Terms of Service Agreement for The WayPoints Group, LLC

This Terms of Service Agreement (“Agreement”) is entered into by and between The WayPoints Group, LLC d/b/a WayPoints Coaching, The WayPoints Journey, WayPoints Financial Services, WayPoints Solutions (“Company”), and the Customer, Client or Member (“Customer”). This Agreement governs any and all Services, as defined herein, provided by the Company to Customer, purchased through on or through official Company-owned various websites and/or landing pages (“Website”).

By electronically accepting this Agreement, Customer acknowledges that Customer has read, accepts, and agrees to be bound by the terms and conditions herein. This Agreement shall become immediately effective upon Customer’s electronic acceptance of this Agreement. 

Services

1. The Company provides financial coaching services related to money management, financial literacy, general education, budget planning strategies, professional coaching, and related strategies. Services include, but are not limited to, educational training courses, eBooks, individual and group coaching sessions, virtual or in-person conferences, physical books, webinars, and workshops. Services are offered through service plans, programs, and/or memberships (“Service Plans”). Single, independent Services may be purchased from time to time in addition to the Service Plans. The specific Services provided by the Company to Customer are outlined by the Service Plan options under Schedule A., Company’s Website and/or Landing Pages.
2. The Company may, at its sole discretion, update the Service offering of any Service Plan with 30 days’ notice to the Customer. Although the Company shall make an effort to inform Customer directly of Service Plan updates, the updating of the Service Plan options on the Company’s website shall constitute notice.

Purchases and Fees

1. Service Plan fees are outlined in the specific Service Plan option, disclosed to Customer prior to final purchase of the Service Plan. Fees for independent Services are disclosed to Customer at checkout, prior to final purchase of the Service.
2. Service Plan fees may be charged as a one-time payment in full, monthly in advance, yearly in advance, monthly in arrears, or on a schedule determined by the Company and Customer at the time of final purchase of the Service Plan (“Fee Schedule”). Independent Service fees are charged as a one-time payment option.
3. Services under one-time payment or paid in full options are charged in advance of delivery of the Services. Payment for Service Plans under any Fee Schedule shall commence at the time of Customer’s purchase of the Service Plan, continuing on the schedule and for the duration as specified by the Service Plan.
4. The Company may, at its sole discretion, change the fees for Services and/or Service Plans. The Company shall inform Customer of any adjustment in fees and the Company’s rationale for the adjustment at least 30 days prior to the date the change in fees goes into effect. Fee adjustments shall take effect after the expiry of the Customer’s then current purchased Service Plan. The Customer’s continuing use of the Services or payment for the Services 30 days after the fee adjustment shall constitute Customer’s agreement to the increasing fee.
5. Purchase by the Customer of any and all Services and/or Service Plans, whether or not under a Fee Schedule, are final and non-refundable. The Company may, in Company’s sole discretion, offer Customer a full or partial refund for Services and/or Service Plans under circumstances deemed extraordinary by the Company.

Payments, Billing

1. Payment of fees shall be made online by debit, credit card, ACH debit, peer-to-peer, or other digital payment systems using a third-party payment processor gateway, linked to the Company’s Website. Customer is required to supply to Company certain information, including, but not limited to, Customer’s credit card or bank account information and numbers, the expiration date of Customer’s credit card, Card Verification Code (CVC), other verification codes, Personal Identification Number (PIN), Customer’s billing address, and Customer’s shipping information.
2. By designating a card to be billed, Customer (i) shall pay all applicable fees when due with a valid debit or credit card with sufficient funds at the time of billing and (ii) confirms that Customer is authorized to make such payment and that Customer is the holder of such card (i.e. that the card is issued in Customer’s name).
3. The Company may employ third-party services to facilitate payment of Service and/or Service Plan fees. Customer may be subject to separate or additional terms of such third-party services and may be required to enter into a separate written agreement with the third party for the provision of the third-party services. Customer grants Company permission to disclose Customer’s information related to Customer’s payment to any third-party services. The Company’s practices for collecting, maintaining, and disclosing Customer’s payment or billing information is governed by Company’s Privacy Policy on its (“Website”).

