Privacy policy
Cookies
Terms of Use
Last updated May 3, 2021
How Parallel treats your data
To best serve you, Waypoint Wellness, LLC, a Delaware limited liability company, the company that runs parallel.la, uses some of your data to create a better wellness platform. We want to be respectful and transparent about how we do that. For purposes of this document (this “Policy”), we will refer to ourselves as “Parallel,” “we,” or “us.”
We strive to be extremely respectful with what we collect and are constantly pushing ourselves to a higher standard with regards to privacy. We have drafted this Policy to help you understand how we collect, use, retain, and disclose data that we receive from you when you use our website at http://parallel.la (the “Site”) and read our email newsletter (the “Newsletter”).
If you’d like to get in touch with us about our services or about anything written in our Privacy Policy, you can reach us at info@parallel.la.
How do we get information and what information do we collect?
- Voluntarily from you. For example:
- When you contact us for support or questions, your Contact Information (such as email address, phone number, or physical address) and any information provided in your communications to us.
- From our service providers. When you visit our Site our web host and other service providers collect information that they provide to us:
- Log and Usage Data, such as your IP address; the type of device or browser you use; device and browser settings; inbound and outbound URLs and search queries; your approximate location based on your IP address; your actions on the Site (such as time on a page and clickthrough data); and how you interact with our Newsletter (such as what links you click and if and when you open the email).
- Demographic Information, such as gender, age, and interests may be provided to us in aggregated form by our service providers when you interact with ads we place on third-party sites or emails.
Where applicable we collect and use this data in conformance with our Cookie Policy. Data is generally provided to us by service providers who have already obtained your consent to provide that data to us. We encourage you to review our service providers’ privacy policies below to better understand our service providers’ practices and your choices:
Facebook: https://www.facebook.com/privacy
Google: https://policies.google.com/privacy
What we do with your data:
- Account Information: we use this information to provide the content and services you request. We use this information with your consent and to serve your legitimate interest to receive the content you signed up for. We may also use this information for direct marketing purposes, with your consent.
- Contact Information: we use this information to contact you in response to requests you make from us.
- Feedback and Content: we use this information to improve our services, Site, and Newsletter and to fulfill promotions. We use this information with your consent and to serve your legitimate interest in receiving quality content and service.
- Demographic Information: we use this information to better understand who is using our Site and Newsletter, so we can provide relevant content and tailor our marketing materials to our core audience. We use this information with your consent and with the consent of our service providers who provide it to us (where applicable).
- Log and Usage Data: we use this information to understand how our Site and Newsletter are used and to provide online service to you at your request. We use this data with your consent and with the consent of our service providers who provide it to us (where applicable).
What we don't do with your data:
- Sell personally identifiable information to any third parties.
- Store a long history of your data in order to profile you.
We disclose your data:
- To Advertising Partners: we may share aggregated, non-personally-identifying Demographic Information with our advertising partners, including affiliate marketers and networks, for purposes of targeting Parallel marketing materials to similar demographics through those partners.
- To Affiliates: we may share all data we collect with our subsidiaries and affiliated companies to assist in providing services to you and improve our services.
- To Service Providers: we may disclose Account Information and Log and Usage Data to our service providers who assist us in providing the services you request or to assist us in developing our business and services.
- To Social Media Platforms: we may offer functionalities to share or post information on our Site or Newsletter. The social-media platforms you share to might have access to certain information about that interaction (including your Feedback and Content) and associate it with your applicable social-media profile.
- As Required By Law: we may disclose your information in response to a lawful request for information from a regulator, law enforcement, or governmental body. We may also disclose your information as necessary (in our sole discretion) to protect the property, safety, and rights of ourselves and others.
- As Part of a Business Transfer: if we are acquired or part of a business combination or bankruptcy, user information may make part of the assets transferred to a third party.
Remember, you have choices:
- If you don't want your browser to accept any cookies, you can change your browser settings, BUT the Parallel services may not function properly. FYI, Parallel does not respond to any Do Not Track signals that your browser may send.
- Read more: Advertising Choices; Do Not Track Signals; Google Analytics Opt-Out.
Children’s privacy:
Our Site and Newsletter are not intended for users under the age of 18. We do not knowingly collect or distribute personal data from or about children under the age of 18. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at info@parallel.la.
International data transfers:
Our servers are located in the United States, though we may contract with service providers in other countries. By using our Site and Newsletter, you acknowledge that you may be exporting your personal data to servers located in the United States, where privacy laws may not be as protective as those in your state or nation.
