This Terms of Service explains what you can expect when you use the www.waymarkcare.com (“Website”), provided by Waymark, Inc. (collectively “Company,” “we,” or “us”). When you use the Website, 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 means you are agreeing to all such Terms and are entering into a contract with us.
Visiting the Website or sending emails 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 and on the Website, satisfy any legal requirement that such communications be in writing.
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.
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.
All content included or shared via the Website (including any logos or trademarks) as well as the compilation of those items, and any software used on the Site, is the property of Waymark or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes.
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 Site or services, any user postings made by you, your violation of any terms of this Agreement or 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.
In the event the parties are not able to resolve any dispute between them related to these Terms and Conditions or the use of the Website will be submitted to arbitration, conducted by JAMS. The written decision of the arbitrator (which will provide 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 and Conditions.
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.
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.
Waymark welcomes your questions or comments regarding the Terms:
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