Termination and Cancellations

1. The Company may, in its sole discretion, forthwith and without notice, terminate or suspend Customer’s use and access to the Company’s Services or Website under the following circumstances:
   1. Customer’s breach of the terms of this Agreement;
   2. If the billing, contact or account information Customer provided to Company is false, fraudulent or otherwise inaccurate, incomplete or not current;
   3. If Customer’s credit/debit card is not valid, Customer does not have sufficient funds at the time of billing, or if Customer is otherwise delinquent;
   4. Following a request, an order for law enforcement, or Company is otherwise required to do so by law; or
   5. If the Company has elected to discontinue the Services or any part thereof.
2. Customer may terminate Services with the Company at any time by sending through Company Website, notifying Company of Customer’s intent to terminate such Services.
3. In the event of termination of Services or Service Plans under this Agreement by Customer or Company, no refunds will be issued for any payments of fees by Customer up to the date of termination. Where payment of a Service Plan is subject to a Fee Schedule, Customer shall pay a fee constituting the outstanding balance of the total fee due as subscribed under the Service Plan.
4. The expiration or termination of this Agreement shall not relieve Customer of Customer’s obligations to pay any accrued fees and/or charges (which shall be due upon the date of such expiration or termination) and will not affect Company or Company’s affiliates and their respective claims arising prior to such expiration or termination.

Company Materials

1. Company shall provide Customer with all necessary information, functionalities, materials, methods, forms, and content (“Service Materials”) relating to Services. Company, at its discretion, shall provide Customer with any updated Service Materials.
2. Service Materials shall remain the sole property of Company. Company grants Customer, for the duration of this Agreement, a limited, non-exclusive, and revocable license to use Service Materials. Customer license to use or possess the Service Materials is limited solely to Customer under this Agreement. Customer is not authorized to copy, reproduce, or otherwise disseminate materials provided or owned by Company, whether by electronic means or otherwise.
3. At the discretion of Company and/or upon termination of this Agreement, the license hereunder shall be automatically revoked. Customer shall promptly surrender and deliver to Company all Service Materials and all copies thereof.

Confidentiality

1. Except as otherwise agreed or required by law, Company shall keep confidential all information concerning Customers’ financial affairs or investments, business strategies, and information.
2. Means of communication, such as wireless telephones and email, may be not secure from eavesdropping. It is impossible to guarantee the protection of Customers’ information in certain circumstances involving computers. This is particularly true of email and information stored on computers that are connected to the internet. Company will take commercially reasonable measures to prevent unauthorized access to information by utilizing encryption and other forms of security protection. Customer acknowledges the Company cannot be held responsible for instances of loss of confidentiality through wireless telephone or computer hacking.
3. Customer’s information provided to Company to access, purchase, and/or use the Services, is governed by Company’s Privacy Policy, under its Website.

Limited Liability

1. Company will not be responsible for any damages that the Customer claims result, directly or indirectly, from use of the Services, for any reason, including costs incurred while accessing the Services or the costs associated with any claims the Customer brings or tries to bring against the Company.
2. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS BUSINESS PARTNERS, OR ANY THIRD-PARTY (INCLUDING ANY RELATED CONTENT AND SERVICES) (“THIRD-PARTY PROVIDERS”), BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF THE CUSTOMER’S ACCESS, USE, MISUSE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR LINE OR SYSTEM FAILURE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS AND ANY THIRD-PARTY PROVIDERS SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY FOR THE SERVICES.
3. For jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, the Company’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

1. Customer shall fully cooperate to supply Company with complete, truthful and timely information when necessary for Company to provide its Services to Customer. Customer understands Customer is solely responsible for the implementation of Company’s Services, including seeking appropriate legal, tax, and other professional advice in implementation. Customer shall indemnify and hold harmless Company, its owners, officers, directors, employees, agents, successors and assigns (collectively “Company Indemnified Parties”) from any and all liability that may be incurred by Company as a result of its providing advice, management services, templates, education, or other Services to Customer pursuant to the terms of the Agreement and shall reimburse Company for reasonable attorney’s fees or costs resulting from any claim or litigation.
2. Customer shall indemnify and hold harmless Company Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to a breach of any of the provisions of this Agreement by Customer, or Customer’s use of Company’s Services; provided the indemnified actions do not constitute gross negligence, willful misconduct or material breach of the Agreement on the part of Company.  The terms of this provision shall survive termination of this Agreement.

