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Terms & Services

1.  INTRODUCTION

 

Please read these Terms of Use ("Agreement", "Terms of Use,” “Terms”) carefully before using My Safe Place/40-Day Challenge (The Challenge, the "Site”) operated by The WAYStation, Inc. and/or its subsidiaries ("us", "we", "our"  "The WAYStation, Inc." or “My Safe Place/40-Day Challenge, WAYStation Online). These Terms create a legal agreement between you (“you” “your” “user,” “My Safe Place user”) and The WAYStation, Inc. – setting forth the legally binding terms and conditions for your use of the Site at www.waystation-online.teachable.com, surveyanyplace.com, or www.thewaylady.com.

 

These Terms thus govern your access to and use of our Sites, applying to all aspects of your experience with the Sites and your use of its features, curriculum and counseling supports – including email notifications, applications, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, as defined below, (collectively referred to as “Content”). This also includes all commentary added or included on the Site by you and by third parties. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms and you may not use the Services if you do not agree to these Terms. 

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To read more about The WAYStation's (My Safe Place/40-Day Challenge/WAYStation Online) commitment to data security and privacy of personal information, review the Privacy Policy here (called "Privacy Policy" below). 

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These Terms bind you to the terms and conditions set forth herein in connection with your use of the Site, any mobile applications or connected applications such as video conferencing features or other offerings on our website (collectively, our "Services"). By accessing or using the Sites in any manner, including, but not limited to, visiting or browsing the Sites, clicking the “send", "submit" or "signup” buttons or contributing Content or other materials to the Sites, you agree to be bound by these Terms of Use. If you do not agree to all these Terms, do not agree to the term and services, and do not use the My Safe Place/40-Day Challenge/WAYStation Online Site, and affiliated Sites, or Services. If these terms are considered an offer by The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online), acceptance is expressly limited and conditioned upon your assent to all these terms of these Terms of Use.

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Any future version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that interpretations within the English language will dictate and control if there is any conflict.

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2.  CHANGES TO THIS AGREEMENT

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From time to time, we may update these Terms of Use to clarify our practices or to reflect new or different practices. More specifically, The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online reserves the right, at our sole discretion, to modify, update and change the Terms of Use from time to time by posting the updated terms on the My Safe Place Site. Any new features that augment, modify, or enhance the current Site, including the release of new tools and resources, shall be subject to the Terms of Use. Your continued use of the Site after any such changes become effective shall constitute your consent to such changes and your acceptance of the new Terms of Use. Modifications will become effective on the day they are posted unless stated otherwise.

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Please review this Agreement periodically for changes to ensure you are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms. If you do not agree to any of the current Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

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3.  VIOLATING THIS AGREEMENT

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Violation of any of the terms below may result in the termination of your subscription and rights to use the Site at our sole discretion. While The WAYStation, Inc.,/My Safe Place/40-Day Challenge/WAYStation Online prohibit certain conduct and Content associated with the Site, you understand and agree that The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online cannot be responsible for all individual commentary users may post on the Site and you nonetheless may be exposed to such prohibited materials. You agree to use the Site at your own risk.

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4.  GENERAL ACCOUNT TERMS OF USE

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  • 4.1  To sign up for the Site for adults, you must be a natural person 18 years of age or older. To sign up for the Site for teens, you must be a natural person 14 years of age or older.  Users under the age of 14 are not permitted. Accounts registered by “bots” or other automated methods are not permitted.

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  • 4.2  To use the My Safe Place/40-Day Challenge/WAYStation Online Site and its Services, users will need to register and obtain an Account and create a password. When users register, the information provided during the registration process will help The WAYStation, Inc. in offering Content, customer service, network management and other Services. 

 

  • 4.3  My Safe Place/40-Day Challenge/WAYStation Online users represent and warrant that Account information will be accurate at all times. 

