Last Updated: November 22, 2021
By using any of the Services, you (“customer” or “you”) represent and warrant to Walker that you are at least eighteen (18) years of age and understand that you are entering into a legally binding agreement. You hereby agree to these Terms as well as any other supplemental terms, guidelines or rules that apply to any specific portion or sub-set of the Services (collectively, “Supplemental Rules”). If you do not agree to these Terms and any applicable Supplemental Rules, then you must not use or access the Services. For purposes of these Terms, you and Walker may each be referred to as a “party” or collectively the “parties.”
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY SPECIFICALLY ALLOW FOR WALKER TO ENGAGE IN ARBITRATION TO SETTLE DISPUTES (INCLUDING DATA PROTECTION DISPUTES) AND ADDRESS CIRCUMSTANCES IN WHICH YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
2. Personal, Non-Commercial Use
Unless otherwise specified, our Websites are for your personal and non-commercial 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 our Websites (“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 set forth on our Websites relating to specific material, you may electronically copy and/or print hard-copy portions of Content solely for your own non-commercial use or to place an order with us for our Services. 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 further agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of our Websites. Running or displaying our Websites or any information or material displayed on our Websites in frames, via “in-line” linking or through similar means on another website, without our prior written permission is prohibited. Any permitted links to our Website must comply with all applicable laws, rules, 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 our Website, without our express written permission. Additionally, you agree that you will not: (i) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of our Websites or any activities conducted on our Websites; or (iii) bypass any measures we may use to prevent or restrict access to our Websites.
All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on our Websites are proprietary to Walker 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 us, and you may not remove or otherwise modify in any manner any trademark notices from any Content.
4. Accounts and Registration
If you choose to create an online account on our Websites (“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 is, 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 (i) maintaining the confidentiality of your Account username and password, (ii) restricting access to your Account username and password, and (iii) all activities that occur under your Account. 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 any other breach of security relating to our Services. We reserve the right to terminate your 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.
5. Making a Purchase
If you wish to purchase any of our goods or products, 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 for our goods or products take place in U.S. dollars. You are permitted to use our goods or products 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 our goods or products. We make no promise that goods or products described on our Websites are appropriate or available for use outside of the United States. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any of our goods or products. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion. We currently use third parties to process payments for our goods or products, and 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.
We strive to describe our goods or products as accurately as possible. However, we do not warrant that the descriptions of our goods or products on our Websites (or elsewhere) or Content is accurate, complete, reliable, current, or error-free. All Content, Website features, and specifications, sizes and prices of our goods or products 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 on our Websites (or elsewhere).
7. Shipping Disclaimers
When you place an order for goods or products on our Websites, the goods or products will be shipped to the address you designate as the “Shipping Address” during the check-out process, provided that our shipping is limited to addresses within the 50 states of the United States of America, the District of Columbia, and Canada. In the event you purchase our Services from a third-party re-seller, the third party’s shipping terms and conditions shall apply. 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 your goods or products 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.
8. Paid Subscription Programs (Auto-Ship)
If you choose to enroll in any of our paid subscription programs (the “Subscription Program”), you will be charged at the discounted rates set forth on the applicable Website (the “Subscription Program Fees”). The Subscription Program Fees will be charged in advance of shipment and will be charged to the payment method you provided upon signing up for the Subscription Program (your “Payment Method”). You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete, and accurate, and you must notify us if your Payment Method is canceled or if you become aware of a potential breach of security to your Account or Payment Method. If you fail to properly update your information, or to properly terminate your enrollment in the Subscription Program, you agree that we may continue charging you for any use of the Subscription Program (even if we are unable to send shipments to you because your information has not been updated). 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. Changes to your Payment Method can be made here (for Bevel) or here (for FORM). If you participate in a Subscription Program, then your subscription will be automatically renewed at the frequency you select at the time of enrollment (e.g., monthly or every other month), and you will be charged for the goods or products to which you subscribe until you cancel your subscription. We reserve the right in our sole discretion to change the Subscription Program and/or the Program Fees upon emailing you, posting a notification on any of our Websites, or providing some other form of notice to you. If you do not wish to continue in the Subscription Program based upon any such changes, your only remedy will be to cancel your enrollment in the Subscription Program.
