YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THE TERMS TO THE SITE.  BY CONTINUING TO ACCESS AND USE THE SITE AFTER THESE TERMS ARE UPDATED, YOU AGREE TO THE UPDATED TERMS.

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This website (this “Site”) is operated by Walker & Company Brands, Inc. or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“Walker & Co.,” “we,” or “us”).  These Terms & Conditions govern your use of our website(s), products, services and applications (the “Services”). By accessing or using this Site, you agree to these Terms & Conditions (the “Terms”) and to our Privacy Policy viewable at Privacy Policy.  If you do not agree to these Terms, do not access or use this Site. If you have any questions about the Terms, please contact us at contact us at [email protected], 314 Buckhead Ave NE, Atlanta, GA 30305.

Privacy

Use of this Site is subject to our Privacy Policy, which is accessible here: Privacy Policy.  (“Privacy Policy”), and our Privacy Policy is incorporated into, and forms an integral part of, these Terms.  Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide Walker & Co., and your responsibilities and obligations with respect to such personal information.  Please review our Privacy Policy carefully.

Personal Use of Site

Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.

You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.

You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via “in-line” linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other “hidden text” utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Walker & Co., or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Walker & Co., and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Accounts and Registration

Please note that you may choose to use the Site and make purchases without creating an account.

If you choose to create a Walker & Co. account (“Account”), you must provide us with your name, a valid e-mail address, and such other information as we may require from time to time.

You represent and warrant that the information you provide to us upon creating an Account on the Site and at all other times will be true, accurate, current, and complete.  Your Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party.  You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password.  You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.  You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site.  We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with these Terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.

Making a Purchase

If you wish to purchase products described on the Site, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current and complete. You agree to pay all charges incurred through your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.

You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. We make no promise that products and services described on the Site are appropriate or available for use outside of the United States or Canada. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.

We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.

The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. We also accept PayPal, Apple Pay and Affirm.

Product Descriptions

We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

Shipping Policies

When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.  Orders for Bevel products will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia, and Canada.  Orders for FORM products will only be shipped to addresses within the 50 states of the United States of America, the District of Columbia and the international locations set forth at https://help.formbeauty.com/hc/en-us/sections/115002453908-Shipping. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.  Shipping charges, if applicable, will be added to your purchase at check-out.  By placing an order, you accept all such shipping charges.

Paid Subscription Programs (Auto-Ship)

Bevel Products

If you choose to enroll in Bevel’s paid subscription program (the “Program”), you will be charged at the discounted rates set forth on the Site (the “Program Fees”).  The Program Fees will be charged to the payment method you provided upon signing up for the Bevel Program (your “Bevel Payment Method”). Your Bevel Program subscription will be automatically renewed at the frequency you select at the time of enrollment (monthly or every other month) and you will be charged for the Bevel products that you subscribe to until you cancel your subscription. We reserve the right in our sole discretion to change the Program and the Program Fees upon emailing or posting a notification on the Services, the Bevel websites, or some other form of notice to you. If you do not wish to continue in the Program based upon any such changes, your only remedy will be to cancel your enrollment in the Bevel Program.

You will be charged in advance of shipment to the Bevel Payment Method you provide. You must provide current, complete and accurate information for your Bevel Payment Method. You must promptly update all information to keep your Bevel Payment Method current, complete, and accurate, and you must notify us if your Bevel Payment Method is canceled or if you become aware of a potential breach of security. Changes to your Bevel Payment Method can be made here. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Bevel Program (even if we are unable to send shipments to you because your information has not been updated) unless you have paused or canceled your account pursuant to the terms set forth herein.

All amounts charged to you will include the applicable fees plus any applicable sales tax or duties based on the shipping address you provide. All prices displayed are in U.S. currency.

FORM Products

If you choose to enroll in FORM’s paid subscription program (the “FORM Program”), you will be charged at the discounted rates set forth on the Site (the “FORM Program Fees”).  The FORM Program Fees will be charged to the payment method you provided upon signing up for the FORM Program (your “FORM Payment Method”). Your FORM Program subscription will be automatically renewed at the frequency you select at the time of enrollment (monthly or every other month) and you will be charged for the FORM products that you subscribe to until you cancel your subscription. We reserve the right in our sole discretion to change the FORM Program and the FORM Program Fees upon emailing or posting a notification on the Services, the FORM websites, or some other form of notice to you. If you do not wish to continue in the FORM Program based upon any such changes, your only remedy will be to cancel your enrollment in the FORM Program.

