terms of use
privacy policy
subscription policy
 

Terms of Use

Welcome to WalkStyles.com, promoting healthy lifestyles. Note that iCountWellness.com redirects to WalkStyles.com and these terms and conditions apply regardless of how WalkStyles.com is accessed. 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 WalkStyles™ service. 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, iCount™ Services, iCount™ Wellness Services, or Services. They include, but are not limited to, tracking of personal fitness, diet and nutrition, and wellness information, a wellness “score” obtained via the Personal Vibrancy Assessment, the creation, participation, and administration of private and public clubs and forums, establishing SoleMates™ (i.e. friendships or connections between members), the display of relevant articles, tips and other content, and an online store to purchase WalkStyles products.

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.

Membership and Subscription; Fees and Policies
Subject to the Terms of Use in this agreement, users are free to browse the site information, and shop at the online store.

You may also become a subscriber of the Services at no cost. As a no cost subscriber, you will have the ability to participate in some, but not all, of the features and services available within the WalkStyles Services. In order to access specific additional features and services, you must become a subscriber to the Service and you 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 additional services. 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.

All members who register and become a member of the WalkStyles Services, whether at no-cost or for fee-based services, are subject to additional terms of use as outlined in our Subscription Policy.

WalkStyles Privacy Policy
Registration data and certain other personal information about you is subject to our Privacy 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, 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 is not a substitute 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 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, 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 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:

  • 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.

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:

  • 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

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 your use of the Services, or arising out of or relating to the conduct of you or anyone else in connection with use of the Service, or due to or arising out of Materials you submit, post, transmit or make available through 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™, 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.

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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