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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING WAYPOINT.
These Terms of Use (the "Terms"), together with our Privacy Policy, form a legally binding agreement (the "Agreement") between you and Smokepit Syndicate LLP ("Smokepit," "we," "us," or "our"). They govern your access to and use of the Waypoint mobile application, the Waypoint web pages, and any related services, features, and content (collectively, "Waypoint" or the "Platform"). By accessing or using Waypoint, or by tapping or clicking to accept these Terms, you agree to be bound by them. If you do not agree to these Terms, do not use Waypoint.
Waypoint helps veterans, service members, and their families and caregivers ("Members") navigate the U.S. Department of Veterans Affairs ("VA") system and connect with healthcare providers, service organizations, and nonprofits that have experience serving the veteran community ("Providers"). Providers may create profiles on the Platform, and Members may browse those profiles and communicate with Providers through Waypoint's messaging features.
This Agreement applies whether or not you register for an account, and your obligations under these Terms — including the indemnification obligations described below — survive any termination of your access. We may modify these Terms at any time. We will post notice of material changes on the Platform, and may also notify you by email or in-app notice. Your continued use of Waypoint after changes take effect constitutes acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using Waypoint.
We are continually improving Waypoint and may add, change, or discontinue features at any time. Smokepit will not be liable for any suspension, discontinuation, or modification of the Platform.
WAYPOINT IS AN INDEPENDENT PLATFORM OPERATED BY SMOKEPIT SYNDICATE LLP. SMOKEPIT IS NOT AFFILIATED WITH, ENDORSED BY, OR SPONSORED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR ANY OTHER GOVERNMENT AGENCY. INFORMATION ON WAYPOINT ABOUT VA PROGRAMS, BENEFITS, ELIGIBILITY, OR PROCESSES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MAY NOT REFLECT CURRENT VA POLICY. ALWAYS CONFIRM BENEFITS AND ELIGIBILITY INFORMATION DIRECTLY WITH THE VA.
WAYPOINT IS PROVIDED FOR INFORMATIONAL AND NAVIGATIONAL PURPOSES ONLY. NOTHING ON THE PLATFORM CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; LEGAL ADVICE; OR CLAIMS OR BENEFITS ADVICE. WAYPOINT IS NOT A SUBSTITUTE FOR CONSULTATION WITH A LICENSED HEALTHCARE PROFESSIONAL, A VA-ACCREDITED REPRESENTATIVE, OR AN ATTORNEY.
Smokepit does not employ, supervise, credential, or control Providers, and is not responsible for the acts or omissions of any Provider or Member. Smokepit's role is limited to operating the Platform. Any care, services, representation, or assistance you receive from a Provider is provided solely by that Provider, under whatever agreement or relationship you form with them directly. Using Waypoint does not create a doctor-patient, attorney-client, or representative relationship between you and Smokepit.
Only individuals and organizations accredited or recognized under applicable law (such as VA-accredited attorneys, claims agents, and Veterans Service Organization representatives) may assist with the preparation, presentation, or prosecution of VA benefit claims. Smokepit does not provide claims assistance and does not verify any Provider's accreditation status. If you need help with a VA claim, confirm your representative's accreditation through the VA's Office of General Counsel accreditation search before sharing information or signing anything.
You should never delay, disregard, or discontinue professional medical care because of something you read or received through Waypoint. You assume all risk of relying on any content or communication on the Platform.
Subject to these Terms, Smokepit grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use Waypoint for your personal, non-commercial use (or, for Providers, for the purpose of maintaining a Provider profile and communicating with Members).
As you use Waypoint you will encounter various types of content. "Content" means any text, data, graphics, images, videos, guides, articles, profiles, directory listings, messages, or other materials made available on or through the Platform. Specifically:
Although we work to keep the Platform accurate and useful, Smokepit makes no guarantee or warranty, express or implied, about the accuracy, completeness, or reliability of any Content — including Provider qualifications, credentials, licensure, accreditation, availability, or quality of services. We do not endorse, recommend, or refer any specific Provider. Any decision you make based on Content, including choosing to contact or work with a Provider, is at your own risk.
You must be at least 18 years old and able to form a binding contract to create an account or use Waypoint. Waypoint is not directed to children, and individuals under 18 are not permitted to use the Platform.
When you create an account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Do not share your credentials with anyone. Notify us immediately at waypointappforvets@gmail.com if you suspect unauthorized access to your account.
By providing information through the Platform, you authorize Smokepit to use and disclose it as described in our Privacy Policy. If you contact a Provider through Waypoint, the information you include in your message — such as your name and contact details — will be shared with that Provider.