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  • 4.4  My Safe Place/40-Day Challenge/WAYStation Online users are solely responsible for maintaining the confidentiality of their account, username, and password (collectively, "Account") and for all activities associated with or occurring under the Account. You agree that you shall take all steps necessary to protect your login details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Fortify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 

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  • 4.5  Although your account is completely private and anonymous, for Release form purposes, you must provide your legal full name, and any other information requested by The WAYStation, Inc/My Safe Place/40-Day Challenge/WAYStation Online.

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  • 4.6  Users must notify Us (a) immediately of any unauthorized use of their Account and any other breach of security, and (b) to ensure proper termination of your Account or of an add-on feature within your account such as counseling services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from My Safe Place/40-Day Challenge/WAYStation Online users’ failure to comply with the foregoing requirements or as a result of use of their Account, either with or without a user’s knowledge, prior to a My Safe Place/40-Day Challenge/WAYStation Online user notifying Us of unauthorized access to an Account.

 

  • 4.7  My Safe Place/40-Day ChallengeWAYStation Online users may not transfer an Account to any other person. Users may not use anyone else's Account at any time without the permission of the Account holder. In other words, your login may only be used by one person. A single login shared by multiple people is not permitted.

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  • 4.7.1  You are responsible for all Content posted and activity that occurs in connection with your use of the Site.

 

  • 4.7.2  You may not use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

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5. Payments

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My Safe Place/40-Day Challenge is free of charge to all participants. If participants wish to employ the services of The WAYStation, Inc. for text, phone, Skype or Zoom video sessions, or office appointments, all payments will be made to The WAYStation, Inc. and the participant will become a client of The WAYStation, Inc. and its services.

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6.  TERMINATION & CANCELLATION

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  • 6.1  The WAYStation, Inc,/My Safe Place/40-Day Challenge/WAYStation Online in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site, or any other of the Services, for any reason at any time, and specifically if the participant fails to respond within 10 days without a reasonable excuse such as vacation, illness, etc. Such termination of the Site will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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  • 6.2  If you breach or violate any of these Terms or any of our applicable policies, as posted on our Site from time to time, The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online may take action immediately without prior notice to you. If we take action pursuant to this section, we shall not have any liability to you for any service period you may have purchased nor for any other use of our Services associated with your Account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our Site or its features and services.

 

  • 6.3  You may terminate your Account access to the Site at any time, by messaging Dr. Robertson in the Interactive Response Form, or using the Contact form on the My Safe Place page of The WAYStation, Inc. You are solely responsible for contacting Dr. Robertson to cancel or give excuse as to a longer than 10 day absence from participation on the Site. 

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  • 6.4  Your My Safe Place Account will be accessible until the end of The Challenge (which is after we receive the final Interactive Response Form with a message to terminate). You can reinstate your account and visit The Challenge as often as you want. We have no obligation to retain any of your Account or submitted Content for any period of time.

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  • 6.5  If you cancel your participation in My Safe Place/40-Day Challenge/WAYStation Online before the completion of The Challenge, your Interactive Response From content will be deleted in regularly scheduled maintenance. 

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7.  MODIFICATIONS TO THE SITE AND PRICES

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The Services provided by My Safe Place/40-Day Challenge/WAYStation Online are always evolving and the form and nature of the Services that My Safe Place/40-Day Challenge/WAYStation Online provides may change from time to time without prior notice to you. Users acknowledge this and agree to the following:

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  • 7.1  My Safe Place/40-Day Challenge/WAYStation Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

 

  • 7.2  My Safe Place/40-Day Challenge/WAYStation Online may modify the Services or discontinue their availability at any time.

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  • 7.4  My Safe Place/40-Day Challenge/WAYStation Online shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or App.

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8.  COPYRIGHT AND CONTENT OWNERSHIP

 

  • 8.1  The Site, App and its original content, features, services and functionality are owned by The WAYStation, Inc. or its subsidiaries and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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  • 8.2  We claim no intellectual property rights over the commentary, responses and other material you or other third-parties provide to the Site. Your comments and Interactive Response Form feedback, or other organic contributions you make to the site remain yours. However, by posting content on a forum or comment thread publicly viewable to other My Safe Place/40-Day Challenge/WAYStation Online users, you agree to allow others to view and share your Content and you provide an irrevocable license to post and share such shared content on our Site, or any future website or application or in any of the Services.

