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Terms of Use
Welcome to WalkStyles.com, promoting healthy living
through a walking lifestyle. By using the WalkStyles.com web site, you agree to
be bound by these Terms of Use (this “Agreement”), whether or not you register
as a member of the WalkStylesTMservice. If you
do not agree to abide by this Agreement, do not register with WalkStyles, use
its services, use the web site (located at www.walkstyles.com) or download or
purchase any materials or products from the site. If you wish to become a
member of WalkStyles, you will be required to indicate your acceptance of these
Terms of Use, which include those terms and conditions expressly set out below
and those incorporated by reference (including, but not limited to, the Privacy
Policy and the Subscription Policy), during the sign-up process.
The WalkStyles web site and its functionality are herein
referred to as WalkStyles Services or Services. They include, but are not
limited to, an online store to purchase WalkStyles products, functionality for
setting your DashTrakTM, personalized tracking
of personal fitness and wellness information, the creation, participation, and
administration of private and public clubs and forums, and the display of
relevant articles, tips and other content.
Unless explicitly stated otherwise, any new features that
augment or enhance the current Services, including the release of new
WalkStyles features and properties, shall be subject to these Terms Of Use.
Fees and Services
Subject to the Terms of Use in this agreement, users are free to browse the
site information, set settings on their DashTrak and shop at the online store.
Joining WalkStyles as a registered subscriber and using
its subscription services, and participating in events, programs or other
services made available through the web site may be subject to a fee. Such fee
will be provided to you at the time of purchase at which time you will be able
to accept or reject the fees that will be charged for using the service. We may
change our billing fees and policies and the fees for our services from time to
time. Our changes to the policy are effective after we provide you with at
least fourteen (14) days' notice of the changes either by a message sent to the
e-mail address of the account holder or by posting the changes on our web site.
However, we may choose to temporarily change our billing fees and policies and
the fees for our services for promotional events. Such changes are effective
when the event is posted on the announcements board. We may, in our sole
discretion, change some or all of our services at any time. Unless otherwise
stated, all fees are quoted in U.S. Dollars.
WalkStyles Privacy
Policy
Registration data and certain other personal information about you is subject
to our Privacy Policy.
WalkStyles Subscription
Policy
Subscribing to and becoming a member of the WalkStyles service is subject to fees and additional terms of
use as outlined in our Subscription Policy.
Limited License
Subject to the terms and conditions set forth in this Agreement, WalkStyles
grants you a non-exclusive, non-transferable, limited right to access, use and
display this site and the materials thereon solely for your personal use. You
may not sell, modify, reproduce, display, distribute, resell or exploit for
public or commercial purposes, any portion of the WalkStyles Services, use of
the WalkStyles Services, or access to the WalkStyles Services.
The WalkStyles web site is copyrighted and protected by
worldwide copyright laws. You agree to comply with all copyright laws worldwide
in your use of this Site and to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, WalkStyles does not grant any
express or implied right to you under any patents, trademarks, copyrights or
trade secret information.
Warranty and Disclaimer
WalkStyles strives to ensure the site operates without error and that the web
site and its servers are free of computer viruses or other harmful code.
However, the WalkStyles Services, the WalkStyles web site, the WalkStyles
software made available on the site, and the information and materials
contained therein, are provided on an "AS IS" basis without any warranties of
any kind, express, implied or statutory. Use of the Services is at your sole
risk and there is no warranty that the WalkStyles Services will meet your
requirements, the service will be uninterrupted, timely, secure or error-free,
the results obtained from the use of the service will be accurate or reliable,
and that any errors in the software will be corrected. WalkStyles contains
materials provided by third parties, and will likewise not be held responsible
for any such third party material.
The WalkStyles Services are provided solely for your
information and entertainment. Exercise and fitness are matters that vary from
person to person. Consult a physician before beginning an exercise program or
increasing your physical activity. In addition, this web site is not a
substitute for proper medical diagnosis, care or treatment related to your
physical and mental well being. WalkStyles is not responsible for the accuracy,
reliability, effectiveness, or correct use of information provided by the
Services, or for any health problems that may result from use of the Services.