Disclaimers

1. The Company disclaims all implied warranties and similar obligations. There are no warranties that extend beyond any express warranties contained in this Agreement. Customer affirms that it has not relied upon the Company’s skill nor judgment to select or furnish the Services for any particular purpose beyond any specific express warranties in the Agreement. Any information provided by the Company is based on information provided by the Customer. The Company does not warrant the Services will comply with requirements of any code or regulation of any federal, state, municipality, or other jurisdiction beyond the specific express warranties in this Agreement.
2. The Company does not sell financial investments, instruments, or insurance products, endorse, or receive referral fees from any financial service providers.
3. The Company is not a certified financial planner nor certified financial advisor. The Company is not a legal, licensed or regulated professional service for any financial or other legal, licensed or regulated professional service, and no oral or written information or advice provided by the Company, their officers, directors, employees, or agents, nor any information obtained through the Services, will or shall constitute any legal, licensed or regulated professional financial service or other professional services. Excluded Professional Services (“Excluded Services”) include, but are not limited to, personal financial planning and advising, banking, money and debt management, investing, accounting, bookkeeping, insurance planning and sales, brokerage services, tax planning, personal or relationship counseling, or other legal, licensed or regulated professional services.
4. Customer may receive information and other resources on Excluded Services, but will not receive Excluded Services. The Company recommends Customer consult with a legal, licensed professional advisor for such guidance.  The Company is not qualified to prepare any accounting or legal documents for the implementation of recommendations, including, but not limited to, legal advice, opinions, determinations, documents, or tax returns and accounting documents.
5. While the Services may provide significant assistance in helping Customer manage Customer’s finances, and regardless of how any information or material is described at the time it is provided to Customer, such information or material provided by Company to Customer is solely as a convenience and for informational purposes.
6. Customer is solely and exclusively responsible for all financial decisions made by Customer or by any other third party on Customer’s behalf, whether made as a result of or while using Company’s Services or otherwise.

Governing Law

1. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule. The sole place of venue for any lawsuit or legal action arising from this agreement shall be Allegheny County, Pennsylvania. For purposes of any action brought as a result of this Agreement, the Customer’s use of Company’s Services, or any other action between the parties, the parties hereby consent to, submit to the personal jurisdiction of and waive any objection to, the exclusive jurisdiction of state court in Allegheny County, Pennsylvania, and the United States District Court for the Western District of Pennsylvania. The parties further consent to and waive any objection that venue of any action brought as a result of this Agreement or the Customer’s use of Company’s Services is proper in the above jurisdictions.

Modification

1. The Company shall have the right, in its sole discretion, at any time and without notice, to add to or modify the Website, Services, or the terms of this Agreement by updating any of the foregoing. By continuing to access or use the Websites or Services after the Company has posted a modification on the Website or has provided Customer with notice of a modification, Customer indicates that Customer agrees to be bound by the new changes to the Website, the Services, or the Agreement, as applicable. Customer is advised to pay attention to the Website, Services, or the terms of the Agreement on a regular basis for changes.

Miscellaneous

1. Headings are given to the Sections and subsections of the Agreement solely as a convenience to facilitate reference. Such headings shall not be deemed in any way material or relevant to the construction or interpretation of the Agreement or any provision thereof.
2. No change or modification of this Agreement shall be valid or binding upon the parties unless the change or modification is in writing and signed by the parties. Notwithstanding the preceding sentence, the Company may amend the Agreement to the extent permitted by the Agreement.
3. The parties acknowledge that this Agreement sets forth the entire understanding and agreement of the parties and supersedes all previous understandings, discussions, or negotiations between the parties, written or oral, regarding the Agreement or Company’s Services. Customer acknowledges and certifies that Customer has carefully read and understands this Agreement and Customer has had the opportunity to have the agreement reviewed by legal counsel and negotiate the terms of the Agreement.
4. If one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. In the event any provision is held illegal or unenforceable, the parties shall use reasonable efforts to substitute a valid, legal or enforceable provision which, insofar as is practical, implements the purposes of the provision held invalid, illegal and unenforceable.
5. Failure at any time to require performance of any of the provisions herein shall not waive or diminish a party’s right thereafter to demand compliance therewith or with any other provision. Waiver of any default shall not waive any other default.  A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized officer of the party making such waiver.
6. Any notice, request, instruction, or other document to be given hereunder shall be in writing and delivered personally or sent by first class mail, postage prepaid, addressed, if to Company, to the following:

The WayPoints Group, LLC

301 Jacks Run Road

Pittsburgh, PA 15202-1101

Contacting Company

1. If Customer has any questions about this Agreement, please contact through Company Website.
    

Updated 02/16/25