 

  • 8.3  My Safe Place/40-Day Challenge/WAYStation Online does not pre-screen Content posted in the forum, but My Safe Place/40-Day Challenge/WAYStation Online and its agents have the right (but not the obligation) to refuse or remove any Content posted by users.

 

  • 8.4  All aspects of original content of the Site are copyrights of My Safe Place/40-Day Challenge/WAYStation Online, all rights reserved, and are subject to United States patent, trademark, and trade secrets laws of general application. You may not duplicate, copy, print, reverse engineer, transfer, distribute, modify, or reuse any portion of the Content, or create any derivative works based on the Content, including the HTML/CSS or visual design elements, without express written permission from Fortify. Use of the Site does not constitute an assignment by Fortify of any rights or interest in the Site except as provided in these Terms of Use.

 

  • 8.5  You consent to the entry of injunctive or other special relief to protect the copyright, patent, trademark, and trade secret rights of My Safe Place/40-Day Challenge/WAYStation Online in the Site, as determined necessary by My Safe Place/40-Day Challenge/WAYStation Online.

 

  • 8.6  In the event that individuals provide permission to share their story in written, audio or video form, on My Safe Place/40-Day Challenge/WAYStation Online, there will be a separate arrangement whereby their visual, audio and written content become owned by The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online.

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9.  PRIVACY

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  • 9.1  Any information submitted in connection with your use of the Services and that you or other users provide to My Safe Place/40-Day Challenge/WAYStation Online, is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, processing and use by My Safe Place/40-Day Challenge/WAYStation Online. 

 

  • 9.2  As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving and which you expressly consent to receive at the email address you provide to us.

 

  • 9.3  We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, its users and the public.

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10.  SPECIFIC OBLIGATIONS OF FORTIFY USERS

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As a Fortify user, you represent, warrant and commit that:

 

  • 10.1  For adult users in the My Safe Place/40-Day Challenge/WAYStation Online Site, you agree that you are over the age of 18.  For teen users in the Site, you agree that you are 14 years of age or older.

   

  • 10.2 You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, SMSs (or “spam” messages), chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or App and its features or services. 

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  • 10.3  You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous Content or information.

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  • 10.4  You agree not to reproduce, copy, reverse engineer, reproduce, distribute, sell, resell, modify, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any My Safe Place/40-Day Challenge/WAYStation Online material or any portion of the Site (or access to the Site) without the express written permission of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online.

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  • 10.5  You shall not modify, adapt, or hack the Site and App or modify another website so as to falsely imply that it is associated with the Site, The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, or any other The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online feature or service.

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  • 10.6  You will not impersonate another person or gain unauthorized access to another person's Account.

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  • 10.7  You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services. 

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  • 10.8  You will not disclose any personal information to another My Safe Place/40-Day Challenge/WAYStation Online user, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.

 

  • 10.9  You will not solicit personal information from any other My Safe Place/40-Day Challenge/WAYStation Online user.

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As a My Safe Place/40-Day Challenge/WAYStation Online user, you also acknowledge that you understand:

 

  • 10.10  Your use of the Site is at your sole risk. The features and Services on the Site and App are provided on an “as is” and “as available” basis.

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  • 10.11  Technical support is only provided to registered participants and is available via either email at mrobertson7@aol.com or using the contact form on the My Safe Place page on www.thewaylady.com, or on the Interactive Response Form.

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  • 10.12  My Safe Place/40-Day Challenge/WAYStation Online relies partly upon third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.

 

  • 10.13  Our Site may contain links to third-party sites that are not owned or controlled by The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online. The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

 

  • 10.14  We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

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  • 10.15  You understand that the technical processing and transmission of the Site, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online is not responsible for errors, disclosures, data losses, or any other damages resulting from processing and transmission of the Site.

