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, fitness, nutrition, and your other wellness goals are matters that vary from person to person. Consult a physician before beginning an exercise or diet program, or increasing your physical activity. In addition, this web site or any other wellness support services being provided through WalkStyles or iCount Wellness, are not a substitutes for proper medical diagnosis, care or treatment related to your physical and mental well-being. Neither WalkStyles nor a Sponsoring Organization is responsible for the accuracy, reliability, effectiveness, or correct use of information provided by the Services or any other wellness support, or for any health problems that may result from use of the Services and other wellness support.
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, devices, 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, Firefox, Google Chrome).
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 its 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:
- 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.
- 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.
- 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.
- 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.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
- 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.
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:
- The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- A description of where the material in question is located on the web site.
- Your mailing address, telephone number, and e-mail address.
- 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.
- 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. 2465 Campus Dr., Irvine, CA 92612 Phone: 949-305-5888
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.
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.
WalkStyles™, WalkStyles.com™, iCountWellness.com™, iCount™, iCount Movement™, iCount™ Wellness, SoleMate™, STAR™, DashTrak™, Dash™, Leave a Healthy Footprint™, Live Well... Walk Far™, LiveYourDash™ and WeWhoWalk™ 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.
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.