WAYPOINT GENERAL TERMS AND CONDITIONS
Last Update: Dec 15, 2021
LifestyleCX, Inc. d/b/a Waypoint (“Waypoint,” “we,” “us,” or “our”) owns or licenses all right, title, and interest in and to the website located at https://www.Waypoint.com (the “Site”). We welcome you to view and use the applications and services available on the Site (the “Waypoint Services”) and wish to inform you about important terms to consider while doing so. We have established the following terms and conditions (the “Agreement”) with which you must comply when you access, view, and use the Site or Waypoint Services offered by Waypoint.
We use “User,” “Users,” “you” or “your” to refer to people or entities visiting the Site or registered to use the Waypoint Services as a Consumer User, Local Market Advisor, or a Senior Care Service Provider.
- “Consumer User” refers to any individual who visits the Site in order to utilize the Waypoint services to identify senior support services and seniors housing.
- “Local Market Advisor” refers to businesses that act as brokers, placement advisors, and/or agents in local markets to connect Consumer Users to Senior Care Service Providers.
- “Senior Care Service Provider” is a provider of senior care, housing, and/or support services who Waypoint may present to a Consumer User through the Site.
I. Amendments To This Agreement
This Agreement may be amended from time to time, with or without notice to Users. Waypoint recommends that you revisit this page frequently, so you are aware of any changes. As appropriate, Waypoint may provide you with additional notice of any material amendment. Your continued use of the Site and Waypoint Services will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site immediately.
II. Ownership of Intellectual Property
- With the exception of User Information (as defined below), Waypoint and its licensors own all information, text, reports, analyses, data, graphics, files, documents, images, sound recordings, audio and visual clips, interactive features, photographs, programs, applications, software, scripts and any other content that you may access and view on the Site, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (collectively, the “Waypoint Material”). We may incorporate third-party software as part of the Site, and all such third-party software is subject to additional terms provided by the third-party licensor. The names, trademarks, logos, slogans, and taglines appearing on the Site (collectively, the “Trademarks”) are owned by or licensed to Waypoint and, if licensed, are used with permission of the owner. The Trademarks and Waypoint Material are protected by trademark, copyright, and other intellectual property laws Waypoint requires you to respect the intellectual property rights that we and our third-party licensors have in the Waypoint Material and in the Trademarks, as the case may be.
- To provide our Users with comprehensive resources and the latest industry news, Waypoint makes available in the Knowledge Center portion of the Site a range of articles and other publications from Senior Care Service Providers, industry partners, and other third parties (“Content Providers”). All such materials are owned by Waypoint or the applicable Content Provider and shall be deemed Waypoint Material under this Agreement. If an article or publication includes a link to a Content Provider’s website, Waypoint is not endorsing the website and your visit to the website is at your own risk. Waypoint shall not be responsible for your use of a Content Provider’s website or any goods or services provided by the Content Provider.
- You acknowledge and agree that any questions, comments, ideas, feedback, or other information provided by you to Waypoint (“Feedback”) are not confidential and that Waypoint may reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. If you suggest any new features and/or functionality for the Site that Waypoint subsequently incorporates into the Site (or any other website, product, or service of Waypoint), you further acknowledge that (i) Waypoint shall own, and has all rights to use such suggestions, and the Site (or any other website, product or service of Waypoint) incorporating such new features and/or functionality shall be the sole and exclusive property of Waypoint and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Waypoint.
III. Your License
Waypoint hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Site in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any Waypoint Material or Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Waypoint Material. All rights not expressly granted to you under this Agreement are reserved by Waypoint.
IV. User Information
You grant to Waypoint a royalty-free, perpetual, worldwide, non-exclusive, transferable, and sublicensable license to any and all photographs, videos, personally identifiable data, and other information sent or entered by you while accessing the Site (“User Information”) to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such User Information into other works in order to provide you with the Waypoint Services. For Senior Care Service Providers and Local Market Advisors, please note that any information, testimonials, photographs, video, logos, or other media or intellectual property uploaded by you to the Site shall be deemed your “User Information.” You acknowledge that Waypoint exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Waypoint is under no obligation, however, to review User Information for accuracy, potential liability, or for any other reason.