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  • 10.16  The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online does not warrant that (i) the Site will meet your specific requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, Site information, or other material purchased or obtained by you through the Site will meet your expectations, and (iv) any specific errors in the Site will be corrected.

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  • 10.17  You understand that verbal, physical, written or other abuse (including threats of abuse or retribution) of any The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online customer, employee, member, or officer will result in immediate account termination, and other remedies at the sole discretion of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online.

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  • 10.18  The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online does not make any warranty, express or implied, with respect to the Site, including without limitation any warranty of merchantability, fitness for a particular purpose, results, or operation. You expressly understand and agree that The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.

 

  • 10.19 You understand that all Content submitted by users (in the community or comment threads) is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

 

  • 10.20  The failure of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use, including all incorporated policies of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, constitutes the entire agreement between you and The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online and govern your use of the Site, superseding any prior agreements between you and The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online (including, but not limited to, any prior versions of the Terms of Use).

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11.  COACHING/COUNSELING TERMS OF USE

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As a My Safe Place/40-Day Challenge/WAYStation Online user receiving feedback from Dr. Robertson, as a representative of The WAYStation, Inc. you understand: 

 

  • 11.1  No diagnosis or assessment. My Safe Place/40-Day Challenge/WAYStation Online feedback does not involve the diagnosis or treatment of mental disorders as defined by the National Psychiatric Association. My Safe Place/40-Day Challenge/WAYStation Online feedback is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, medical treatment or substance abuse treatment and My Safe Place/40-Day Challenge/WAYStation Online users will not use it in place of any form of diagnosis, treatment or therapy. Nothing contained in this Site or App is intended to be used as medical advice or to diagnose, treat, cure or prevent any disease.

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  • 11.2  No prescription or treatment. Although Dr. Robertson will offer encouragement or a chance to explore possibilities, they in no case dictate or “prescribe” a specific course of action. As noted, the assistance of Dr. Robertson through My Safe Place/40-Day Challenge/WAYStation Online is not a substitute for independent professional advice from a medical/health professional, or a client of The WAYStation, Inc. – nor does it replace professional advice by other legal, financial, business, spiritual or other qualified professionals. My Safe Place/40-Day Challenge/WAYStation Online users are encouraged to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. My Safe Place/40-Day Challenge/WAYStation Online users should not stop a medication or treatment protocol or alter your treatment plan without first consulting their mental health, medical or healthcare provider(s). All decisions in these areas are exclusively that of the individual My Safe Place/40-Day Challenge/WAYStation Online user and she/he acknowledges that her/his decisions and actions regarding personal mental and emotional wellness are her/his sole responsibility. 

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  • 11.3  Liability. My Safe Place/40-Day Challenge/WAYStation Online users are fully responsible for themselves and their actions within and outside of their participation and interaction in My Safe Place/40-Day Challenge/WAYStation Online. You are liable for any and all damages, losses, liabilities, claims, suits, costs and expenses (including attorney fees) (collectively, "Claims") resulting from or relating to any action by you. You further agree to indemnify and hold harmless The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online and its officers, directors and agents, from and against any and all damages, loss, cost, liability or expense (including attorney fees and costs) incurred by any such party in connection with any complaints, demands, claims, or legal actions alleging illness, injury, death, or damage caused by you except in the event the Claims are solely the result of the gross negligence or willful misconduct of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online.  

 

  • 11.4  Confidentiality. Dr. Robertson or any other agent of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online will not at any time, either directly or indirectly, voluntarily use any personal information about My Safe Place/40-Day Challenge/WAYStation Online users for their own benefit, or disclosure, or communicate this information to a third party. 

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  • 11.5  Exceptions to confidentiality. For the purposes of supplemental assistance, user information, including email address, may be provided to the designated therapist or accountability person so that they may contact users regarding My Safe Place/40-Day Challenge/WAYStation Online business or participation. My Safe Place/40-Day Challenge/WAYStation Online users also recognize that Dr. Robertson may consult with their therapist or vice versa where deemed necessary.

