TERMS OF SERVICE
Use of Copyrighted Materials, Trademarks and Logos
WayPoint Golf, Inc. “WayPoint”. All rights reserved worldwide. This WayPoint website is provided by WayPoint as a service to its customers and other interested parties and may be used for informational purposes only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content obtained from this website without the prior written authorization of WayPoint Golf, Inc. strictly prohibits the use, reproduction, copying, or redistribution of any WayPoint logos, trademarks, and other branding without prior written permission from WayPoint.
Links to Non-WayPoint Sites
WayPoint makes no representations whatsoever about any other website accessed through this one. All non-Waypoint websites are independent from WayPoint, and WayPoint has no control over the content of them. Waypoint provides such links as a convenience to visitors to the Waypoint website. The inclusion of such third-party links does not constitute an endorsement of the site or sites by Waypoint, or acceptance by Waypoint of any responsibility for its content or use. The user is responsible to take precautions to ensure that whatever is selected is free of such items as viruses, worms, and other items of destructive nature.
Copyright Policy and Rights to Content
WayPoint does not control the content our users choose to publish through the Service (the "User Content"). However, WayPoint takes all steps to comply with applicable laws and expects users of the Service to do the same. You are responsible for complying with all laws applicable to User Content.You acknowledge that we do not review any User Content in advance of publication through the Service. However, we reserve the right, in our sole discretion, to alter or remove any User Content and terminate your right to use the Service. We may copy User Content and disclose User Content for any reason, including, without limitation, if required to do so by law.
Scope of Offerings
WayPoint may periodically make improvements, add, change, and/or update the information and documents on this website without notice. WayPoint assumes no liability or responsibility whatsoever for any errors or omissions, including technical inaccuracies and typographical errors, in the content of this website. Information WayPoint publishes on its website may contain references or cross references to certain WayPoint products, programs, or services that are unannounced or not available outside North America. Such references do not imply that WayPoint intends to announce or make available such products, programs, or services in any other country.
Governing Law and Venue
This website (excluding linked sites) is controlled by WayPoint from its corporate offices in Whitby, Ontario Canada. It can be accessed from Canada and all 50 states, as well as from other countries around the world. As each of these places have laws that may differ from those of Ontario, by accessing this website both you and WayPoint agree that the statutes and laws of Ontario, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. Any action, suit, or other legal proceeding that is commenced to resolve any matter arising under or relating to any provision of this agreement or use of this website shall be commenced only in a court of Ontario (or, if appropriate, a federal court located within Ontario) and you and WayPoint each consent to the jurisdiction of such a court. WayPoint makes no representation that materials on the website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Additional Terms and Conditions
The Additional Terms and Conditions are subject to change without prior notice at any time, so you should review the Additional Terms and Conditions each time you use the Services. Event Hosts are solely responsible for all interactions and agreements with third parties using the Services, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any Transaction or relationship entered into through the Services. You acknowledge that WayPoint is not responsible or liable for any action or inaction of any party to a Transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the Transaction.
Third Party Service Providers
Certain portions of a Transaction may be processed by third party service providers (e.g., PayPal, Stripe) (“Third Party Service Providers”). Such processing services are subject to the terms and conditions and fee descriptions made available by the Third Party Service Providers. You must accept the terms of the Third Party Service Provider and their fees prior to completing a Transaction. WayPoint assumes no responsibility for services offered by Third Party Service Providers.
You agree to pay all fees in accordance with the fee descriptions published by WayPoint on this website and any other fees applicable to a Transaction. Fees are subject to change without prior notice at any time, so you should review the fees each time you use this website.
NO WARRANTIES/LIMITATION OF LIABILITY
ALL WAYPOINT SERVICES, INCLUDING THE INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE BY THIRD PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WAYPOINT DISCLAIMS ALL WARRANTIES IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WAYPOINT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR SIMILAR DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA OR ITS USE, ARISING OUT OF OR RELATING TO THE WAYPOINT WEBSITE OR OTHERWISE, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STATUTORY OR OTHERWISE.IN THE EVENT WAYPOINT IS LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH THE WAYPOINT WEBSITE OR OTHERWISE, SUCH LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE FEES ACTUALLY RECEIVED BY WAYPOINT FOR THE AFFECTED TRANSACTIONS.