WHEN SUBMITTING USER INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT IT MAY BE MADE AVAILABLE TO THE PUBLIC, AND TO LOCAL MARKET ADVISORS AND SENIOR CARE SERVICE PROVIDERS WHO MAY USE USER INFORMATION FOR THEIR OWN MARKETING AND COMMERCIAL PURPOSES. WAYPOINT HAS NO CONTROL OVER HOW A LOCAL MARKET ADVISOR OR SENIOR CARE SERVICE PROVIDER USES YOUR USER INFORMATION. WAYPOINT SHALL NOT BE RESPONSIBLE FOR THE CONTENT OR ACCURACY OF USER INFORMATION AND DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO USER INFORMATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You represent that you own or have secured all legal rights necessary for the User Information submitted by you to be used by you, Waypoint, and others as described and otherwise contemplated in this Agreement. You represent and warrant that each person identified, depicted, or shown in the User Information, if any, (and if a minor, the parent, or guardian of the minor) has provided consent to the use of the User Information consistent with this Agreement.
Consumers Users are permitted to submit reviews of Senior Care Service Providers and Local Market Advisors. You are solely responsible for your reviews and ratings of Senior Care Service Providers and Local Market Advisors. Waypoint may, in its sole discretion, choose to remove or not to remove reviews and ratings once published. You will not submit any reviews that may be considered by Waypoint to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory or otherwise violates any relevant law or right of any other party, or that is racially, ethnically or otherwise objectionable. All of your reviews and ratings will be based upon your actual first-hand experiences with the Senior Care Service Providers and/or Local Market Advisors you are reviewing. All of your reviews and ratings of the Senior Care Service Providers and/or Local Market Advisors that you are rating will be accurate, honest, truthful, and complete in all respects. You acknowledge and agree that you do not work for, own any interest in, or serve on the board of directors of, any of the Senior Care Service Providers and/or Local Market Advisors for which you submit reviews and ratings, and that you have not received any form of compensation to post reviews and ratings. You will not submit reviews that comment on other Consumer Users or the reviews of other Consumer Users, and you will not submit reviews with hyperlinks. The reviews and ratings that you provide do not reflect the views of Waypoint, its officers, managers, owners, employees, agents, or designees.
VI. User IDs
You will comply with all of Waypoint’ rules and regulations and security restrictions in connection with the use of the Site. If you decide to register for an account with Waypoint in order to facilitate the use of the Waypoint Services, you must provide your email address and create a password (collectively, your “Account Credentials”). You shall be solely responsible for ensuring the security and confidentiality of your Account Credentials. You acknowledge that you will be fully responsible for all liabilities incurred through the inappropriate use of any of your Account Credentials and that any transactions under your Account Credentials will be deemed to have been performed by you. Use or disclosure of your Account Credentials, other than as provided in this Agreement, shall be considered a breach of this Agreement by you. You may not share your Account Credentials with any other user of the Site.
As a condition of your use of the Site, you agree to (a) provide Waypoint with true, accurate, current, and complete information as prompted by the Waypoint Site when registering for or using the Site and Waypoint Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information.
VII. Intended Use Of The Site
- Consumer Users, upon registering for and setting up an account, can view the profiles of Local Market Advisors and Senior Care Service Providers posted on the Site. Consumer Users exercise control over the information in their accounts and do not have access to information in the accounts of other Consumer Users.
- Local Market Advisors and Senior Care Service Providers do not have direct access to Consumer Users’ information on the Site unless the Consumer User specifically provides it to them through the Site.
- Based on Consumer Users’ stated preferences concerning location, amenities, and type of care available, we will use commercially reasonable efforts to match Consumer Users with Senior Care Service Providers that correspond to their stated preferences in order to facilitate their searches on the Site.