9. Returns and Refund Policy
You may return goods or products purchased from our Websites for a period of thirty (30) days from the date of delivery to you. You will be responsible for all shipping or duty fees applicable to the return, and such amounts will be deducted from your refund.
- To begin a return of Form goods or products, please submit a request to: FORM Returns.
- To begin a return of Bevel goods or products, please submit a request to: Bevel Returns.
Refunds will be processed within thirty (30) business days of our receipt of the return. If the return is of an individual goods or products 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.
10. Discount Codes, Promotions and Rewards Programs
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 of our goods or products through our Websites. 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 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 multiple uses on a good or product 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 are 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: the Bevel Rewards Program. Your eligibility for, as well as your participation in, the Bevel Rewards Program, shall be governed by the Bevel Rewards Program Terms (see Section 11 below).
11. Bevel Rewards Program Terms
By participating in the Bevel Rewards Program, you agree (in addition to the other terms and conditions herein) to these Bevel Rewards Program Terms.
Participation: The Bevel Rewards Program is available to individuals who reside in the United States and Canada and is void where prohibited by law. The Bevel Rewards Program is intended for personal use only and commercial use is prohibited. The Bevel Rewards Program is not targeted toward, nor intended for use by, anyone under the age of 18. These Bevel Rewards Program Terms do not alter in any way the other terms and conditions you have with Walker for our Services. You may withdraw from the Bevel Rewards Program at any time by notifying us in writing in accordance with the “Contact Us” section set forth below (Section 22).
Joining the Bevel Rewards Program: The Bevel Rewards Program is one way in which Bevel endeavors to reward and thank loyal customers for purchasing Bevel products. To enroll in the Bevel Rewards Program, you must complete the online account registration process at www.getbevel.com/signup. In addition, the Bevel Rewards Program registration process requires that you provide some or all of the following information: email address, password, shipping address, telephone number, and birthdate. You may have only one (1) Bevel Rewards Program account that is personal to you at any one time. After the creation of your initial Bevel Rewards Program account, Bevel may delete without notice any additional accounts that you register or attempt to register. If you change the shipping address associated with your Bevel Rewards Program account to one that is not located in the United States or Canada, your Bevel Rewards Program account will be deactivated. Bevel reserves the right to change, modify, discontinue or cancel the Bevel Rewards Program or any part of the Bevel Rewards Program, at any time and in its sole discretion, without notice to you even though termination may affect your ability to use Rewards Points (defined below).
Benefits of Membership: Through the Bevel Rewards Program, you may earn rewards points (“Rewards Points”) or discounts off the purchase of Bevel products solely from our Websites in the manner set out below. We reserve the right to change the Bevel Rewards Program, including the number and type of benefits offered to members, in its sole discretion at any time. Only one promotional code may be redeemed per transaction.
- Birthday Reward: If you add your birthdate to your Bevel account profile, you will automatically receive fifty (50) Rewards Points (“Birthday Reward”) on the month of your birthday. To qualify for your Birthday Reward, you must add your birthdate to your Bevel account profile at least thirty (30) days prior to your month of your birthday.
- Create an Account: By creating a Bevel account, you will automatically receive twenty (20) Rewards Points. To create an account, you must provide your email address and create a password.
- Military Discount: 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 (e.g., military email address or photo copy of ID) after placing a subscription order.
- Purchase Rewards: Members of the Bevel Rewards Program will automatically receive fifty (50) Rewards Points on their fifth (5th) purchase of a Bevel product.
- Refer-a-Friend: Members of the Bevel Rewards Program may earn a promotional code for $10.00 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 goods or products. To participate, you must provide both your email address and your friend’s email address, and we will send you the promotional code to the email address that you provide. Your referred friend must be a new Bevel customer (i.e., someone who has not yet made a purchase for goods or products from our Website). If your friend’s email address has previously opted-out of receiving Walker marketing emails, they will not receive the offer. You may redeem a maximum of ten (10) referral promo codes.
- Social Engagement/Social Media Rewards: Members of the Bevel Rewards Program will automatically receive twenty (20) Rewards Points for each “share” they provide on Twitter and Facebook using the defined share links on https://getbevel.com/account#loyalty.
