Terms of Service

Effective Date: December 23, 2021 

Updated: September 15, 2025

These Terms of Service form a binding, enforceable contract between you and Waymark, Inc. (collectively “Company,” “we,” or “us”) and explain what you can expect when you use the www.waymarkcare.com (“Website”), the services (including technology supporting or enabling the services), and content offered and provided electronically, via phone, mail, and in person (collectively “Services”).  When you use the Website or Services, it means that you are accepting, with no changes, the terms, conditions, and notices contained below (“Terms” or “Terms of Service”).  

Please read these Terms carefully because your use of the Website and Services means you are agreeing to all such Terms and are entering into a contract with us. 

Privacy 

Please review Waymark’s Privacy Policy, which also governs the Website and Services and informs you about what data we collect, how we use and disclose that, how long we keep your data, and how you can exercise your rights regarding data you share with us.

Electronic Communications 

Visiting the Website or sending emails or texts to Waymark 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, phone, text, and on the Website, satisfy any legal requirement that such communications be in writing. You agree that texts and calls may be generated by automated means, including automatic dialing technology and artificial intelligence.  If you wish to stop receiving text messages from Waymark, you can opt-out at any time.  

Children Under Thirteen 

Waymark 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 the Website only with permission of a parent or guardian. 

Links to Third Party Sites/Third Party Services 

The Website may contain links to other websites ("Linked Sites").  We do not control the Linked Sites and Waymark 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.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Waymark of the site or any association with its operators. 

By using any product, service or functionality originating from the www.waymarkcare.com domain, you hereby acknowledge and consent that Waymark may share such information and data with any third party with whom Waymark has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers. By connecting your Waymark 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. 

‍Prohibited Use

You agree that you will not use the Website or the Services to:

1. Delete, hack, or attempt to change or alter Our Content, Our IP, or notices;
2. Use any device, software to damage or interfere with the Website or Services, servers, or networks connected to the Services;
3. Use any automatic or manual device or process to harvest or compile information from or through the use of the Website or the Services;
4. Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the source code upon which the Services are based;
5. Introduce any malicious software, viruses, bugs, or malware into the Website or the  Services;
6. Use Our Content or Our IP in any manner that misappropriates or infringes the intellectual property rights of others;
7. Attempt to gain unauthorized access to another individual’s personal information, non-personal information, or protected health information; and
8. Violate any applicable laws or regulations.

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Intellectual Property

‍We grant you a limited, revocable, non-transferable, and non-exclusive right to access and use the Website (including all content included or shared via the Website (collectively “Our Content”) and our Services for your personal use only. We may terminate or disable, in our sole discretion, your right or ability to access the Website, Our Content, and our Services if your use or access exceeds or violates this limited right. Our Content (including the “look and feel” of the Website, any logos, trademarks, service marks or other source identifying designations) as well as the compilation of those items, and any software (including object code and source code form) used on the Website or in Services, are protected by copyright, trademark laws, and other applicable laws that protect intellectual property and proprietary rights (collectively “Our IP”) is the property of Waymark or its suppliers or licensors. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such Content and the Website and will not make any changes.

Disclaimer of all Warranties

All content (including Our Content) on the Website and Services are provided "as is," without representations or warranties of any kind or nature, either express or implied, including but not limited to warranties of accuracy, completeness, suitability, fitness for a particular purpose, merchantability, or non-infringement. We also make no warranty, and expressly disclaim any obligation, that: (a) the Services or features available through the Services will meet your requirements or will be available on an uninterrupted, timely, secure or error-free basis.

‍Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE COMPANY, OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS,  SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR THE SERVICES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR THE SERVICES, IS TO STOP USING OR ACCESSING THE WEBSITE, CONTENT OR THE SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE  EXCLUSIONS OR LIMITATIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.

Indemnification 

You agree to indemnify, defend and hold harmless Waymark, 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 Website or Services, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Waymark 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 Waymark in asserting any available defenses. 

Dispute Resolution

1. Arbitration 

In the event the parties are not able to resolve any dispute between them related to these Terms of Service, or the use of the Website, the matter will be submitted to arbitration, conducted by JAMS.  The written decision of the arbitrator (which will provide for the payment of costs and reasonable attorney’s fees) shall be final, and judgment may be entered and enforced in any court having jurisdiction. This arbitration provision shall survive the termination of these Terms of Service. 

2. Class Action Waiver

By agreeing to these Terms, you agree that any dispute, action, or claim will be resolved on an individual basis and not in a class action, consolidated action, or representative action. If, for any reason, any dispute, action, or claim proceeds in court rather than in arbitration, you agree to only bring your claim on an individual basis and not as part of a class action, consolidated action, or representative action. You agree to waive any rights that you may have to bring a claim in a class action, consolidated action, or representative action.

Governing Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of, or relating to, the use of the Website or Services. 

Changes to Terms 

Waymark reserves the right, in its sole discretion, to update, modify or replace these Terms at any time. The most current version of the Terms will supersede all previous versions.  Waymark encourages you to periodically review the Terms to stay informed of our updates. Continued usage of our Website or the Services will be considered acceptance of any changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate your access and use of the Website and Services. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages at this Website.

Contact Us 

If you have questions about the Terms, please contact us: 
Waymark, Inc. 
2021 Fillmore Street, #1059 
San Francisco, California 94115 
info@waymarkcare.com  

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