You will be charged in advance of shipment to the FORM Payment Method you provide. You must provide current, complete and accurate information for your FORM Payment Method. You must promptly update all information to keep your FORM Payment Method current, complete, and accurate, and you must notify us if your FORM Payment Method is canceled or if you become aware of a potential breach of security. Changes to your FORM Payment Method can be made here. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the FORM Program (even if we are unable to send shipments to you because your information has not been updated) unless you have paused or canceled your account pursuant to the terms set forth herein.

All amounts charged to you will include the applicable fees plus any applicable sales tax or duties based on the shipping address you provide. All prices displayed are in U.S. currency.

Returns and Refunds Policy; Pausing or Canceling Paid Services

You may return products purchased from the Site for a period of 30 days from the date of delivery to you. You will be responsible for all shipping or duty fees applicable to the return which amounts will be deducted from your refund. To begin a return of Form products please submit a request to: Form Returns.   To begin a return of Bevel products please submit a request to: Bevel Returns.  Refunds will be processed within two weeks of our receipt of the return. If the return is of an individual product within a product bundle, the total discount received on the bundle purchase will be deducted from the refund amount. The refunded amount will be applied to the payment method used to make the original purchase.

Discount Codes, Promotions and Bevel Rewards Program

From time to time in our sole discretion, we may offer “discount codes,” “promotional codes,” “promo codes,” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site. Such offer codes may be subject to certain exclusions or other restrictions as determined and communicated by us. Only valid offer codes provided or promoted by Walker & Co. will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us will be invalid. Each offer code provided by us is non-transferable and valid for single or multiples uses on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the coupon field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Offer codes may be offered as part of the Bevel customer loyalty program called Bevel Rewards (the “Rewards Program”). Your eligibility to participate in, as well as your participation in the Rewards Program, shall be governed by these Bevel Rewards Program Terms.  By participating in Bevel Rewards, you agree to these Bevel Rewards Program Terms.

Bevel Rewards Terms

Participation

Bevel Rewards is available to individuals who reside in the United States and Canada and is void where prohibited by law. Bevel Rewards is intended for personal use only. Commercial use is prohibited. Bevel Rewards is not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may access and participate in Bevel Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  These Bevel Rewards Terms do not alter in any way the other terms and conditions you have with Walker & Co. for products or services.  You may withdraw from Bevel Rewards at any time by notifying us in writing at the address set forth at the end of these Terms.

Joining Bevel Rewards

Bevel Rewards is one way in which Bevel endeavors to reward and thank loyal customers for purchasing Bevel products. To enroll in the Bevel Rewards program in accordance with these Terms, you must complete the online account registration process at www.getbevel.com/signup.

In addition, the Bevel Rewards registration process requires that you provide some or all of the following information: email address, password, address, telephone number, and birthdate (“Personal Information”). You may have only one (1) Bevel Rewards account that is personal to you at any one time. After the creation of your initial Bevel Rewards account, Bevel may delete any additional accounts that you register or attempt to register without notice. If you change the address associated with your Bevel Rewards account to one that is not located in the United States or Puerto Rico, your Bevel Rewards account will be deactivated.

Bevel reserves the right to change, modify, discontinue or cancel Bevel Rewards or any part of Bevel Rewards, at any time and in its sole discretion, without notice to you even though termination may affect your ability to use Rewards Points.

Benefits of Membership

Through Bevel Rewards, you may earn rewards points (“Rewards Points”) or discounts off the purchase of Bevel products solely from the Site in the manner set out below. Bevel reserves the right to change Bevel Rewards including the number and type of benefits offered to members of Bevel Rewards in its sole discretion at any time.  Only one promotional code may be redeemed per transaction.

If you add your birthdate to your Bevel account profile, you will automatically receive 50 Rewards Points (“Birthday Reward”) on your birthdate.  To qualify for your Birthday Reward, you must provide your birthdate at least thirty (30) days prior to your birthday.

By creating a Bevel account, you will automatically receive 20 Rewards Points. To create an account, you must provide your email address and create a password.

Bevel offers a 15% discount off Bevel monthly and quarterly product subscriptions for active duty military personnel and veterans.  In order to qualify for the military discount, send an email to [email protected] with proof of service (i.e. military email address or photo copy of ID) after placing a subscription order.

Members of Bevel Rewards may earn a promotional code for $5 off the purchase of products from Bevel automatically their fifth (5th) purchase.  The promotional code will be sent to the member’s registered email address.

You may earn a promotional code for $10 off the purchase of products from Bevel by referring a friend who is not an existing Bevel customer who makes a $75 purchase of Bevel products. To participate, you must provide both your email address, as well as your friend’s email address and we’ll send you the promotional code to the email address(es) that you provide. You may refer up to fifty (50) of your friends through the Refer a Friend program. Your referred friend must be a new Bevel customer (i.e. someone who has not yet made a purchase at the Site). If your friend’s email address has previously opted out of receiving Walker & Co. marketing emails, they will not receive the offer. You may redeem a maximum of ten (10) referral promo codes.