Data retention and security:
We generally retain data as long as necessary for the applicable use disclosed in this Policy. In the case of data we receive from our service providers, we have access to such data for so long as permitted by those service providers, as detailed in their respective data retention policies. We destroy or anonymize any data that we have collected and no longer use.
We employ a number of technical, organizational, and physical safeguards designed to protect personal information we collect. However, no data transmission over the Internet or other network is 100% secure. As a result, while we strive to protect information transmitted over our Site, we cannot and do not guarantee the security of any information you transmit on or through the Site, and you do so at your own risk.
NOTICE TO NEVADA RESIDENTS
Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. To exercise this right, please contact us at info@parallel.la.
NOTICE TO CALIFORNIA RESIDENTS
The following contains disclosures required by the California Consumer Privacy Act (the “CCPA”) and applies only to “personal information” that is subject to the CCPA.
Sale of personal information.
We do not sell your personal information. Based on our understanding of the term “sell” under the CCPA, we do not “sell” your personal information (as defined under the CCPA) and have not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Policy. However, like many companies online, we use services provided by Google, Facebook, Mailchimp, and others that may help deliver interest-based advertising to you. You can review your options for opting out of such services in our Cookie Policy.
California Privacy Rights
California residents can make certain requests about their personal information under the CCPA. Specifically, if you are a California resident, you may request that we:
- provide you with information about: the categories of personal information we collect, disclose or sell about you; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we share personal information. Such information is also set forth in this Policy;
- provide access to and/or a copy of certain information we hold about you;
- delete certain information we have about you; and/or provide you with information about the financial incentives that we offer to you, if any.
Please note that certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance and to secure our Services. We may need certain information in order to provide the Services to you; if you ask us to delete it, you may no longer be able to use the Services.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights under the CCPA.
If you would like information regarding your rights under applicable law or would like to exercise any of them contact us at info@parallel.la. To protect your privacy and security, we take reasonable steps to verify your identity and requests before granting such requests, including by verifying your account information, residency, or the email address you provide. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
California customers may also request, once per year, that we disclose the identity of any third parties with whom we have shared personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed. Parallel does not disclose your personal information to third parties for the third parties’ direct marketing purposes unless you affirmatively agree to such disclosures.
California residents under age 18 who are registered users of online sites, services or applications may request and obtain removal of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
NOTICE TO USERS IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM, AND SWITZERLAND
For residents of the European Economic Area (EEA), United Kingdom and Switzerland, we advise that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). Our legal basis for collecting and using your personal information is to do so with your consent; where we need the personal information for performance of a contract or requested service, including to provide you with our Newsletter, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your personal information with your consent, you may withdraw your consent at any time.
Our retention of your personal information and any subsequent communications are based on our legitimate interest in providing you with new and potentially relevant materials based on your geography, role, or company. As always, you can elect to opt out from receiving such future communications.
Rights for EEA. UK or Swiss Residents
In addition, if you are a resident of the EEA, UK or Switzerland, you have the right to:
- Find out if we use your personal information, to access your personal information, and receive copies of your personal information.
- Withdraw any express consent that you have provided to the processing of your personal information at any time without penalty.
- Access your personal information and have it corrected or amended if it is inaccurate or incomplete.
- Obtain a transferable copy of some of your Personal information which can be transferred to another provider when the personal information was processed based on your consent.
- If you believe your personal information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your personal information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
- Request your personal information be deleted or restricted under certain circumstances. For example, if is using your personal information on the basis of your consent and has no other legal basis to use such, you may request your personal information be deleted when you withdraw your consent.
Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If we ask you to provide personal information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal information is required and if not, the consequences of not sharing your personal information with us.
Similarly, if we collect and use your personal information in reliance on our or a third party's legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.
We endeavor to apply suitable safeguards to protect the privacy and security of your personal information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.
To withdraw consent or exercise these rights, please contact us via email at info@parallel.la.
If you are not satisfied with our response, or believe we are processing your personal information in violation of the law, you have the right to lodge a complaint with the Supervisory Authority (also known as Data Protection Authority) or other appropriate governmental authority in your EEA Member State or Switzerland.
Contact us
Waypoint Wellness, LLC
Email: info@parallel.la
Address:
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
Cookie Policy 🍪
We collect certain personal data by using tracking technologies such as cookies, beacons, and pixel tags when you view our Site or Newsletter. These technologies collect information from you automatically and will collectively be referred to as “cookies.”
