Last Updated: March 5, 2023

Welcome to www.waypointofview.com and all waypointofview subdomains which is operated by J&M Tonk LLC. (“we,” “us” or “our”). These terms and conditions of use (these “Terms”) apply to your use of www.waypointofview.com or any successor website and any services or content made available through the Site (collectively, with the Site, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

Accepting these Terms

BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU ARE ACCESSING OR USING OUR SERVICES ON BEHALF OF ANOTHER PERSON (SUCH AS USING THE SERVICES TO BOOK A TOUR FOR MULTIPLE PEOPLE OR GROUPS), YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON THAT PERSON OR GROUP’S BEHALF.  IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.

Terms of Sale

All sales made through the Services are governed by these Terms of Sale. The Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase through the Services.

All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice. 

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. J&M Tonk LLC reserves the right to collect such taxes or other fees from you at any time.

Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). 

When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

Privacy Policy

For information about how we collect, use and share information about users of the Services, please see our privacy policy. 

Eligibility, Registration, and Account

The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, and (d) have not previously had your rights to access or use the Services suspended or terminated.

Right to Use the Services

On the condition that you fully comply with these Terms, J&M Tonk LLC grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services or any contents of the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Services; or (f) attempt to gain unauthorized access to the Services or its related services, components, systems or networks.

J&M Tonk LLC Rights

As between you and J&M Tonk LLC, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks, images, software, services, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by J&M Tonk LLC or is used with permission. J&M Tonk LLC reserves all rights not expressly set forth in these Terms.

Downloadable Content

J&M Tonk LLC may permit you to download certain tip sheets, packing lists or other content from any Services (“Downloadable Content”). For clarity, Downloadable Content includes only content that J&M Tonk LLC specifically designates on the Services as available for download by users, even though you may be able to copy or download other content through your web browser or by other means. J&M Tonk LLC grants you a non-exclusive, non-sublicensable, non-transferable license to download, reproduce and use the Downloadable Content for your own non-commercial and personal use only, provided that you use the Downloadable Content (a) in accordance with applicable law, (b) in a manner that does not disparage or otherwise harm any of J&M Tonk LLC products, services or brands, and (c) otherwise in accordance with the usage guidelines and instructions that J&M Tonk LLC may make available on the Services from time to time. Without limiting the foregoing, you may not use any Downloadable Content for any business or other commercial purposes (business or commercial purposes does not exclude use for purposes of seeking employment through the Services) without J&M Tonk LLC prior written approval. You are solely responsible for your use of Downloadable Content. All goodwill arising from your use of the Downloadable Content will inure solely to the benefit of J&M Tonk LLC. J&M Tonk LLC may revoke this license at any time.

Third Party Materials

We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. Third Party Materials may also include, but not be limited to, links to third party websites or services that we recommend for purchasing J&M Tonk LLC products and services. When you leave the Services, you should be aware that these Terms and all other J&M Tonk LLC policies no longer govern your use of other websites and services.

Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent: Registered Agents INC.

Address of Designated Agent: Registered Agents INC., 7901 4th Street N STE 300, St. Petersburg, FL US 33702

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Feedback

Any suggestions, comments or other feedback you give us about the Services or any J&M Tonk LLC products and services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Indemnification

You agree to defend, indemnify and hold harmless J&M Tonk LLC, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “J&M Tonk LLC Parties”), from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, including without limitation any actual or threatened suit, demand or claim arising out your violation of these Terms or your violation of the rights of any third party.

Disclaimers

THE SERVICES AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL J&M TONK LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF J&M TONK LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF J&M TONK LLC ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO J&M TONK LLC FOR ACCESS TO OR USE OF THE SERVICES.

Release

To the fullest extent permitted by applicable law, you release the J&M Tonk LLC Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Changes to the Services

J&M Tonk LLC reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. J&M Tonk LLC will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with J&M Tonk LLC and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or J&M Tonk LLC seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or J&M Tonk LLC seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and J&M Tonk LLC waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. 

You and J&M Tonk LLC agree that any dispute arising out of or related to these Terms or our Services is personal to you and J&M Tonk LLC and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and J&M Tonk LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND J&M TONK LLC WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM. 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at waypointofview@gmail.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.

Governing Law

These Terms will be governed by and construed and enforced in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Pinellas County, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

General

Enforcement of these Terms is solely at J&M Tonk LLC discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.