Smokepit reserves the right, in its sole discretion and without prior notice, to refuse, suspend, or terminate any account, remove or disable any profile or content, and limit access to the Platform.
The following additional terms apply to Providers, including healthcare providers, practices, nonprofits, service organizations, and their authorized representatives.
If you would like to deactivate a Provider profile, contact us at waypointappforvets@gmail.com. We will confirm by email when your profile has been unpublished.
Waypoint's messaging features let Members contact Providers. Messaging is provided for initial outreach and general coordination only.
These standards apply to all Member Content and Provider Content. All content you submit must comply with applicable federal, state, local, and international laws. Without limiting that requirement, content must not:
We are under no obligation to monitor content posted to the Platform, but we may do so, and we may remove any content that we determine in our discretion violates these Terms or is otherwise objectionable. We will not be liable for taking or declining to take such action.
As between you and Smokepit, you retain ownership of the content you submit to the Platform. By making any content available on or through Waypoint, you grant Smokepit a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, adapt, modify (for formatting purposes), publish, publicly display, distribute, and otherwise use that content for the purposes of operating, improving, promoting, and marketing the Platform. This license continues for as long as reasonably necessary for those purposes, consistent with our Privacy Policy.
Smokepit may also use aggregated, de-identified data derived from use of the Platform for research, analytics, and product development. We do not sell personal information, as described in the Privacy Policy.
You represent and warrant that you own or have the necessary rights to the content you submit and that it does not violate these Terms or the rights of any third party.
Waypoint is provided solely for the purposes described in these Terms. You agree not to (and not to permit any third party to):
Smokepit reserves the right to investigate violations and pursue remedies to the fullest extent of the law. We may access, preserve, and disclose information where required by law or where we believe in good faith it is reasonably necessary to respond to legal process, enforce these Terms, prevent fraud or abuse, support investigations or customer support, or protect the rights, property, or safety of Smokepit, our Members, Providers, or the public.
We respect the rights of copyright holders. If you believe your work has been copied on Waypoint in a way that constitutes copyright infringement, please send a notice consistent with the Digital Millennium Copyright Act, 17 U.S.C. §512, to our designated copyright agent:
Copyright Agent — Smokepit Syndicate LLP, 7106 NC Highway 42 S, Ramseur NC 27316, Email: waypointappforvets@gmail.com
Your notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Platform; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf.
"Smokepit Syndicate," "Waypoint," and all related names, logos, product and service names, designs, and slogans are trademarks of Smokepit Syndicate LLP or its licensors. You may not use these marks without our prior written permission. All other names, logos, and marks on the Platform are the property of their respective owners.
The Platform may contain links to third-party websites, resources, and services, including VA websites, Provider websites, and nonprofit resources. Smokepit is not responsible for the availability, accuracy, content, products, or services of any third-party site or resource, and a link does not imply endorsement. You assume all risk arising from your use of third-party websites and resources. Portions of the Platform may include third-party or open-source software, which may be subject to additional license terms.
Smokepit may suspend or terminate your access to all or part of the Platform, or terminate this Agreement, at any time, with or without notice, in its sole discretion, including if we believe you have violated these Terms. You may stop using Waypoint, or request deletion of your account, at any time by contacting waypointappforvets@gmail.com. Sections of these Terms that by their nature should survive termination — including Sections 7 and 13 through 19 — will survive. Smokepit will not be liable for any termination of your access or its consequences, and is not obligated to retain, return, or delete content you have shared except as described in the Privacy Policy or required by law.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SMOKEPIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. SMOKEPIT MAKES NO GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT, INCLUDING PROVIDER CONTENT AND INFORMATION ABOUT VA PROGRAMS OR BENEFITS. SMOKEPIT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM SMOKEPIT OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Any statutory warranties that cannot be disclaimed are limited in duration to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMOKEPIT AND ITS PARTNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS; (B) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM; (C) ANY CONDUCT OF, OR SERVICES PROVIDED BY, ANY PROVIDER OR MEMBER; (D) ANY RELIANCE ON CONTENT AVAILABLE THROUGH THE PLATFORM; OR (E) TERMINATION OF YOUR ACCESS. SMOKEPIT DOES NOT ACT AS AGENT OR REPRESENTATIVE OF ANY PROVIDER LISTED ON THE PLATFORM.