 

  • 11.6  Duty to report. The general requirement that Dr. Robertson or any agents of My Safe Place/40-Day Challenge/WAYStation Online keeps information confidential does not apply when disclosure is required to comply with government laws governing individuals. When deemed appropriate at its sole discretion, The WAYStation, Inc/My Safe Place/40-Day Challenge/WAYStation Online may provide user information, including identifying information that may have been entered into the Site by the user, to authorized law enforcement agencies. Such situations are include but are not limited to child pornography, child abuse, and a rape of a child, as well as evidence of abuse, assault or rape of an adult. Any of these situations would require disclosure to the proper authorities. In cases of threatened self-harm, or threatened (or actual) harm to an adult friend or family member, we may also take action to disclose information, on a case by case basis. 

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  • 11.7  Oversight updates. The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online reserves the right to modify or change the rules of feedback without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.

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  • 11.8  By using My Safe Place/40-Day Challenge/WAYStation Online, you agree with all the terms and conditions of this agreement.

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12.  TERMS OF THE MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE COMMUNITY & COMMENT THREADS 

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As a My Safe Place/40-Day Challenge/WAYStation Online user participating in My Safe Place/40-Day Challenge/WAYStation Online Community, you acknowledge that you understand: 

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  • 12.1  Information posted in the My Safe Place/40-Day Challenge/WAYStation Online forum is the opinion of the user who submitted the content and does not represent an official statement from My Safe Place/40-Day Challenge/WAYStation Online itself nor reflect an official endorsement from My Safe Place/40-Day Challenge/WAYStation Online. 

 

  • 12.2  Postings by other My Safe Place/40-Day Challenge/WAYStation Online users should not take the place of consultation with your health provider. Do not stop a medication or treatment protocol or alter your treatment plan without first consulting your mental health, medical or healthcare provider(s).  My Safe Place/40-Day Challenge/WAYStation Online does not endorse or recommend the use of any specific professional intervention for addiction – or any other mental, emotional or physical condition via the forum. Any use or reliance on any Content or materials posted via the forum or obtained by you through the forum is at your own risk.

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  • 12.3  Information posted in the My Safe Place/40-Day Challenge/WAYStation Online forum is not confidential. All messages posted in these categories become My Safe Place/40-Day Challenge/WAYStation Online Content and may be reused for other purposes without the author's prior consent.

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  • 12.4  My Safe Place/40-Day Challenge/WAYStation Online administration reserves the right, but is not obligated, to monitor postings and disallow postings that we believe to be inappropriate, inaccurate, or in conflict with these Terms, or My Safe Place/40-Day Challenge/WAYStation Online principles, standards and guidelines, without prior consent from the author. My Safe Place/40-Day Challenge/WAYStation Online administration reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any Content submitted by users. 

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  • 12.5  Posting any of the following may result in deletion of the post and termination of your ability to use the My Safe Place/40-Day Challenge/WAYStation Online Community.

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  • 12.5.1  Derogatory or offensive remarks directed towards other users

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  • 12.5.1  Sexual content

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    • 12.5.2  Argumentative messages or messages that are posted for the sole purpose of starting or maintaining arguments with other users

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    • 12.5.3  Messages used to conduct or encourage any illegal activities, including software infringement, spreading computer viruses, gambling, distribution of pornography, or other illegal activities

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    • 12.5.4  Messages used to upload, post, email, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

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    • 12.5.5  Messages that appear to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

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    • 12.5.6  Messages used to conduct polls, research or otherwise gather information from users, or that contain advertising, product promotion, or promotion of professional services, clinical trials, research, or links.