Redeeming Rewards Points: Rewards Points are automatically added to your Bevel Rewards Program account within twenty-four (24) hours from when you earned them and/or within twenty-four (24) hours from when an order is shipped. Rewards Points provide the following savings:
50 Rewards Points = Save $5.00
100 Rewards Points = Save $10.00
150 Rewards Points = Save $15.00
250 Rewards Points = Save $25.00
350 Rewards Points = Save $35.00
500 Rewards Points = Save $50.00
1000 Rewards Points = Save $100.00
2000 Rewards Points = Save $200.00
Rewards Points can be redeemed online at getbevel.com. You can view and track your account balance and available Rewards Points, as well as any additional benefits for which you are eligible as a Bevel Rewards Program member, by logging onto www.getbevel.com/account. If you go two (2) years without earning or redeeming Rewards Points, your previously earned Rewards Points will expire.
12. Contents and Sweepstakes
From time to time Walker may conduct sweepstakes and other contests and promotions (“Contests”). Your eligibility for, 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. The Contest Rules shall be 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.
13. User Submissions
Requirements: 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 us, including such submissions to our Websites (“Submission”). When you provide a Submission, you agree to the following: (i) your Submission is original, accurate, created by you, and not an impersonation; (ii) you are currently a bona fide user of the Services, if any, mentioned in your Submission, and your Submission reflects your true and honest opinion of, and current experience with, such Services; (iii) you are at least eighteen (18) years of age; (iv) you are not an employee of Walker, you are not an employee of an affiliate or agency, or the parent company, of Walker, and you do not promote and/or sell Services for profit or as part of your employment; (v) your Submission (or any portion of it) has not been included in, nor planned for use in, any other advertising or promotional materials for Walker or any third party; (vi) your Submission is made without any prior payment or promise of payment now or in the future; (vii) your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate; (viii) your Submission does not contain content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights; (ix) your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation; (x) your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body; (xi) your Submission does not contain content which includes third-party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual, or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Walker; (xii) your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially malicious or damaging information, programs, or files; and (xiii) Walker’s use of your Submission does not violate these Terms and will not cause injury to any person or entity. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on our Website are those of the respective author(s) or distributor(s) and not of Walker, and we neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission. Walker does not and cannot review all Submissions posted to or created by users accessing our Websites and is not in any manner responsible for the content of these Submissions. Walker has no obligation to post or use any Submission(s) and reserves the right to block or remove Submissions and/or users of our Website at any time in our sole and absolute discretion. Any Submission will be considered non-confidential and non-proprietary and Walker will have no confidentiality obligations with respect to the Submissions.
Rights and Restrictions: By submitting a Submission, you grant Walker (i) a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our Websites or on third-party websites), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law); and (ii) an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our Websites or on third-party websites), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). 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 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’s rights. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Term at a later time. Walker 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).
Creative Ideas: We appreciate hearing from the public and welcome your comments. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you hereby agree that we will (i) own, exclusively, all now known or later discovered rights to the Creative Ideas; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
14. Code of Conduct
By accessing or using our Services (including our Websites) or any other feature provided through our Services (including our Websites), you hereby 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, (i) use our Services in breach of these Terms; (ii) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Websites or use or access to our Websites; (iii) harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity; (iv) impersonate another person or entity; (v) promote, solicit, or participate in any multilevel marketing or pyramid schemes; (vi) solicit personally identifiable information from or exploit any individual under eighteen (18) years of age; (vii) engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or such as posting messages unrelated to a forum’s designated topic or theme; (viii) introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to our Websites; (ix) gain unauthorized access to any computer system or nonpublic portion of our Websites or interfere with or disrupt our Websites or the servers or networks connected to our Websites; (x) invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about users of our Websites; (xi) use our Services in an illegal way or commit an act that is illegal or that otherwise results in fines, penalties, and other liability; or (xii) access the Services (including our Websites) from a jurisdiction where it is illegal or unauthorized. Walker cannot and does not guarantee that users of our Services (including our Websites) 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.
15. Links to Third-Party Sites
Our Website 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.
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 our Websites 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 Walker & Co. Brands, Inc, ATTN: DMCA Notice, 2870 Peachtree Rd NW #402, Atlanta, GA 30305.
17. Disclaimers, Liability, Indemnification
Released Parties Defined: For purposes of these Terms, the term “Released Parties” means Walker and its affiliates, officers, employees, agents, partners, and licensors.
The Bevel Trimmer: The Bevel Trimmer is subject to a one (1)-year limited warranty as set forth at Bevel Trimmer Warranty Page.