IN NO EVENT WILL SMOKEPIT'S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. If you are dissatisfied with the Platform or these Terms, your sole and exclusive remedy is to stop using the Platform. You agree that the limitations in this section and the disclaimers in Section 13 are essential elements of these Terms, reflect a reasonable allocation of risk, and apply even if a limited remedy fails of its essential purpose; Smokepit would not be able to offer the Platform without them.
You agree to defend, indemnify, and hold harmless Smokepit and its affiliates, and their respective partners, officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with (a) your access to or use of the Platform; (b) your violation of these Terms; (c) content you submit; or (d) your interactions with, or services received from, any Provider or Member, including any resulting injury, loss, or damage.
To the fullest extent permitted by law, you release and hold harmless Smokepit and its affiliates from any claims, damages, losses, or injuries arising from or related to the Platform or any dispute between you and any other Member or Provider.
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of North Carolina, without regard to its conflict of laws principles. To the extent permitted by law, any claim relating to your use of the Platform must be brought within one (1) year after the claim arises, or it is permanently barred.
Agreement to arbitrate; class waiver. Except as provided below regarding small claims court, you and Smokepit agree that any dispute, claim, or controversy arising out of or relating to the Platform, its Content, these Terms, or our Privacy Policy and privacy practices will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. Arbitration uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited court review. YOU AND SMOKEPIT EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. The Federal Arbitration Act governs the interpretation and enforcement of this section, which survives termination of your account, your use of the Platform, and these Terms.
Pre-arbitration notice. Before starting arbitration, the party asserting a claim must send the other a written Notice of Claim describing the dispute, the supporting facts, and the relief sought. Notices to Smokepit must be sent by trackable courier to: Legal Department — Notice of Claim, Smokepit Syndicate LLP, 7106 NC Highway 42 S, Ramseur NC 27316. The parties will attempt in good faith to resolve the claim; if it is not resolved within sixty (60) days of the Notice, either party may commence arbitration or file in small claims court if eligible.
Procedure. Arbitration will be administered by the AAA under its rules, available at www.adr.org or 1-800-778-7879; if those rules conflict with this section, this section controls, and the arbitrator must follow these Terms. If you are required to pay a filing fee and your claim is $10,000 or less, Smokepit will reimburse the filing fee promptly after receiving notice that arbitration has begun. Unless the parties agree otherwise, hearings will take place in Randolph County, North Carolina; for claims of $10,000 or less, you may choose to proceed on documents only, by telephone, or in person under the AAA rules. The arbitrator will issue a written decision with essential findings and conclusions, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as warranted by that party's individual claim. Settlement offers will not be disclosed to the arbitrator. The arbitrator may not consolidate claims of multiple parties or preside over any class or representative proceeding; if this class waiver is found unenforceable as to a particular claim, then this entire arbitration section is void as to that claim.
Small claims option. Either party may bring an individual action in small claims court for qualifying claims instead of arbitration.
Opt-out. You may opt out of this arbitration agreement by sending a written, signed opt-out notice, received within thirty (30) days of the date you first accept these Terms, by trackable courier to: Arbitration Opt-Out, Smokepit Syndicate LLP, 7106 NC Highway 42 S, Ramseur NC 27316. Your notice must include your full legal name, mailing address, the email address associated with your account, the date you first used the Platform, and the statement: "I elect to opt out of the Arbitration Agreement in the Waypoint Terms of Use." An opt-out notice is effective only upon receipt within the opt-out period; incomplete or late notices are invalid. Opting out of arbitration does not affect any other provision of these Terms. If you do not opt out within the required period, your continued use of the Platform constitutes acceptance of this arbitration agreement.
Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features (which are incorporated by reference), constitute the entire agreement between you and Smokepit regarding the Platform and supersede all prior understandings.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be replaced with a valid provision that most closely reflects the original intent, and the remaining provisions will remain in full force.
No waiver. Smokepit's failure to enforce any right or provision is not a waiver of that right or provision. Waivers are effective only if in writing and signed by an authorized representative of Smokepit.
Electronic communications and signatures. By using the Platform or communicating with us electronically, you consent to receive communications from us electronically, and you agree that such communications satisfy any legal requirement that they be in writing. Tapping or clicking buttons such as "I Agree," "Sign Up," or "Submit" constitutes your electronic signature and creates a binding agreement.
Assignment. You may not assign these Terms without our prior written consent. Smokepit may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Headings. Section headings are for convenience only and do not affect interpretation.
Questions and concerns. Waypoint is operated by Smokepit Syndicate LLP. For questions about these Terms, or to report a concern about the Platform, a Member, or a Provider, contact us at waypointappforvets@gmail.com.