Welcome to WalkingSpree.com, promoting health and wellness. By accessing or using this site, you are agreeing to comply with and be bound by this Agreement. This Agreement describes the terms and conditions applicable to your use of our services at WalkingSpree.com web site. The following describes the terms on which WalkingSpree offers you access to our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our site.
Fees and Services
Subject to these Terms and Conditions, users are free to browse the site information. Joining WalkingSpree as a registered member and using its membership services, and participating in events, programs or other services made available through the web site may be subject to a fee. Such fee will be provided to you at the time of purchase at which time you will be able to accept or reject the fees that will be charged for using the service.
We may change our billing fees and policies and the fees for our services from time to time. Our changes to the policy that result in an increase to our billing fees and policies shall be effective after we provide you with at least thirty (30) days' notice of the changes either by a message sent to the e-mail address of the account holder or by posting the changes on our web site. However, we may choose to temporarily reduce our billing fees and policies and the fees for our services for promotional events without notice to you. We may also choose to provide promotional discounts to certain customers to address specific customer problems or complaints.
WalkingSpree Privacy Policy
Registration data and certain other personal information about you is subject to our Privacy Policy.
Membership Policy and Fees
Subscribing to and becoming a member of the WalkingSpree service is subject to fees and additional terms of use as outlined below:
- As a subscriber to WalkingSpree, you agree that we are permitted to charge or debit, as applicable, your payment method for the initial payment with any associated membership fee and any applicable tax in Canadian or US currency that the member had chosen at initial enrollment.
- WalkingSpree Wellness Package is offered on a subscription basis. Subscription to Wellness Package may be available for varying commitment periods (e.g. monthly or annually) and you may have a choice of paying an up-front fee for such periods or to pay monthly. If you choose a pay-monthly subscription with no commitment period, the first month monthly fee will be collected by debit/credit card at the time of enrollment and thereafter be invoiced on the anniversary date of each month or at the fifteenth or the last day of the following month, at least 30 days from the date of enrollment.
- If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription on at least 28 days' notice by contacting us at Info@walkingSpree.com
- If you choose a subscription with a fixed commitment period (e.g. 1 year) then at the end of that period your subscription will automatically convert into a pay-monthly subscription at the then current rates which can be cancelled by us or you on 28 days notice by contacting us at info@walkingSpree.com. Where such notice is given 28 days or more prior to the end of the fixed commitment period, the subscription will end upon expiry of that period.
- We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any services, including your subscription, in the event of problems with the debit/credit card.
- A full refund will be offered within 30 days from the purchase date for any reason subject to notifying us of your cancellation. Following such notice you must return the products covered by the cancelled order undamaged to ‘WalkingSpree Inc., 456 Sierra Morena Place SW, Calgary, Alberta, Canada, T3H 2X2’. Products must be labeled with the returns label included in your delivery documentation and returned by registered post or courier unused and in their original undamaged packaging. You are responsible for the costs of returning the products and we reserve the right to make a charge not exceeding our direct costs of recovering the products (which we are entitled to do) in the event that you do not return the products or you return them at our expense. Should the Pocket Pedometer be damaged, as determined by WalkingSpree in its sole discretion, we reserve the right not to provide the full refund.
- WalkingSpree reserve the right to charge an Administration Fee of CAD $25 or USD $20 for the following requests from the member:
- Transfer of Pocket Pedometer from one member to a new member.
- Activation of a pedometer that was not initially sold by WalkingSpree.
- Should the credit or debit card as provided be insufficient to pay any monthly fees and new card information must be provided.
Limited License
Subject to the Terms and Conditions set forth in this Agreement, WalkingSpree grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon solely for your personal use. You may not sell, modify, reproduce, display, distribute, resell or exploit for public or commercial purposes, any portion of the WalkingSpree services, use of the WalkingSpree services, or access to the WalkingSpree services.
The WalkingSpree web site is copyrighted and protected by worldwide copyright laws. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, WalkingSpree does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Warranty and Disclaimer
WalkingSpree strives to ensure the site operates without error and that the web site and its servers are free of computer viruses or other harmful code. However, the WalkingSpree services, the WalkingSpree web site, the WalkingSpree software made available on the site, and the information and materials contained therein, are provided on an "AS IS" basis without any warranties of any kind, express, implied or statutory. Use of the services is at your sole risk and there is no warranty that the WalkingSpree services will meet your requirements, the service will be uninterrupted, timely, secure or error-free, the results obtained from the use of the service will be accurate or reliable, and that any errors in the software will be corrected. WalkingSpree contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
The information available on or through this site, and the services supplied via or in connection with this site do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise regime, you should consult your doctor. WalkingSpree is not responsible for the accuracy, reliability, effectiveness, or correct use of information provided by the services, or for any health problems that may result from use of the services.
Any material downloaded or otherwise obtained through use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from WalkingSpree or through WalkingSpree services shall create any warranty not expressly stated herein.