Cookies hold information that may be accessible by the party that places the cookie, which is either the website itself (first-party cookie) or a third party (third-party cookies). Cookies can also be session cookies, meaning they expire when your web session ends, or persistent cookies, meaning they continue tracking activity through multiple web sessions. You do have control over cookies, and can refuse the use of cookies by selecting the appropriate setting on your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable or delete existing cookies. Please note, however, that by not accepting or deleting the use of cookies, you may not be able to use certain features on our Site.
The cookies we use can be broadly categorized as follows:
- Necessary – essential to the functioning of the service. These are usually first-party cookies placed by our domain.
- Performance – help us track and understand user behavior on our Site and Newsletter.
- Advertising – used by us or our advertising partners to show relevant advertising to users and track advertising reach on various platforms.
Name/Service Provider | Data Collected | Category & Type |
---|---|---|
Facebook Pixel | Advertising | Demographic Information; Log and Usage Data |
Google Analytics | Performance | Log and Usage Data |
Mailchimp | Performance | Log and Usage Data |
To learn more about your opt-out options, please visit: https://www.networkadvertising.org/understanding-online-advertising; https://www.allaboutcookies.org/
Terms of Use
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. (“Parallel”, “us”, “our” or ‘we”) regarding your use of Parallel Site and/or Services (all as defined below). Parallel is the owner and operator of the parallel.la website (the “Site”), Parallel 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.
UPDATES TO TERMS
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.
ELIGIBILITY; REGISTRATION
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.
SPECIAL PROMOTION TERMS
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.
YOUR USE OF THE SITE AND THE SERVICES
Parallel'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 Parallel 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 Parallel; you will not access Parallel Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as Parallel may designate; you will not use this Site or the Services, including any of Parallel’s related technologies, for any commercial use without Parallel’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.
Parallel reserves the right to modify, change, or discontinue any aspect of this Site or the Services at any time.
USER GENERATED CONTENT
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 Parallel 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 Parallel’s request, you will furnish Parallel any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. Parallel reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.
LINKS TO THE SERVICE
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.
THIRD PARTY LINKS
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.
SERVICE MODIFICATION OR TERMINATION
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.\
MEDICAL, NUTRITION AND FITNESS INFORMATION
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 PARALLEL 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 PARALLEL, 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. PARALLEL 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.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Parallel, 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 Parallel 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.
RELEASE
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.
LIMITATIONS ON LIABILITY
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. PARALLEL 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 PARALLEL. PARALLEL 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 PARALLEL 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 PARALLEL 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 PARALLEL 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 PARALLEL 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. PARALLEL 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.
LAW AND JURISDICTION
These Terms of Use and any dispute that may arise between you and Parallel 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.
BINDING ARBITRATION AND CLASS ACTION WAIVER
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 Parallel 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 info@parallel.la. We will send any notice of dispute to you at the contact information we have for you. You and Parallel 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 info@parallel.la 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 Parallel 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.
WAIVER AND SEVERABILITY
No waiver by Parallel 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 Parallel 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.
ASSIGNMENT
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.
ADMISSIBILITY
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.
INTELLECTUAL PROPERTY
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 (“Parallel Content”), are owned by or licensed to Parallel 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. Parallel 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 Parallel. 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. Parallel reserves all rights not expressly granted in and to Parallel 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 Parallel Content and the Site or the Services automatically terminates and you must immediately destroy any copies you have made of Parallel Content. The trademarks, service marks, and logos of Parallel used and displayed on the Site the Services are registered and unregistered trademarks or service marks of Parallel. 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 Parallel trademarks inures to our benefit. The Site and the Services have been specially designed to present Parallel Content in a unique format and appearance. We are concerned about the integrity of Parallel 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 Parallel Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
COPYRIGHT INFRINGEMENT
Parallel has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Parallels 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 info@parallel.la. Parallel will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include Parallel removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to Parallel regarding matters other than informing Parallel 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.
PRIVACY & SECURITY
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. Parallel cannot ensure or warrant the security of any information you transmit to Parallel 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.
ENTIRE AGREEMENT
These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and Parallel 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.
MISCELLANEOUS
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.
CONTACT
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 info@parallel.la or write to us at:
Waypoint Wellness, LLC.
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
Attn: General Counsel, Legal Department