VIII. Your Obligations (Applies to All Users unless specified otherwise)
By using the Waypoint Services, you agree to all of the following:
- You will not use Waypoint Services for any unlawful, malicious, or misleading purpose;
- You will not upload viruses, Trojans, worms, time bombs, logic bombs, corrupted files, or any other malicious code or similar software or programs that may damage the operation of the Site or computer systems of Waypoint;
- You will not bully, harass, or intimidate any User, including, but not limited to, the publishing of hate speech, threats, endorsements of violence, or pornographic content, such as depictions of nudity or graphic violence;
- You will not use automated methods of information collection, including, but not limited to, scrapers, bots, spiders or framing, or deep-link to, any Waypoint Materials, Trademarks or other proprietary information of Waypoint or its licensors;
- You will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, transcribe, store, translate, sell, lease, transfer, distribute or create derivative works of the Site, Waypoint Materials and/or Trademarks, in whole or in part, without the prior written approval of Waypoint;
- You will not publish commercial communications, solicitations, or spam;
- You will not engage in any action that might disable or impair Waypoint Services, such as, but not limited to, instigating denial of service attacks;
- You will not use any information contained on the Site for purposes of constructing a competing business;
- You will not provide any false information to the Waypoint Services, or attempt to impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Waypoint, or otherwise attempt to mislead others as to your identity;
- You will keep your Waypoint account contact information current and accurate;
- You will only create one Waypoint account for yourself or as authorized by someone else on his or her behalf, and you will not create an Waypoint account for anyone except with that party’s express permission;
- You will not access any other User’s Waypoint account;
- You will not take any action that would undermine the review and rating process for the Site and Waypoint Services;
- You will not share your password, allow anyone else to access your Waypoint account, or engage in any other activity that might jeopardize your account’s security;
- You will not use Waypoint Services unless you are at least 18 years of age;
- You recognize that Waypoint Services may not always be free of charge;
- You recognize that, while we currently provide a mobile-enabled version of our Site at no charge, that may change in the future; and, in any case, your carrier's normal rates and fees always apply;
- You will update your Waypoint account information within 48 hours of changing or deactivating your mobile phone number so that your messages are not sent to the person who acquires your old number;
- You consent to enabling Consumer Users to sync mobile devices (including through applications) with the information provided by Senior Care Service Providers that is visible to them using the Waypoint Services;
- If you are prohibited from receiving goods or services originating from the United States, including, but not limited to, software, you will not use the Waypoint Services;
- If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's Specially Designated Nationals List, you will not use the Waypoint Services for commercial activity;
- If you are located in Canada or the European Union, you consent to have your personal information transmitted to and processed in the U.S.;
- You will not post information, or take any action using the Waypoint Services, that infringes or violates Waypoint’s or anyone else's rights, including, but not limited to, privacy rights and intellectual property rights;
- Local Market Advisors and Senior Care Service Providers submitting content to the Site, including but not limited to text, photographs, and videos agree to (1) grant Waypoint a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such submissions throughout the world in any media and (2) grant Waypoint the right to use the Local Market Advisor or Senior Care Service Provider name, as the case may be, submitted in connection with such submission.
- Consumer Users may post reviews and feedback ratings of Senior Care Service Providers and/or Local Market Advisors on the Site, and Senior Care Service Providers and Local Market Advisors will have the right to post a response; provided, however, Consumer User reviews or comments will be reviewed and approved by Waypoint for compliance with this Agreement and will not be removed unless they are fraudulent or otherwise violate this Agreement.
- At Our discretion, we may remove any information that you publish using the Waypoint Services, which we find violates this Agreement or our other policies;
- Waypoint may disable your account, temporarily or permanently, at our discretion, for any reason and without notice to you, including, but not limited to, in response to a claim of intellectual property infringement or other violation of law;
- If you believe that we have wrongly disabled your account or removed User Generated Content you published, you may appeal our action by contacting us through the method(s) set forth in this Agreement;
- If we disable your account, you will not create another one without our prior written permission; and
- You will not take any action that would violate, or induce others to violate this Agreement.
