or by any other method we choose, and such notification will be effective upon dispatch. If you need to notify us, please use the following email address: [insert email address].
mariamorjane@gmail.com
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Maria Raczynska and govern your use of the Site and Services and supersede any prior agreements between you and Maria Raczynska on the subject matter. You may also be subject to additional terms when you use certain Maria Raczynsla third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Maria Raczynska without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Maria Raczynska. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by Maria Raczynska from the United States of America. Maria Raczynska makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