Any material downloaded or otherwise obtained through use
of the service is done at your own risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of any such material.
No advice or information, whether oral or written,
obtained by you from WalkStyles or through WalkStyles Services shall create any
warranty not expressly stated herein.
Limitation of Liability
& Damages
In no event will WalkStyles be liable to any user or other third party for any
damages resulting from the use or inability to use the web site or the
materials contained therein, the DashTrak, and any associated software,
unauthorized access or alteration of your transmissions or data, statements or
conduct of any third party, or any other matter relating to the WalkStyles
Services. This disclaimer and limitation includes direct, indirect, incidental,
special, consequential, or exemplary damages or lost profits, business
interruption, loss of information or programs or other data, and applies
whether based on warranty, contract, tort, or any other legal theory,
regardless of whether WalkStyles is advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages, so some of the above limitations may not apply to you.
Third Party Submissions
and Links
The WalkStyles web site may include postings, listings, and information from
third parties, including advertisers and other partners. Such content is the
responsibility of the third party creator of the content and WalkStyles cannot
guarantee accuracy or integrity of the content. WalkStyles has no control over,
and has no responsibility for such content under any circumstances and is
merely providing access to such content as a service to you. Third party
materials may include offensive, inappropriate, harmful, or deceptive
information. Please use caution when using or viewing third party information.
While WalkStyles will endeavor to remove any offensive or
harmful content from the web site as soon as it comes to our attention, we will
determine in good faith and in our sole discretion whether or not to remove or
request the removal of the content. WalkStyles will have no liability or
responsibility for performance or non-performance of such actions.
As a convenience to you, WalkStyles may provide, on its
web site, links and/or advertisements to web sites operated by other entities.
These sites are not necessarily affiliated, endorsed, or in any way related to
WalkStyles. If you decide to visit any linked site, you do so at your own risk
and understand WalkStyles makes no warranty or representation regarding any
linked web site.
Acceptable Use and
Public Submissions
You agree not to take any action, nor use any software, engine, tool, agent,
device or mechanism that a) imposes an unreasonable or disproportionately large
load on this web site’s infrastructure, or b) interferes with the proper
working of the site or any activity being conducted on this site, or c)
searches and navigates the WalkStyles website by means other than what is
provided to you by WalkStyles and generally available third party Web browsers
(e.g. Microsoft Explorer, Netscape Navigator).
As a participant in WalkStyles services, you understand
that all information provided by you, whether publicly posted or privately
transmitted, is your sole responsibility. This means that you, and not
WalkStyles, are entirely responsible for all content that you upload, post,
email, transmit or otherwise make available via the WalkStyles Services. You
acknowledge that WalkStyles does not pre-screen content, but that WalkStyles
and it’s designees reserve the right (but not the obligation) at all times to
edit, refuse to post or to remove any information or materials, in whole or in
part, for any reason whatsoever, in WalkStyles' sole discretion. WalkStyles
also may disclose content if required to do so by law, or to protect the rights
and property of WalkStyles, its users and the public.
In particular, you agree not to use the Service to:
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Upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, ethnically or
otherwise objectionable.
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Upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available, or that infringes on any patent,
trademark, trade secret, copyright or other proprietary rights of another.
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Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware or the proper working of this web site.
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Impersonate any person or entity, including, but not limited to, a WalkStyles
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
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Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service.
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Solicit passwords or personal identifying information for commercial or
unlawful purposes from other users.
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Engage in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
WalkStyles does not claim ownership of the Content you
submit for inclusion on the Service. However, with respect to the Content you
submit, you grant WalkStyles a world-wide, royalty free and non-exclusive
license to use, distribute, reproduce, modify, adapt and publicly display such
Content on the service solely for the purposes of providing and promoting the
specific portion of the web site to which such Content was made available. This
license exists for as long as you elect to continue to include such Content on
the Service and will terminate at the time you remove or WalkStyles removes
such Content from the Service.