Waypoint may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts, including, but not limited to, immediate suspension or cancellation of your Account and access to the Site. Furthermore, Waypoint reserves the right to investigate and take appropriate legal action against anyone who, in Waypoint’ sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Waypoint suffering irreparable harm and that, in the event of such a dispute, Waypoint or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
IX. Conduct Within Public Areas of Site
- The Waypoint Services may contain email services, bulletin board services, forums, communities, or other messaging or communication tools designed to enable Users to communicate and interact with other Users (the “Public Areas”). Users agree to use the Public Areas only to post, send, and receive messages and materials that are proper, in compliance with Section VII above, and, when applicable, related to the particular Public Area. Waypoint has no obligation to monitor the Public Areas, provided, however, Waypoint reserves the right to review materials prior to posting to Public Areas, or to remove any materials already posted in Public Areas at any time, without notice, for any reason, and in our sole discretion. Waypoint reserves the right to terminate or suspend a User’s access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. User acknowledges that postings and other communications posted in the Public Areas by other Users are not controlled or endorsed by Waypoint. Statements made in postings, forums, bulletin boards, and other Public Areas reflect only the views of their respective authors. Waypoint specifically disclaims any liability with regard to the Public Areas and any actions resulting from a User’s participation in any Public Areas.
- User acknowledges and agrees that User’s communications with other Users via the Public Area or otherwise are public and not private communications and that User has no expectation of privacy concerning User’s use of the Public Areas. User acknowledges that personally identifiable information that User communicates on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, WAYPOINT STRONGLY ENCOURAGES USERS NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT THEMSELVES THROUGH THE PUBLIC AREAS. Waypoint is not responsible for information that Users choose to communicate via the Public Areas, or for the actions of other Users. Further, Users grant Waypoint a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, in the promotion of Waypoint or the Waypoint Services, any content that User posts on or in connection with a Public Area, including, without limitation, the posting of such content on Waypoint’ social media accounts.
X. Disputes and Indemnification
- You agree that Waypoint cannot and does not control or direct our Users' online or offline actions and that we cannot and do not take responsibility for User-published or User-shared information (“User Generated Content”), including but not limited to any critical reviews provided by Users of any Senior Care Service Provider. Waypoint specifically takes no responsibility for any inaccurate, obscene, offensive, unlawful or objectionable User Generated Content.
- The suggested matching of Consumer Users with potential Senior Care Service Providers is based solely on the information and preferences provided by the Consumer User and the Senior Care Service Provider. We do not engage in recommending or endorsing any Senior Care Service Provider listed on the Site and the research and vetting of a Senior Care Service Provider to determine if it/they meet(s) the particular needs of the Consumer User is the sole responsibility of the Consumer User.
- You agree to indemnify and hold Waypoint harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim brought by another User or a third party against us in connection with the Waypoint Services used by you or in connection with (a) your access, viewing or use of the Site or the Waypoint Services, (ii) any conduct by you that violates the terms of this Agreement, (iii) your infringement of the intellectual property rights of third parties or (iv) User Information, or (v) your failure to comply with any applicable laws and regulations.
- You agree that any claim, cause of action, or controversy (collectively, “ Claim”) associated with Waypoint, this Agreement, or the Waypoint Services will be governed, without regard to conflict of law provisions, by the laws of the United States and the State of Connecticut, and will be subject to the jurisdiction of the U.S. District Court for the District of Connecticut or a state court in Hartford County, Connecticut.
