Privacy policy
Terms of Use
Last updated May 4, 2023
Waypoint Wellness, LLC. (“Parallel,” “us,” “we”) protects any information that can be used to identify you directly or indirectly (“Personal Data”). This Privacy Policy (“Policy”) describes how we collect and process Personal Data on our www.parallel.la and www.yourprism.com websites and any other Parallel websites where you can find this Policy (“Parallel Sites”). When you access, view, browse, and use the Parallel Sites, you are telling us that you agree with this Policy. If you do not agree with any part of this Policy, please do not access, view, browse and otherwise use the Parallel Sites.
I have a question about this policy; how can I reach Parallel?
If you have questions or concerns about this Policy or questions about exercising your privacy rights (including accessing, correcting, amending and receiving copies of your Personal Data; withdrawing express consent to processing of your Personal Data; restrict the kinds of processing of your Personal Data; and request that your Personal Data be deleted) you can always reach out to Waypoint Wellness, LLC, 10960 Wilshire Blvd., 5th Floor, Los Angeles, CA 90024, a data controller for Personal Data collected and processed in connection with the Parallel Sites. You can also just email us at privacy@parallel.la.
What information do you collect and how do you collect it?
You may share information about you when you reach out to us, correspond with us by phone, email or otherwise, fill in forms on the Parallel Sites.
We automatically log information about you and your computer when you visit the Parallel Sites (more on this below). This includes computer operating system type, browser type, and language, how long you spent on a page, access times, geolocation, and information about your use of and actions on the Parallel Sites.
As is true of most websites, Parallel gathers certain information automatically and stores it in log files. This information includes aggregated data: internet protocol (IP) address, operating system, browser type, internet service provider (ISP), referring/exit website pages, date/time stamp, clickstream data, and services metrics (including your interactions with service features and content, your preferences, and occurrence of technical errors). This information does not identify individual users, and we use it to analyze trends, to administer the Parallel Sites, to track visitors’ movements around the Parallel Sites and to gather demographic information about our user base. We do not link this automatically collected data to personally identifiable information. We may disclose aggregated information about you and information that does not identify any individual or device, without restriction.
Parallel Sites use cookies. Cookies are small data files stored on your hard drive by a website. We may place cookies on your computer or device and receive information stored in cookies when you use or visit Parallel Sites. Cookies help Parallel to make our Parallel Sites and your visit better. We may also use cookies to see which parts of the Parallel Sites people use and like, and to count visits. We process the cookie data collected in accordance with this Policy. Parallel may receive and use information stored in third-party cookies placed on your computer or device by our service providers, or by social media platforms you visit when accessing our social media pages.
You can choose, at any time, to permanently deny the setting of cookies by changing the setting of your Internet browser. This is possible in all popular Internet browsers. However, deactivating the setting of cookies may change the availability of some functions available through the Parallel Sites.
You can learn more about how cookies work at: allaboutcookies.org.
We may obtain aggregated demographic and lifestyle information from third-party service providers, applications, social media platforms, and partners, as a part of joint marketing activities. We use this information to better understand our core audience, so that we may provide content and marketing materials that resonate with you. While these third parties have privacy policies different from Parallel’s, we process the aggregated data received in accordance with this Policy.
What happens when I sign up for your newsletter?
We use a Newsletter to communicate with you about the Parallel Sites, new content, and our services and promotions. We work with Mailchimp to deliver our Newsletters to the email address you provide, and Mailchimp receives and processes, on our behalf, the data needed to ensure the Newsletters make it to you, such as your email address, IP address, and device name. Mailchimp also helps Parallel to analyze our Newsletter campaigns. When you open an email sent with Mailchimp, a file contained in the email called a Web Beacon connects to the Mailchimp servers located in the USA. This allows us to determine whether a Newsletter message has been opened and how you may have interacted with the message or links contained in it. Newsletter subscription data will be stored by us and Mailchimp until you unsubscribe from the Newsletter. If you choose to unsubscribe, the data will be deleted from Mailchimp’s servers and ours.
Information on Mailchimp and how it may process data can be found here: mailchimp.com/legal/privacy
What legal basis do you have to collect my information?
Parallel collects Personal Data only when we have a legal basis to do so.
In most cases, and where processing of Personal Data does not unduly infringe your rights and freedoms, Parallel relies on our legitimate interests in conducting normal business operations. Our legitimate interests include but are not limited to, enhancing the security of our network and information systems, carrying out processing operations for statistical purposes, and identifying or preventing fraud. We may also need to process your Personal Data in order to perform on a contract to which you are a party. In some cases, we may have to process your Personal Data to comply with laws and regulations.
Does Parallel share my Personal Data?
Parallel is not in the business of selling your Personal Data. Still, your Personal Data may be shared with third-party service providers, advertising partners, Parallel’s affiliates, social media platforms, other third parties (with your permission), and for protection of Parallel and others.