Limitation of Liability & Damages
IN NO EVENT WILL WALKINGSPREE BE LIABLE TO ANY USER OR OTHER THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS CONTAINED THEREIN, THE POCKET PEDOMETER, AND ANY ASSOCIATED SOFTWARE, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATING TO THE WALKINGSPREE SERVICES.
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES OR CONDITIONS FOR ANY OF THE SERVICES OF THE PRODUCTS PROVIDED BY WALKINGSPREE, EXPRESSED OR IMPLIED BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WALKINGSPREE SPECIFICALLY DOES NOT WARRANT THE PRODUCTS OR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT THE PRODUCTS AND SERVICES WILL MEET ALL OF WALKINGSPREE MEMBER NEEDS OR THAT ALL ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED.
THIS DISCLAIMER AND LIMITATION INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA, AND APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WALKINGSPREE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Third Party Submissions and Links
WalkingSpree web site may include postings, listings, and information from third parties, including advertisers and other partners. Such content is the responsibility of the third party creator of the content and WalkingSpree cannot guarantee accuracy or integrity of the content. WalkingSpree has no control over, and has no responsibility for such content under any circumstances and is merely providing access to such content as a service to you. Third party materials may include offensive, inappropriate, harmful, or deceptive information. Please use caution when using or viewing third party information.
While WalkingSpree will endeavor to remove any offensive or harmful content from the web site as soon as it comes to our attention, we will determine in good faith and in our sole discretion whether or not to remove or request the removal of the content. WalkingSpree may provide, on its web site, links and/or advertisements to web sites operated by other entities. These sites are not necessarily affiliated, endorsed, or in any way related to WalkingSpree. If you decide to visit any linked site, you do so at your own risk and understand WalkingSpree makes no warranty or representation regarding any linked web site.
Acceptable Use and Public Submissions
You agree not to take any action, nor use any software, engine, tool, agent, device or mechanism that a) imposes an unreasonable or disproportionately large load on this web site’s infrastructure, or b) interferes with the proper working of the site or any activity being conducted on this site, or c) searches and navigates the WalkingSpree website by means other than what is provided to you by WalkingSpree and generally available third party Web browsers (e.g. Microsoft Explorer, Mozilla Firefox, Netscape Navigator).
As a participant in WalkingSpree services, you understand that all information provided by you, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, and not WalkingSpree, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the WalkingSpree Services. You acknowledge that WalkingSpree does not pre-screen content, but that WalkingSpree and it’s designees reserve the right (but not the obligation) at all times to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in WalkingSpree sole discretion. WalkingSpree also may disclose content if required to do so by law, or to protect the rights and property of WalkingSpree, its users and the public.
In particular, you agree not to use the service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, ethnically or otherwise objectionable.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of another.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or the proper working of this web site.
- Deleting or revising any material posted by any other person or entity.
- Impersonate any person or entity, including, but not limited to, a WalkingSpree official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
- Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
WalkingSpree does not claim ownership of the content you submit for inclusion on the service. However, with respect to the content you submit, you grant WalkingSpree a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such content on the service solely for the purposes of providing and promoting the specific portion of the web site to which such content was made available. This license exists for as long as you elect to continue to include such content on the service and will terminate at the time you remove or WalkingSpree removes such content from the service.
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
Proprietary Rights
You acknowledge and agree that the WalkingSpree service and any necessary software used in connection with the Services ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the WalkingSpree Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WalkingSpree or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the WalkingSpree Services or the Software, in whole or in part.
WalkingSpree grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your personal computer(s); provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the WalkingSpree Services by any means other than through the interface that is provided by WalkingSpree for use in accessing the WalkingSpree Services.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD WALKINGSPREE, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY REWARDS PROGRAM, COUPONS, OR ANY OTHER SERVICE OR OFFER MADE BY YOU TO YOUR CUSTOMERS, OR DUE TO OR ARISING OUT OF MATERIALS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Changes
WalkingSpree may, in its sole discretion, modify or revise these Terms of Use at any time by updating this page. Users are bound by any such modifications. If you do not agree to be bound by such modifications, your sole remedy is to discontinue use of the WalkingSpree web site and associated services.
WalkingSpree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WalkingSpree Services (or any part thereof) with or without notice. You agree that WalkingSpree shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WalkingSpree Services.
Trademark Information
WalkingSpree, Walkingspree.com, Pocket Pedometer™ and other WalkingSpree logos and product and service names are trademarks of WalkingSpree Inc. which cannot be used or displayed in any manner without the prior permission of WalkingSpree.
General Information
You agree that this Agreement and all incorporated agreements may be automatically assigned by WalkingSpree, in our sole discretion, to a third party in the event of a merger or acquisition. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
WalkingSpree web site is controlled, operated and administered by WalkingSpree from its offices within Canada. This Agreement constitutes the entire agreement between WalkingSpree and you with respect to your use of the site. The Terms and Conditions and the relationship between you and WalkingSpree shall be governed by the laws of the Province of Alberta, and you agree to attorn to the jurisdiction of the Courts of Alberta.