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  • 12.6  My Safe Place/40-Day Challenge/WAYStation Online users agree to use the My Safe Place/40-Day Challenge/WAYStation Online (Forum) comment section only to post, send and receive messages and material that are proper and related to My Safe Place/40-Day Challenge/WAYStation Online. By way of example, and not as a limitation, you agree that when using a My Safe Place/40-Day Challenge/WAYStation Online feature or service, you will not:

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    • 12.6.1  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

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    • 12.6.2  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

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    • 12.6.3  Advertise or offer to sell or buy any goods or services for any business purpose, unless given permission by My Safe Place/40-Day Challenge/WAYStation Online administrators.

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    • 12.6.4  Conduct or forward surveys, contests, pyramid schemes or chain letters.

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    • 12.6.5  Restrict or inhibit any other user from using My Safe Place/40-Day Challenge/WAYStation Online features including interaction opportunities.

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    • 12.6.6  Violate any code of conduct or other guidelines which may be applicable for any particular My Safe Place/40-Day Challenge/WAYStation Online feature or service.

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    • 12.6.7  Harvest or otherwise collect information about others, including email addresses, without their consent.

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    • 12.6.8  Violate any applicable laws or regulations.

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  • 12.7  We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the My Safe Place/40-Day Challenge/WAYStation Online forum/comment section or endorse any opinions expressed there. You understand that by using the Comment section, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Community or broadcast elsewhere.

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  • 12.8  By using the My Safe Place/40-Day Challenge/WAYStation Online Forum, the user agrees to indemnify and hold The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, its staff, and its agents, harmless from and against any liability, claims, damages, losses, costs, and expenses (including attorneys' fees) relating to any acts or omissions by users or to materials or information transmitted by users in connection with the use of the My Safe Place/40-Day Challenge/WAYStation Online Community.

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  • 12.9  Forum updates. My Safe Place/40-Day Challenge/WAYStation Online reserves the right to modify or change the rules of the Community (forum) without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.

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  • 12.10  By using the My Safe Place/40-Day Challenge/WAYStation Online forum, you agree with all the terms and conditions of this agreement.

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13.  INDEMNIFICATION

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You hereby indemnify, defend and hold harmless The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your actions or breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 13 and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

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Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

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Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

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14.  WARRANTY DISCLAIMER

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THE SERVICES, MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE CONTENT, SUBMITTED CONTENT, TRAINING, RESOURCES AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SITE AND ITS FEATURES AND SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

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15. LIMITATION OF LIABILITY

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NEITHER THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE WAYSTATION, INC. IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE OR A REPRESENTATIVE OF THE WAYSTATION, INC./MY SAFE PLACE/40-DAY CHALLENGE/WAYSTATION ONLINE CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

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  • 15.1  Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to mrobertson7@aol.com (with the subject line "Inaccuracies in Services on Third Party Platform Name") with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on our Services or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. 

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  • 15.2 System Outages. The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

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16.  ELECTRONIC NOTICES

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By using the The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online site or communicating with The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online, you agree that The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site and its features and Services, as well as your compliance with these Terms. If The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online learns of a security system's breach, The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Dr. Robertson at The WAYStation, Inc. at mrobertson7@aol.com or info@thewaylady.com.  Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. 

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17.  MISCELLANEOUS

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  • 17.1  Entire Agreement. These Terms and any policies applicable to you posted on our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

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  • 17.2  Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

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  • 17.3  Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Once again, the failure of The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

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  • 17.4  No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither The WAYStation, Inc./My Safe Place/40-Day Challenge/WAYStation Online nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

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  • 17.5  Governing Laws. These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of Tennessee without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Tennessee. Jurisdiction and venue for any action or proceeding involving these Terms of Use shall be proper is Rutherford Country, Tennessee. The prevailing party in any such action or proceeding shall recover its reasonable costs, expenses, and attorney's' fees incurred in such action or proceeding from the non-prevailing party.

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© 2018 The WAYStation, Inc.

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18.  CONTACT US

If you have any questions about this Terms of Use, please contact us at mrobertson7@aol.com or info@thewaylady.com. We welcome feedback, concerns or input. 

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