Third-party providers hired by us to perform functions on our behalf may require access to Personal Data to perform their services, like processing payments, transmitting content, data analysis, etc. All third-party providers must process Personal Data in accordance with this Policy and as permitted by applicable data protection laws.
We may share aggregated data with advertising partners (including the ad networks, ad-serving companies and other service providers they may use) so that they may deliver targeted interest based Parallel content and marketing materials to similar demographics.
We may release all data collected to our subsidiaries and/or affiliates so that we can continue to run the Parallel Sites and to improve our services.
When you visit any of the Parallel social media pages, like our Instagram or LinkedIn pages, Personal Data is processed by us and by the relevant social media platform. Social media platforms have direct access to both the relevant information on our social media pages and to your social media profile. All social media platforms assume data protection obligations towards you, and we encourage you to read the privacy policies for LinkedIn, Instagram, or any other social media site you may be able to access through Parallel Sites from time to time.
LinkedIn
Information on how LinkedIn may process data can be found here: linkedin.com/legal/privacy-policy
LinkedIn also uses cookies and similar technologies; you may read more about it here: linkedin.com/legal/cookie_policy
Instagram
Information on how Instagram may process your data can be found here: privacycenter.instagram.com/policy
Instagram’s cookies policy can be found here: privacycenter.instagram.com/policies/cookies
We may also share your information with third parties to whom you ask us to send your information.
Finally, because we care about our community, we may release Personal Data to comply with the law or with regulatory obligations and to protect the rights, property, and safety of others; to enforce or apply our Terms of Use and other agreements; and to protect Parallel’s rights, property, and safety.
How secure is my Personal Data?
Parallel Sites are designed with security in mind. We use encryption protocols and software to protect your Personal Data during transmission, and work to maintain electronic, physical, and procedural safeguards when collecting, storing, or disclosing your Personal Data.
Because Parallel is a United States-based company, we process all data collected through the Parallel Sites in the United States. This means that if you are a resident of the European Economic Area (EEA) countries, European Free Trade Association (EFTA) countries, or the United Kingdom (UK), when you provide Personal Data to us, you consent to transfer such Personal Data to the United States. Although the laws of the United States do not provide legal protection that is equivalent to EU data protection laws, we safeguard your personal information by treating it in accordance with requirements of the General Data Protection regulation (GDPR).
Can I withdraw my consent for Parallel’s processing of my Personal Data?
If you consented to Parallel’s processing of your Personal Data for a specified purpose, you may withdraw your consent at any time. Subject to applicable law, you have the right to request access to, correct, and delete your Personal Data, and to ask for data portability. You have the right to object to our processing of your Personal Data or ask that we restrict the processing of your Personal Data in certain instances. If you wish to do any of these things, please reach out to us at privacy@parallel.la.
How long does Parallel keep my Personal Data?
We keep your personal information to enable your continued operation of the Parallel Sites, for as long as it is required in order to fulfill the relevant purposes described in this Policy, or as may be required by law such as for tax and accounting purposes, or as otherwise communicated to you.
I am a California resident. What are my rights?
The California Consumer Privacy Act of 2018 (CCPA), and the California Privacy Rights Act (CPRA) of 2020, give consumers more control over the Personal Data.
As a California resident, you have the right to know the categories and specific pieces of Personal Data we collect, use, disclose, and sell about you, the categories of sources from which we collected your Personal Data, our purposes for collecting or selling your Personal Data, the categories of your Personal Data that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared Personal Data.
You have the right to request that we delete the Personal Data we have collected from you or maintain about you. Although Parallel does not sell your Personal Data, we want to let you know that all California residents have the right to opt out of sale(s) of your Personal Data.
Finally, you have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA and the CPRA.
California also protects your privacy through California’s Shine the Light Law, Civil Code Section § 1798.83. Shine the Light Law allows California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. Although Parallel does not disclose Personal Data third parties for such purposes, you may contact us with further questions at privacy@parallel.la.
To exercise any of the above rights, please contact us at and submit the required verifying information to privacy@parallel.la.
The following terms and conditions (the “Terms of Use” or “Agreement”) are a legally binding agreement between each user (“User”, “you” or “your”) and Waypoint Wellness, LLC, a Delaware limited liability company. (“Prism”, “us”, “our” or ‘we”) regarding your use of Prism Site and/or Services (all as defined below). Prism is the owner and operator of the yourprism.com website (the “Site”), Prism newsletter, email notifications or any related applications provided by us (collectively, the “Services”), and all content and features contained in the foregoing. By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18). If you do not agree to any of these terms and conditions, please do not use the Service. By agreeing to our Terms of Use, you’re also consenting to our Privacy Policy and Cookie Policy.
PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS-ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE BELOW FOR MORE INFORMATION REGARDING THE ARBITRATION CLAUSE AND HOW TO OPT OUT.
We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on our Site will constitute notice to you of such revised Terms of Use and that your access or use of the Site or Services after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are at least eighteen (18) years of age.
In order to register for the Services, you must provide your name and email address. We will use this information in conformance with our Privacy Policy. You are required to provide correct and accurate registration information.