DISCLAIMER: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, YOU UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE 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 GOODS, PRODUCTS OR SERVICES LISTED ON OUR WEBSITES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE 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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR WEBSITES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. 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 SERVICES REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED FIFTY DOLLARS ($50.00).
Indemnification: 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 the Services, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will, to the extent practicable and reasonable, provide notice to you promptly of any such claim, suit, or proceeding.
18. Walker Mobile Messaging Program
In addition to the other terms and conditions set forth herein, the following terms apply to the Walker Mobile Messaging Program:
Opt In: The Walker Mobile Messaging Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Walker Mobile Messaging Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Walker Mobile Messaging Program, you agree that these Terms apply to your participation in the Walker Mobile Messaging Program. By participating in the Walker Mobile Messaging Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Walker. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Opt-Out Process: If you do not wish to continue participating in the Walker Mobile Messaging Program or no longer agree to these Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Walker in order to opt-out of the Walker Mobile Messaging Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out of the Walker Mobile Messaging Program.
Program Description: Without limiting the scope of the Walker Mobile Messaging Program, individuals that opt into the Walker Mobile Messaging Program can expect to receive messages concerning the marketing and sale of personal care products or other products, goods, or services from Walker. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. The Walker Mobile Messaging Program involves recurring mobile messages, message frequency will vary, and additional mobile messages may be sent periodically based on your interaction with Walker.
Support Instructions: For Walker Mobile Messaging Program support, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting-out of the program, and such opt-outs must be submitted in accordance with the opt-out procedures set forth above.
MMS Disclosure: The Walker Mobile Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Walker Mobile Messaging Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text-messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
Age Restriction: You may not participate in the Walker Mobile Messaging Program if you are under eighteen (18) years of age, and by using or engaging with the Walker Mobile Messaging Program, you acknowledge and agree that you are at least eighteen (18) years of age.
19. Legal Disputes, Arbitration Agreement, Right to Opt Out
PLEASE READ THIS FOLLOWING CLAUSES CAREFULLY AS THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Initial Dispute Resolution: We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and Walker agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration: If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, and/or your purchase of goods or products or use of the Services shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits, and the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds five hundred U.S. dollars ($500.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver: You and Walker each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Walker each expressly waive your respective right to file a class action or seek relief on a class basis.
Exception – Small-Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small-claims court for disputes or claims within the scope of that court’s jurisdiction.
10-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 19 by sending written notice of your decision to opt-out to the following email: [email protected]. The notice must be sent within ten (10) days of registering to use the Services; otherwise you shall be bound to arbitrate disputes in accordance with these Terms (including the terms in this Section 19). If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation: To the extent that the arbitration provisions set forth in the “Agreement to Binding Arbitration” section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Atlanta, Georgia (except for small-claims court actions, which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Atlanta, Georgia for any applicable litigation other than small-claims court actions.
Termination: Notwithstanding any provision to the contrary, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license or right to use the Services, and to block or prevent future access to and use of our Website for any reason or no reason. Upon termination, these Terms will survive and still apply.
Waiver: Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you 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.
Notices; Other Communications: You agree that Walker may communicate to you via telephone, text/SMS messaging, or email, or authorize others to communicate to you via telephone, text/SMS messaging, or email on its behalf, including but not limited to at any number or email you provides to Walker for communications (i) pertaining to products, goods, or services purchased by you, including payment, fee, or collections, (ii) pertaining to your Account, or (iii) for other informational purposes (e.g., marketing). Data rates may apply and you are responsible for charges for incoming text or email messages on your wireless phone(s) or devices for such communications. You may not revoke your consent to receive any communications from Walker pertaining to products, goods, or services purchased by you (including payment, fee, or collections) or pertaining to your Account (e.g., default, service messages). You agree that all electronic communications (e.g., email, text message) from Walker to you shall constitute “written notice” for any legal, regulatory, or contractual purposes.
Governing Law. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules. Notwithstanding the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act.
21. Changes to these Terms
We reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Services signifies your consent to the Terms as of the “Last Updated” date, which shall supersede and control over any previous terms and conditions governing the Services.
22. Contact Us
If you have questions regarding these Terms, please contact us at the following: (email) [email protected] or (mail) Walker & Co. Brands, Inc., ATTN: Legal, 2870 Peachtree Rd NW #402, Atlanta, GA 30305.