XI. Local Market Advisors and Senior Care Service Providerscompanies
Waypoint analyzes information provided by its Consumers Users to suggest Senior Care Service Providers who match the requirements and preferences reflected in the information provided by Consumer Users. Sometimes, Waypoint will work with a Local Market Advisor to identify and match you with the appropriate Senior Care Service Provider. Waypoint does not screen, interview, conduct background checks on, or otherwise vet Senior Care Service Providers and does not confirm that Senior Care Service Providers are legitimate ongoing businesses. Waypoint does not, and cannot, guarantee that Senior Care Service Provider will respond to a Consumer User. Local Market Advisors and Senior Care Service Providers are fully responsible for managing their own community profiles, subject to review by Waypoint in its sole discretion to facilitate the safety and integrity of the Site, Waypoint Services, and all Users. PLEASE NOTE THAT WAYPOINT IS NOT AND CANNOT BE RESPONSIBLE FOR THE ACTIONS OR INACTION OF A LOCAL MARKET ADVISOR SENIOR CARE SERVICE PROVIDER NOR THE ACTIONS OR INACTION OF CONSUMER USERS USING OUR DIRECT MESSAGING OR PUBLIC REVIEW FEATURES. ALL USERS ACKNOWLEDGE AND AGREE THAT THEY USE THE SITE AND WAYPOINT SERVICES AT THEIR OWN RISK AND WAYPOINT IS NOT RESPONSIBLE FOR THE QUALITY, VIABILITY, OR OUTCOME OF A MATCH BETWEEN A CONSUMER USER AND SENIOR CARE SERVICE PROVIDER.
Waypoint does not own, operate, recommend or endorse any Local Market Advisor or Senior Care Service Providers using the Site. Waypoint is not responsible or liable for any information provided by Local Market Advisors, Senior Care Service Providers, data, advertising, products, goods or services available or unavailable from, or through, any third party, Local Market Advisor or Senior Care Service Provider. You agree that should you use or rely on any of the foregoing, Waypoint is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Local Market Advisor or Senior Care Service Provider, and any other terms, conditions, representations, or warranties associated with such dealings, are between you and such Local Market Advisor or Senior Care Service Provider exclusively and do not involve Waypoint. You should conduct whatever investigation and research you deem necessary or appropriate before hiring or engaging Local Market Advisors and Senior Care Service Providers. You agree that Waypoint will not be responsible or liable for, and does not endorse any content, advertising, goods, or services provided on or through outside websites made available by Local Market Advisors, Senior Care Service Providers or otherwise, or for your use or inability to use such websites. Waypoint does not make any representations or warranties as to the security of any information you might be requested to give to any third party, Local Market Advisor, or Senior Care Service Provider website. You use these websites at your own risk.
You agree that Waypoint is not responsible for the accessibility or unavailability of any third party, Local Market Advisor or Senior Care Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Waypoint relating to any interactions or dealings with any Local Market Advisor or Senior Care Service Provider, and release Waypoint from any and all liability for or relating to any interactions or dealings with Senior Care Service Providers and Local Market Advisors.
XII. Disclaimer of Warranties
- WAYPOINT DOES NOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. ONLY LICENSED HEALTHCARE PROVIDERS MAY PROVIDE MEDICAL ADVICE. THE USE OF THE WAYPOINT SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. USERS ARE SOLELY RESPONSIBLE FOR THEIR DECISION TO OBTAIN TREATMENT FROM A MEDICAL PROFESSIONAL. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU MUST DIAL 911 OR CONTACT A MEDICAL PROVIDER DIRECTLY.
- YOU RECOGNIZE THAT, WHILE WE TRY TO KEEP THE WAYPOINT SERVICES BUG-FREE AND SAFE, WE DO NOT GUARANTEE THAT WAYPOINT SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE WAYPOINT SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE SITE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR (1) BACKING UP ALL YOUR DATA AND (2) INSTITUTING APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM TRANSACTIONS THROUGH THE SITE.
- YOUR USE OF THE WAYPOINT SERVICES IS AT YOUR OWN RISK, AS IS AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WAYPOINT, ITS LICENSORS, AGENTS, AND INDEPENDENT CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE AND WAYPOINT MATERIAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, TITLE, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.
- WAYPOINT MATERIAL MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. WAYPOINT RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS IN WAYPOINT MATERIAL; HOWEVER, WAYPOINT UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY WAYPOINT MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR FRESHNESS DATE APPLIED TO THE SITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED. WAYPOINT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY WAYPOINT MATERIAL, (II) ANY OPINION, INFORMATION, ADVICE, OR STATEMENT EXPRESSED BY WAYPOINT ON THE SITE, OR (III) ANY RESULTS TO BE OBTAINED FROM THE WAYPOINT SERVICES PRESENTED ON THE SITE OR RELYING ON THE WAYPOINT MATERIAL.