External Links to the
Site
All links to the WalkStyles website must be approved in writing by WalkStyles,
except that WalkStyles consents to links in which: (i) the link is a text-only
link containing only the name "WalkStyles.com"; (ii) the link "points" only to
www.WalkStyles.com; (iii) the link, when activated by a user, displays that
page full-screen in a fully operable and navigable browser window and not
within a "frame" on the linked web site; and (iv) the appearance, position, and
other aspects of the link may neither create the false appearance that an
entity or its activities or products are associated with or sponsored by
WalkStyles nor be such as to damage or dilute the goodwill associated with the
name and trademarks of WalkStyles or its Affiliates. WalkStyles reserves the
right to revoke this consent to link at any time in its sole discretion.
Copyright Infringement
WalkStyles respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been used on the web site in
a manner that constitutes copyright infringement, please provide WalkStyles
with a written notice - by postal mail, e-mail, or FAX - that includes the
following information:
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The signature (electronic or physical) of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed.
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Identification of the copyrighted work claimed to have been infringed.
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A description of where the material in question is located on the web site.
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Your mailing address, telephone number, and e-mail address.
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A statement by you that you believe in good faith that the disputed use is not
authorized by the copyright owner, its agent, or the law.
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>A statement by you, under penalty of perjury, that the information in your
notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf.
For purposes of such notice, WalkStyles’ address for
notice is as follows:
WalkStyles, Inc., 26062 Merit Circle, Ste 101, Laguna Hills, CA 92653 Phone/Fax:
949-305-5888
Proprietary Rights
You acknowledge and agree that the WalkStyles Service and any necessary
software used in connection with the Services ("Software") contains proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you through the
WalkStyles Services or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by WalkStyles or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
WalkStyles Services or the Software, in whole or in part.
WalkStyles grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Services. You agree not to access the
WalkStyles Services by any means other than through the interface that is
provided by WalkStyles for use in accessing the WalkStyles Services.
Indemnity
You agree to indemnify and hold WalkStyles, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of any rewards program, coupons, or any other
service or offer made by you to your customers, or due to or arising out of
Materials you submit, post, transmit or make available through the Services,
your use of the Services, your connection to the Service, your violation of the
Terms of Use, or your violation of any rights of another.
Changes
WalkStyles may, in its sole discretion, modify or revise these Terms of Use at
any time by updating this page. Users are bound by any such modifications. If
you do not agree to be bound by such modifications, your sole remedy is to
discontinue use of the WalkStyles web site and associated services.
WalkStyles reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the WalkStyles
Services (or any part thereof) with or without notice. You agree that
WalkStyles shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the WalkStyles Services.
Trademark Information
WalkStyles™, WalkStyles.com™, DashTrak™, WalkingWorksWonders™, LiveYourDash™,
WeWhoWalk™, WinnersWhoWalk™, WoofsWhoWalk™ and WeeWhoWalk™ and other WalkStyles
logos and product and service names are trademarks of WalkStyles, Inc. which
cannot be used or displayed in any manner without the prior permission of
WalkStyles.
General Information
You agree that this Agreement and all incorporated agreements may be
automatically assigned by WalkStyles, in our sole discretion, to a third party
in the event of a merger or acquisition.
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
This Site is controlled, operated and administered by
WalkStyles from its offices within the United States of America. You may not
use the Site or export the Materials in violation of U. S. export laws and
regulations. If you access this Site from a location outside of the United
States, you are responsible for compliance with all local laws.
This Agreement constitutes the entire agreement between
WalkStyles and you with respect to your use of the Site. The Terms of Use and
the relationship between you and WalkStyles shall be governed by the laws of
the State of California without regard to its conflict of law provisions. You
and WalkStyles agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Orange County, California. Any cause of
action you may have with respect to your use of the WalkStyles Services must be
commenced within one (1) year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision of the
Agreement or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of this Agreement shall continue in full force and
effect.
The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
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