Terms & Conditions

TERMS & CONDITIONS 

  1. Introduction

Thank you for choosing to use this Website and subsites or the microsites of the registrant of the domain of the Website (the “Company”, “us”, “we” or “our”), and each of its affiliates and related websites or that our business partners or affiliates operate, including the wowbywalktowellness.com (the “Website”). This is a binding agreement. By using the Website or any websites provided in connection with the Website (together, the “Website”), you are entering into a binding contract (“Agreement”) with us. Your agreement with us includes these Terms of Website (“Terms”) and our Privacy Policy. If you don’t agree with these Terms or Privacy Policy, then please don’t use the Website or Website.

 

The Website includes social and interactive features. In order to use the Website, you need to (a) be 18 or older, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.

 

By accepting these terms, you are agreeing to purchase the products offered by our website which include dietary supplement products. You agree to be charged according to the payment method you provide.

 

  1. Website Change Agreement:

Occasionally we may, in our discretion, make changes to the website and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the website. By continuing to use the Website after those changes are made, you are expressing and acknowledging your acceptance of the changes.

 

  1. Health-Related Data/Information

The information contained on the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the website including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, us for diagnosing or treating, curing or preventing a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other government agency unless specifically so stated.

 

  1. License and Assignment

The website and the content provided through it are the property of the Company or the Company’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the website and to receive the media content made available through the website in your country (“Local Country”), based on the Subscription or Trial, you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the Company.

 

All of the Company’s trademarks, website marks, trade names, logos, domain names, and any other features of the Company brand are the sole property of the Company. This License does not grant you any rights to use the Company’s trademarks, website marks, trade names, logos, domain names, or any other features of the Company brand, whether for commercial or non-commercial use.

You agree to abide by the terms of this Agreement, and not to use the Website (including but not limited to its content) in any manner not expressly permitted by the Terms.

 

Third party software libraries included in the Website are licensed to you either under these Terms, or under the relevant third-party software library’s license terms as published in the help or settings section of our desktop and mobile client and on our website, where applicable.

 

 

  1. Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the website to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Website, (b) to provide advertising and other information to you, if you subscribe to the Free Website, and (c) to allow our business partners to do the same.

 

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Website.  These Terms are not intended to grant rights to anyone except you and the Company, and in no event shall these Terms create any third-party beneficiary rights. Any failure by the Company to enforce these Terms or any provision thereof shall not waive the Company’s right to do so.

 

  1. User Guidelines

We’ve established a few ground rules for you to follow when using the website, to make sure the Website is enjoyable for everyone. Please follow these rules and encourage other users to do the same.

 

We respect intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the website(s) or content delivered to you via the Website(s), or otherwise any making use of the Website which is not expressly permitted under these Terms; (b) using the Website to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Website(s) or any part thereof; (d) circumventing any technology used by the Company, its licensors, or any third party to protect content accessible through the Website; (e) renting or leasing of any part of the Websites; (f) circumventing of any territorial restrictions applied by the Company; (g) artificially increasing play count or otherwise manipulating the Websites by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Website; (i) providing your password to any other person or using any other person’s user name and password.

 

Please respect us and other users of the website. Don’t engage in any activity on the website or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of the Company or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Website; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through our inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or websites; (k) interferes with the Website, tampers with or attempts to probe, scan, or test for vulnerabilities in the Website or our computer systems or network, or breaches any of our security or authentication measures, or (l) conflicts with the Agreement, as determined by us. You agree that we may also reclaim your username for any reason.

 

Please be thoughtful about what you make public on the Website. The Website includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on the Website or across the web, so please use the Website carefully and manage your account settings regularly. We have no responsibility for your choices to make any actions or material public on the Website or Website.

 

Where available, your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Website. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately.

 

  1. Technology Limitations and User Generated Content

We will make reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Website, or to provide all or any specific content through the Website.

 

Where available, you may post, upload and/or contribute (“post”) content to the Website, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Website, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non- exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with the Company. This license lasts until you terminate your account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Website, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Website and your right to object to derogatory treatment of such User Content.

 

We do not monitor, review, or edit User Content, but reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates these Agreements. We may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

 

We are not responsible for User Content nor do we endorse any opinion contained in User Content. Please notify us immediately if you believe that any User Content infringes your intellectual property rights, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content.

 

  1. Term and Termination

These Terms will continue to apply to you until terminated by either you or us. We may terminate the Terms or suspend your access to the Website at any time, including in the event of your actual or suspected unauthorized use of the Website or non-compliance with the Terms. If you or the Company terminate the Terms, or if the Company suspends your access to the Website, you agree that the Company shall have no liability or responsibility to you to the fullest extent permitted under applicable law.