- YOU AGREE THAT WAYPOINT IS NOT RESPONSIBLE FOR THIRD PARTIES’ ACTIONS, DATA, CONTENT, OR INFORMATION, AND YOU HEREBY RELEASE WAYPOINT, ITS DIRECTORS AND OFFICERS, AND ITS EMPLOYEES AND AGENTS FROM ANY CLAIM OR DAMAGES, KNOWN OR UNKNOWN, ASSOCIATED WITH ANY CLAIM THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
XIII. Limitations on Liability
- ANY USER INFORMATION, SERVICE PROVIDER INFORMATION, AND WAYPOINT MATERIAL (“CONTENT”) ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND WAYPOINT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAYPOINT OR THROUGH OR FROM THE SITE AND/OR WAYPOINT SERVICES SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE SITE AND THE WAYPOINT MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAYPOINT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE SITE OR THE WAYPOINT MATERIAL, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAYPOINT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU ACKNOWLEDGE THAT WAYPOINT HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING, WHICH USERS GAIN ACCESS TO OR USE THE SITE AND WAYPOINT SERVICES, HOW CONTENT AVAILABLE ON THE SITE MAY AFFECT YOU OR YOUR DECISIONS, HOW YOU MAY INTERPRET OR USE THE CONTENT ON OR IN CONNECTION WITH THE SITE, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT ON OR IN CONNECTION WITH THE SITE AND WAYPOINT SERVICES. YOU RELEASE WAYPOINT FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT OR INFORMATION THROUGH THE SITE AND WAYPOINT SERVICES. THE SITE AND WAYPOINT SERVICES MAY CONTAIN, OR DIRECT YOU TO SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WAYPOINT MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND WAYPOINT SERVICES, AND WAYPOINT WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE AND WAYPOINT SERVICES.
- WAYPOINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, LOST PROFITS, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE. WAYPOINT IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SITE.
- YOU AGREE THAT, UNLESS NOT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY ASSOCIATED WITH WAYPOINT AND THE WAYPOINT SERVICES, INCLUDING, BUT NOT LIMITED TO, THIS AGREEMENT, WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR, IF APPLICABLE, THE AMOUNT YOU HAVE PAID US DURING THE PREVIOUS YEAR.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WAYPOINT’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XIV. Termination or Suspension
Waypoint may terminate or suspend your privilege to use or access the Site and Waypoint Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and Waypoint Services and you agree not to access or make use of, or attempt to use, the Site and Choice Services. You understand that Waypoint may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Waypoint.
XV. Force Majeure
Waypoint shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Waypoint’ control. Certain obligations may require the cooperation of third parties outside the control of Waypoint. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Waypoint’ obligations, such failures shall be considered as causes beyond the control of Waypoint and shall not be the basis for a determination that Waypoint is in breach of any of its obligations under this Agreement or is otherwise liable.
XVI. General Provisions
- Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture, or other similar legal relationship between you and Waypoint; nor will either party hold itself out as an agent, partner, or joint venture party of the other party.
- Notice. Waypoint may direct all notices intended for you to your email address provided as part of your Account Credentials upon registration for the Site (which you may update from time to time in the settings available within the Site). All notices to be delivered to Waypoint shall be delivered to Waypoint using the contact information provided below.
- Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in writing signed by all parties to be bound thereto.
- Assignment. Waypoint may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Waypoint.
- Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
- No Third-Party Beneficiaries. This Agreement does not provide for any third-party beneficiary rights.
XVII. Contact Waypoint
If You have questions or complaints regarding this Agreement, or the Waypoint Services or our business practices, please contact us via the “Contact Us” link at https://www.waypoint.com, or using the contact information below.
LifestyleCX, Inc. d/b/a Waypoint
PO Box 43
Guilford, CT 06437
Email: [email protected]