The effective date of this Agreement is April 8th, 2010.
By accessing or using any features of the site, including the purchase of products and services on the site located at www.walkingbelts.com and operated and managed by Walking Belts, (“Walking Belts” “we” or “us”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the Walking Belts Site (collectively, “Users”) are bound by these Terms of Service. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.
Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Walking Belts may vary from these Terms of Service.
As a User of the Walking Belts Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the Walking Belts Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the Walking Belts Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the “register” link near the top of any page on www.walkingbelts.com.
These Terms of Service set out the legally binding terms with respect to your use of the Walking Belts Site. Please read these Terms of Service carefully. Your access to and use of the Walking Belts Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the Walking Belts Site.
The Walking Belts Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Walking Belts Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the Walking Belts Site. In the event we become aware you are under 18, we will terminate your registration.
Changes to the Walking Belts Site
You agree and understand that the Walking Belts Site, including any and all features available via the Walking Belts Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Walking Belts Site implemented after your initial access to the Walking Belts Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Walking Belts Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators’ use of the Walking Belts Site.
In order to access some features of the Walking Belts Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Walking Belts Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services
You may use the Walking Belts Site solely for your personal, non-commercial use. For example, you may use the Walking Belts Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the Walking Belts Site for User Content and business or product information. You may also invite people you know to join the Walking Belts Site. You acknowledge and agree that we do not control the User Content posted to the Walking Belts Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Walking Belts Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Walking Belts Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Walking Belts Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Walking Belts Site, except and to the extent expressly permitted under these Terms of Service;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Walking Belts Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Walking Belts Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- reformat or frame any portion of any Web pages that are part of the Walking Belts Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Walking Belts Site;
- submit to the Walking Belts Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to the Walking Belts Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Walking Belts Site, any other Web site, or any computer or other device or system, or the enjoyment of the Walking Belts Site by any User;
- use the Walking Belts Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Walking Belts Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Walking Belts Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the Walking Belts Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Walking Belts Site or the IT infrastructure used to operate and make the Walking Belts Site available;
- use the Walking Belts Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the Walking Belts Site
Without limiting the generality of any other provisions of these Terms of Service, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
- You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you post, publish or display on the Walking Belts Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Walking Belts Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Walking Belts Site any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the Walking Belts Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Walking Belts, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the Walking Belts Site.
- The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Walking Belts Site. You may not post any content that:
- is patently offensive to users of the Walking Belts Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or
- seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WALKING BELTS SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE WALKING BELTS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WALKING BELTS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE WALKING BELTS SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WALKING BELTS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WALKING BELTS SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WALKING BELTS SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WALKING BELTS SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE WALKING BELTS SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE WALKING BELTS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Walking Belts reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Walking Belts Site, Walking Belts reserves the right to cancel any orders resulting from such pricing errors.
To properly serve all customers, Walking Belts reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. Walking Belts further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.
Walking Belts may display advertising prints for products sold through a Walking Belts Site. Walking Belts attempts to display the colors of the products shown on the Walking Belts Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation on Liability
IN NO EVENT SHALL WALKING BELTS OR THEIR RESPECTIVE AFFILIATES, , DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE WALKING BELTS SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WALKING BELTS SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, WALKING BELTS’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE WALKING BELTS SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WALKING BELTS SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold Walking Belts and their respective affiliates, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Walking Belts Site, (ii) your use of the Walking Belts Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Walking Belts Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WALKING BELTS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Placing an Order
At this time, Walking Belts ships merchandise to locations within the 50 United States. Walking Belts ships to international locations via a third party. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
You may purchase merchandise from the Walking Belts Site by using any one of the payment options listed in Payment Options. Walking Belts reserves the right to change its payment procedures at any time without prior notice to you.
Walking Belts charges sales tax for merchandise ordered on the Walking Belts Site based on the applicable state sales tax rate and the location to which the order is being shipped.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Walking Belts return policy, available under Merchant Policy.
Changes to Terms of Service
We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Walking Belts Site after any modifications indicates your acceptance of the modified Terms of Service.
By visiting Walking Belts Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Walking Belts Site.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Walking Belts in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Walking Belts Site. These Terms of Service, which shall be deemed accepted by you upon your use of the Walking Belts Site, constitute the entire agreement among you and Walking Belts regarding use of the Walking Belts Site. Walking Belts’ failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicense by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to Contcat Us.
Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking projects yourself. They are not substitutes for your own caution, care, good judgment and common sense.
- Always read container labels on products; provide ventilation, and observe all other warnings.
- Always read the manufacturer’s users manual for using a tool, especially the warnings. You should not use tools until the owner’s manual is received and reviewed thoroughly.
- Always pay deliberate attention to how a tool works so that you can avoid being injured. Do not try to force them to do what they were not designed to do.
- Always keep your hands away from the business ends of blades, cutters, and bits.
- Never work with any tools when you are tired or under the influence of alcohol or drugs.
- Never work in insufficient lighting.
- Never work with dull tools. Have them sharpened, or learn how to sharpen them yourself.
- Never support a surface from underneath with your leg or other part of your body when working.
- Always make sure that any adjustment is locked before proceeding.
Wear the Correct Gear:
- Wear rubber or work gloves when handling chemicals, moving, or doing heavy repairs.
- Wear eye protection, especially when using power tools or striking metal on metal.
- Use a special-purpose tool belt with leather pockets and holders if you want to carry sharp or pointed tools, such as knives, awls or chisels. Never carry such tools in your pockets.
- Wear a disposable facemask when you create dust. Use a special filtering respirator when working with toxic substances and solvents.
- Never work while wearing loose clothing, hanging hair, open cuffs, or jewelry.
Power Tool Precautions:
- Always be sure that the electrical setup is safe; be sure that no circuit is overloaded and that all power tools and electrical outlets are properly grounded. Do not use power tools in wet locations.
- Always remove the key from any drill chuck (portable or press) before starting the drill.
- Always clamp small pieces firmly to a bench or other work surface when using a power tool on them.
- Always be aware that your body’s reflexes probably are not fast enough to save you from injury from a power tool in a dangerous situation. Be alert!
- Always use a drill with an auxiliary handle to control the torque when large-size bits are used.
- Never change a movable part such as a treadmill walking belt, unless the power cord and safety key are unplugged. Do not depend on the switch being off; you might accidentally hit it.
- Never use a power tool on a surface – large or small – that is not firmly supported.