 

  1. Warranty and Shipping and Delivery Insurance

We endeavor to provide the best website we can, but you understand and agree that THE WEBSITE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE WEBSITE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO CANCEL THE WEBSITE OR ANY ORDER OR PURCHASE YOU MAKE, INCLUDING CANCELLING AN ORDER BECAUSE OF CHANGES IN PRICING, INVENTORY, OR FOR ANY OTHER REASON OR NO REASON, AND WITHOUT ANY LIABILITY AS A RESULT. In addition, we do not warrant, endorse, guarantee or assume responsibility for any Third-Party Applications, Third Party Application content, User Content, or any other product or website advertised or offered by a third party on or through the Website or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers of Third-Party Applications or products or websites advertised on or through the Website. As with any purchase of a product or website through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.

 

 

  1. Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Website, the Third Party Applications or the Third Party Application content is to uninstall any of our software and to stop using the Website, the Third Party Applications or the Third Party Application content.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, CONSULTANTS, ATTORENYS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE PRIOR THREE MONTHS IN QUESTION.

 

EXCEPT FOR LIABILITY ARISING UNDER INDEMNIFICATION, EACH PARTYS TOTAL CUMULATIVE LIABILITY TO THE OTHER UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNTS PAID OR OWING TO YOU HEREUNDER IN THE TWELVE(12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANY LANGUAGE OR PROVISION TO THE CONTRARY, THE COMPANY’S LIABILITY UNDER ANY ACTION ARISING OUT OF OR FROM THIS AGREEMENT SHALL NOT EXCEED $1,000.

 

  1. Indemnification

You will indemnify, defend and hold the Company and its members, officers, directors, consultants, employees, shareholders, agents, Publishers, Advertisers and licensors harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to: (i) Your participation in the Website or the Company’s Network, including but not limited to, claims relating to a breach of this Agreement by you, a violation of any third parties intellectual property rights or right of privacy, or your privacy policy, arising from such participation; and (ii) Your User Content. This defense and indemnification obligation will survive this Agreement and your use of the Website or our Network.

 

  1. Entire Agreement and Ambiguities

This Agreement constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to us are void. You represent that you have not accepted the Agreement in reliance on any oral or written representations made by us that are not contained in the Agreements.

 

Please note, however, that other aspects of your use of the Website may be governed by additional agreements. That could include, for example, access to the Company or our Community for customer support, access to the Website as a result of a gift card, or free or discounted Trials. Those terms and conditions shall govern only with regard to the aspect of the Website to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.

 

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Website. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.

 

For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that this Agreement was prepared jointly by their respective attorneys, and therefore the terms of the Agreement should not be strictly construed against either party.

 

  1. Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

 

  1. Choice of Law, Mandatory Arbitration and Venue

Unless otherwise required by a mandatory law of any applicable jurisdiction, these Agreements are subject to the law of the State of New York, United States, without regard to choice or conflicts of law principles. Further, you and the Company agree to the exclusive jurisdiction of the state and federal courts in Nassau County, New York to resolve any dispute, claim or controversy that arises from, out of, or in connection with this Agreement, that is not applicable to arbitration.

 

Arbitration

 

(1) The Company and you agree to arbitrate all disputes and claims between us and you. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);

claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

claims that may arise after the termination of your use of any websites, offers, promotions, or the Website, subsite, microsite or those of our partners.

 

References to "the Company", “we” and "us" include our respective subsidiaries, and affiliates, and each of their agents, officers, directors, and employees, predecessors in interest, successors, and assigns. References to “you” include all authorized or unauthorized users of websites, subsites, or microsites, participants or beneficiaries of websites, promotions, offers or Devices (collectively “Websites and Websites”) under this or prior agreements between us.

 

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by your continued use of the Website and Websites, or your continued interaction with us (in correspondence and the like), you and the Company are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.

 

(2) A party who intends to seek arbitration must first send to the other, by either a reputable overnight carrier or certified mail, return receipt requested, or by email from us to you, if your address is not on file with us, a written Notice of Dispute ("Notice"). Please send us an email under the How to Contact Us section for the Company’s address (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement with you to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

 

(3) After we receive your Notice at the Notice Address that you have commenced arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $400 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.ADR.org, by calling the AAA at 1-800- 778- 7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless the Company and you agree otherwise, any arbitration hearings will take place in the county of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

 

(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:

pay you the amount of the award; and

pay your reasonable attorney fees, if any, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

 

(5) The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs.

 

(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

(7) The effective date of these Terms is the date written above. These Terms along with the applicable Privacy Policy constitutes the entire agreement between the parties and is governed by the laws of the State of New York. Unless precluded by applicable law, no agreements, statements, representations, or promises made with respect to the subject matter hereof before the effective date of these Terms shall be binding upon the parties. Notwithstanding any provision in this Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) during your use of the Website and Websites, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

 

If any language in this provision conflicts with any other provision, with respect to the subject matter addressed herein, of the Terms or Privacy Policy, the language of this provision shall control.

 

  1. Contact Us

For customer website matters, to opt-out of a website or promotion, to request information or help, you may reach us by email at walktowellness@outlook.com.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.