Terms and Conditions
This Terms of Use & Privacy
Policy (this "Policy") governs your use of all websites administered
or operated by Walk In Corp.. and its subsidiaries and related entities
(collectively, "Company", "We", "Us" or
"Our"). If you do not agree with all of the terms of this Policy, you
should not use, browse or otherwise access any of Our websites (collectively,
"Company's Websites", and each, a "Website"). By browsing
or using any of the Company’s Websites, you signify your agreement to this
Policy.
TERMS
OF USE
All content contained on
the Company's Websites (collectively, "Content"), such as text,
graphics, logos, icons, images, audio and video clips, digital downloads, data
compilations, and software, is Our property or the property of Our licensors,
and the compilation of the Content on the Website is Our exclusive property,
protected by United States and international copyright laws, treaties and
conventions.
We grant you a personal,
limited, non-exclusive and revocable license to access and make personal use of
the Content in conjunction with your use of the Company's Websites. No other
uses of the Content are authorized or permissible without Our express written
consent.
You represent, warrant
and agree that: you own or otherwise control all of the rights to all data and
information that you post or send to us; that all such information is accurate;
use of such information does not violate the terms of this Policy or the rights
of any third party and will not cause injury to anyone; and, you will indemnify
Us and Our affiliates and designees from and against all claims arising out of,
resulting from or relating to any such information. We have the right (but no
obligation) to monitor, edit or remove any activity or content involving you.
We have no responsibility, and assume no liability, for any information or data
posted or sent by you or by anyone else.
The content is provided
"as is" and without warranty of any kind, expressed or implied. To
the fullest extent permitted by applicable law, we disclaim any and all warranties,
expressed or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose and non-infringement. We do
not warrant that the functions or features contained in any Website or the
Content will be free of viruses or other harmful components. We make no
representations or warranties regarding the use, or the results of use, of any
Content, product or service displayed on, offered, made available through, or
otherwise related in any way to any Website.
A Website may offer
users the ability to utilize the services of third party providers, such as
credit card processing services that are necessary to complete payments through
the Website. All issues involving transactions between a third party service
provider and you must be handled with the applicable provider. The Company may
try to facilitate the resolution of any such issues, however, you understand
and agree that the Company has no control over, or liability for, the acts or
omissions of third party providers. You hereby irrevocably and unconditionally
waive any and all claims against us with respect to information, Content and
materials contained on or accessible through the Company's Websites and any
third party sites and services. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction.
UNDER NO CIRCUMSTANCES
(INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR
NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY
INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF,
OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S
WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY
MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY
UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR
SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO
YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES
AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED
THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR
PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY'S WEBSITES OR $100.00.
The interpretation and enforcement of this Policy shall be
governed under the laws of the State of New York. The sole and exclusive venue
for any and all issues, claims or causes of action arising from or related to
this Agreement shall be Westchester County, New York.