You will automatically receive 20 Rewards Points for each social interaction with our social media accounts including:

  1. If you ‘Like’ us or our products on Facebook.
  2. If you tag a friend in the comments section of our Twitter Post URL.

All use of social media must comply with the respective terms of use posted on the Facebook and Twitter website sites or applications.  You also must have a Facebook or Instagram account to participate.

Redeeming Rewards Points

Rewards Points are automatically added to your Bevel Rewards account within twenty-four (24) hours of when you earned them and/or within twenty-four (24) hours after an order is shipped.  Reward Points can be redeemed as follows:

 

50 Reward Points          =   Save $5

100 Reward Points        =   Save $10

150 Reward Points        =   Save $15

250 Reward Points        =   Save $25

350 Reward Points        =   Save $35

500 Reward Points        =   Save $50

1000 Reward Points       =   Save $100

2000 Reward Points       =   Save $200

 

Reward Points can be redeemed online at getbevel.com. You can view and track your account balance and available Reward Points as well as any additional benefits for which you are eligible as a Bevel Rewards member, by logging onto www.getbevel.com/account.

Calculating Rewards Points

Pursuant to certain data protection laws, individuals may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of the individual’s personally identifiable information that forms the basis for offering the financial incentive or price or service difference; and (ii) a description of the method the business used to calculate the value of the individual’s personally identifiable information. Walker & Co.’s calculation of the value of individual’s personally identifiable information is based upon a practical and reliable method of calculation used in good-faith.

Rewards Program Warranties and Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WALKER & CO. SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE BEVEL REWARDS PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE WALKER & CO. PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE BEVEL REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING A CLAIM OF ACTION RELATED TO BEVEL REWARDS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM.

As used herein, Walker & Co. Parties means Walker & Co. and its agents, promotion and advertising agencies, franchisees and each of their respective officers, directors, employees, shareholders, successors, assigns and service providers (“Walker & Co. Parties”).

In addition to offer codes, from time to time Walker & Co. may conduct sweepstakes and other contests and promotions (“Contests”). Your eligibility to participate in, as well as your participation in any such Contests shall be governed by the specific set of terms and conditions (the “Contest Rules”) governing the Contest, as the same are made available for review at the time of the submission of an entry into the Contest. By participating in a Contest, you agree to the applicable Contest Rules.

USER SUBMISSIONS

These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you submit to the Site (“Submission”). When you submit a Submission, you agree to the following:

If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, the specific Promotion Rules (as defined above) apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of Walker & Co. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.

Walker & Co. does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. Walker & Co. will have no obligation to post or use any Submission(s). Walker & Co. reserves the right to block or remove Submissions and/or Users at any time in its sole and absolute discretion. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Submission will be considered non-confidential and non-proprietary. Walker & Co. will have no confidentiality obligations with respect to the Submissions.

By submitting a Submission, you grant to Walker & Co.:

You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.

By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Walker & Co. and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Walker & Co.’s rights as noted above.

You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement at a later time.  Walker & Co. does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).

Finally, we appreciate hearing from the public and welcome your comments regarding the Site and/or Walker & Co. products. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Code of Conduct

By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

Walker & Co. cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Links to Other Sites

The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to at Walker & Co., ATTN: DMCA Notice, 314 Buckhead Ave NE, Atlanta, GA 30305.

DISCLAIMER

Released Parties Defined. “Released Parties” include Walker & Co., and its affiliates, officers, employees, agents, partners, and licensors.

The Bevel Trimmer is subject to a one (1) year limited warranty as set forth at Bevel Trimmer Warranty Page. OTHERWISE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WALKER & CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

CONFLICT RESOLUTION

These Terms and the relationship between you and us will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration will be conducted in Atlanta, Georgia. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.  You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

WAIVER

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

SEVERABILITY

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

CHANGES TO THESE TERMS

Walker & Co. reserves the right to change or modify these Terms, in whole or in part, at any time in its sole discretion upon notice to you by electronic means, including by posting such information and materials online at the Site.  Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following any such changes confirms your acceptance of these Terms and such changes or modifications. If you do not agree to these Terms, you must stop accessing and using the Site.

ENTIRE AGREEMENT

These Terms, including any other terms or policies linked to from within these Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.

CONTACT US

If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:

E-mail:

[email protected]

 

This document was last amended August 21, 2020.