Revised December 4, 2010
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Waypoint, acceptance is expressly limited to these terms.
Not Medical Advice
You acknowledge that the Site does not offer psychiatric, psychological, therapeutic, or other medical advice. You agree not to send any request for any psychiatric, psychological, therapeutic, or other medical service or advice through the Contact Us form. You acknowledge that information submitted through the Contact Us form is not monitored by psychiatric or other healthcare personnel.
You shall not use any software that modifies or adds content to the layout, design, or content of any page of the Site. You agree that you will not use any software or other device to interfere with the proper working of the Site.
You agree to not download, copy, publish, transmit, or reproduce any imagery from the Site, except for your own personal use. You agree to not download, copy, publish, transmit, or reproduce any text from the Site, except for your own personal use or when authorized in writing by Waypoint.
You agree that this Agreement and use of the Site does not transfer from Waypoint to you any Waypoint or third party intellectual property, and all right, title and interest in and to such property will remain solely with Waypoint. Waypoint, the Waypoint logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Waypoint or Waypoint’s licensors. Your use of the Site grants you no right or license to reproduce or otherwise use any Waypoint or third-party trademarks or intellectual property. If you use the Contact Us form to send Waypoint information, you agree that any information you send does not infringe on any proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
Disclaimer of Warranties
You acknowledge that the Site is provided “as is”. Waypoint and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Waypoint nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted.
Waypoint reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
LIMITATION OF LIABILITY
NEITHER WAYPOINT NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFIT OR INCOME, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. WAYPOINT, ITS LICENSORS, AND ITS VENDORS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR MENTAL OR PHYSICAL DISORDER OR IMPAIRMENT CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER WAYPOINY OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO BREACHES OF INTELLECTUAL PROPERTY PROVISIONS BY YOU OR YOUR INDEMNIFICATION OBLIGATIONS RELATING HEREUNDER.
General Representation and Warranty
You agree to indemnify and hold harmless Waypoint, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Waypoint and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Waypoint, or by the posting by Waypoint of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of the State of Wisconsin, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of Wisconsin. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Waypoint may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.