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WAYPOINT TERMS OF USE

Last Updated: Feb 15, 2024

Waypoint (a LifestyleCX Inc. Company) is committed to privacy and security and providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our online services and Website. Click here for our entire Privacy Policy. We may update this policy from time to time, so please check back frequently.

Please read this agreement (“Agreement”) carefully before using our Website at https://waypointconverts.com. By accessing or using our Website, you agree to be bound by this Agreement and its terms without change. This agreement is between Waypoint, you, and the user, and if you are using the Website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. This Agreement applies to using our Website and the Waypoint software application.

Neither Waypoint nor its representatives render legal services or other such advice. Your use of the Website and Waypoint is subject to the additional disclaimers and notices that may appear throughout the Website. We are not providing investment information through this Website, and the material on this Website should not be regarded as an offer to sell or a solicitation of an offer to buy any securities of Waypoint or its affiliates.

Waypoint and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on our Website’s information, services, or other material. While we strive to keep the information on this website accurate, complete, and up-to-date, Waypoint and its representatives cannot guarantee it. Accordingly, they will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information or services on the Website.

Personal and Noncommercial Use Limitation: Prohibited Uses

We provide lead conversion software, training, and recommendations (“services and information”). We grant you access to this Website during the term of this agreement solely to receive the services and information, including your use of the Waypoint. You may access, download, and print materials as necessary to obtain the services and information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this Website. You agree to provide true, accurate, and complete user information when we request it. You will not access or attempt to access password-protected, secure, or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.

Proprietary Rights

All materials on this Website (as well as the organization and layout of the Website) and in the Waypoint are owned and copyrighted, licensed by, or used with permission granted to Waypoint. No reproduction, distribution, or transmission of the copyrighted materials on this Website is permitted without the prior written permission of Waypoint. Subject to your payment of the applicable Waypoint subscription fee and registration on our Website, you may use the Waypoint for your internal business purposes and only use the interface on our Website. You may not reverse engineer the Waypoint or use any materials in the Waypoint or our Website to create a competing product or service. All content and training materials are owned and copyrighted by Waypoint. We grant you a limited personal license to use Waypoint software for your internal business purposes, subject to your payment of fees for an active license of Waypoint software. You agree that you will not use the Waypoint for the benefit of third parties.

Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Website is terminated, you will (i) stop using the Website and any information obtained from the Website and (ii) destroy all copies of your account information, password, and any information obtained from this Website.

Confidential Information

You agree that you will not disclose Confidential Information to any person or entity outside your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which (i) is obtained from password-protected portions of the Website or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar markings, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you warrant to Waypoint that you will not use this Website or Waypoint for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website and the Waypoint automatically ends.

You may not, without our prior written permission, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic devices, programs, algorithms, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Website or accessed through this Website or the Waypoint. You may not republish Waypoint content or other content from this Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or malicious code to this Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus-free.

If you are under the age of 13, you may not use this Website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE, INCLUDING WAYPOINT, IS AT YOUR SOLE RISK. THE WEBSITE AND THE WAYPOINT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Waypoint EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE Waypoint IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAYPOINT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES OR WAYPOINT ; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Waypoint or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. Posting hyperlinks to other websites does not mean we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products, and services on such websites, is solely at your own risk. Furthermore, because the Waypoint privacy policy is applicable only when you are on our Website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Links to Our Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as (i) the link or your linking Website does not portray Waypoint, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your Website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this Website. You may not use any Waypoint logo or other proprietary graphic or trademark as part of the link without express written permission. If you agree to remove the hyperlink immediately, we may revoke this license at any time, with or without cause. You may not link to any page other than the home page of this Website. Any link to our Website should be a full forward link that passes the client browser to our home page without barriers. The “back” button should return the visitor to the original site if the visitor wishes to back out.

Use of Submissions

If you post Blog-related feedback, you grant us the right to post our content on our Blog with a link to your Website. Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Website, such information will be deemed to be non-confidential. We may reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

User Content/Blog/ Interactive Areas

We may offer the opportunity for you to contribute your ideas, comments, questions, and other communications to or from the Website (the “User Content”) in blog posts, email, Waypoint’s intra-company forum, Waypoint’s intra-company messaging function, and other features of the Website (“User Areas”) that may be offered from time to time and may be operated by Waypoint or by a third party.

We provide email discussion lists and interactive forums for the convenience of Waypoint, staff, and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. Waypoint does not exert editorial control over information or materials posted by third parties in these areas or in materials that are emailed by third parties using email discussion lists. Waypoint is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.

You are solely responsible for the content of any content that you post in interactive forums, and you agree to indemnify and hold Waypoint, its affiliates, officers, and employees harmless from any claim, demand, or expense (including attorneys’ fees) due to or arising out of your use of the list service or interactive forum or any information or materials provided on such list service or interactive forum.

You will not (nor cause any third party to) use the Website to perform any illegal activities (including, without limitation, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:

transmitting information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
advertising or commercial content;
interfering with or disrupting the Website;
disrupting the activities or enjoyment of the Website for other users; or
collecting or storing personal data about other users.

You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.

You acknowledge that User Content is not endorsed by Waypoint, and such user content should not be considered to have been reviewed, screened, or approved by Waypoint. You should exercise discretion before relying on information contained in user content.

In our sole discretion, we may terminate your password, account (or any part thereof), or use of the Website and remove any User Content from a User Area, at any time and for any or no reason. Waypoint will not be liable to you or any third party for any termination of your access to the Website or deletion of any User Content on the Website.

We may preserve and disclose User Content if required to do so by law, or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Waypoint, any users of the Website, and the public.

Changes to Website

We may make improvements or changes in the information, services, products, and other materials on this Website or terminate this Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Website will be deemed your acceptance of the modified Agreement.

Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website or the services provided on the Website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the Waypoint rules exceed $125, and you are unable to pay the additional fees and deposits, Waypoint retains the right to forward them to the Waypoint on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Waypoint retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect. It will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

Miscellaneous

This Website is intended for and directed to residents of the United States, and all advertising claims contained in this Website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Website will be governed by and construed in accordance with the laws of Connecticut without giving effect to any principles of conflicts of law. Failure by Waypoint to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason, unenforceable, that term will be deemed severable. It will not affect the validity and enforceability of any remaining term.

Waypoint, Waypoint Navigator, Waypoint ProForms, LifestyleCX, and other logos, products, and service names are trademarks and service marks owned by or licensed to Waypoint or its affiliates (the “Marks”). Without the prior written permission of Waypoint or its appropriate affiliates, you agree not to display or use, in any manner, the Marks.

All other trademarks are the property of their respective owners.

Infringement Claims/Copyright Agent

If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify Waypoint of your copyright infringement claim in accordance with the following procedure. Waypoint will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s Designated Agent at [email protected]

By mail:

Waypoint
A LifestyleCX Company
P.O. Box 43
Guilford, CT 06437

By email: [email protected]

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Emails sent to [email protected] for purposes other than communication about copyright claims may not be acknowledged or responded to.

We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Waypoint and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

BY USING THIS WEBSITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last Updated: Feb 15, 2024