Our servers are located in the United States. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Services. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated. Regarding how we treat your personal information in these special promotions, please refer to the Privacy Policy.
Prism’s community functions best when its Users follow rules and guidelines. By accessing and/or using the Site or any Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; you will not use this Site or the Services in a manner (as determined by Prism its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable; you will not use this Site or the Services for hate speech, hate crimes or violence; You will not use this Site or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services; you will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by Prism; you will not access Prism Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as Prism may designate; you will not use this Site or the Services, including any of Prism’s related technologies, for any commercial use without Prism’s express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
Prism reserves the right to modify, change, or discontinue any aspect of this Site or the Services at any time.
You understand that all information, including your name and email address; data, including your IP address and other personally and non-personally identifiable information we collect about you through the Service; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such User Content or material.
While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete , move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party.
By submitting or posting your User Content to or on the Service, you grant us, and our affiliates, agents, third party partners, and assignees a non-exclusive, irrevocable, sublicensable and royalty-free license in perpetuity throughout the universe to host, display, transmit, distribute, reproduce, modify, edit, translate, create derivative works from, store, archive, cache, sell, sublicense and otherwise your User Content in any and all manner and media, whether now known or hereafter devised, and you release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Prism the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant these licenses. Upon Prism’s request, you will furnish Prism any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Prism reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.
We reserve the right to revoke any link to any page of the Site, the Services, or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
The Services may contain links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and we do not review, approve, endorse, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and when you click on any of the Third-Party Links, the applicable third party’s terms apply, including the third party’s privacy and data gathering practices.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Site or Services. We will not be liable or responsible to you or any third party for such termination.\
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY PRISM OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE WEBSITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE WEBSITE AND YOU SHOULD NOT USE THE WEBSITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PRISM, ITS AFFILIATES OR ANY THIRD PARTY.
THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. PRISM STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Prism, its officers, directors, employees, agents, licensors, suppliers, partners, members, managers, and their respective successors, assignees, and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to use of the Site or the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your Prism account, email account(s), social media account(s), or IP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.
If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK, AND THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PRISM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PRISM. PRISM IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.
EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR PRISM AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE WEBSITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRISM AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE WEBSITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE WEBSITE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $50 (WHICHEVER IS GREATER).
UNDER NO CIRCUMSTANCES WILL PRISM AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS PRISM AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. PRISM MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE WEBSITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
These Terms of Use and any dispute that may arise between you and Prism shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services from the Website, you and Prism agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to hello@yourprism.com. We will send any notice of dispute to you at the contact information we have for you. You and Prism will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at hello@yourprism.com with “Arbitration Request” in the subject line. You may also contact us by mail at:
Waypoint Wellness, LLC.
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
Attn: General Counsel, Legal Department
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with Prism only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California. This arbitration agreement will survive expiration or termination of these Terms of Use.
No waiver by Prism of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Prism to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The content on this Site and the Services, including without limitation the text (such as the articles found on our blog or in our newsletter), software, scripts, source code, graphics, audio, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Prism Content”), are owned by or licensed to Prism in perpetuity, and are subject to copyright, trademark, or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Prism Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Prism. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement other than the right to use the Site and Services for their intended purpose in conformance with the functionalities specifically developed for them. Prism reserves all rights not expressly granted in and to Prism Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights. If you violate any part of this Agreement, your permission to access and/or use Prism Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Prism Content. The trademarks, service marks, and logos of Prism used and displayed on the Site the Services are registered and unregistered trademarks or service marks of Prism. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others. Nothing on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks, without our prior written permission specific for each such use. Use of the trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Prism trademarks inures to our benefit. The Site and the Services have been specially designed to present Prism Content in a unique format and appearance. We are concerned about the integrity of Prism Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Elements of the Site and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. Neither you nor any third party shall make use of Prism Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Prism has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Prism’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe that your content has been copied in a way that constitutes copyright infringement, please notify us at hello@yourprism.com. Prism will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Prism removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to Prism regarding matters other than informing Prism that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process.
We may use your email to deliver Prism’s Newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. If you send an email to us, or fill out our “Feedback” form, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You can unsubscribe from receiving Prism emails at any time. You can unsubscribe by clicking on the “Unsubscribe” link in the footer of any Prism email and following the instructions. We will cease sending you emails within a reasonable time after you request.
Any data we collect about you in the course of using our Site and Services will be used in conformance with our Privacy Policy. We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. Prism cannot ensure or warrant the security of any information you transmit to Prism or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, any information you provide to us will be transferred to the United States. By providing us with any information, you consent to its transfer and storage in the United States.
These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and Prism with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Except in the case of your indemnification obligations hereunder, there are no third party beneficiaries to these Terms of Use. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.
It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms of Use, please feel free to contact us by e-mail at hello@yourprism.com or write to us at:
Waypoint Wellness, LLC.
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
Attn: General Counsel, Legal Department