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
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
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
Subscription; Fees and Policies
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.
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
Registration data and certain other personal information about you is subject
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
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
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
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
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
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
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
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.
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
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.
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.
This Agreement constitutes the entire agreement between
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
convenience only and have no legal or contractual effect.