Terms of Use
1. AGREEMENT
These terms of use (the “agreement”) constitute a legally binding agreement by and between Never Walk AloneLLC (hereinafter, NWA) and you (“You” or “Your”) concerning Your use of NWA’s website (the “website”) and the services available through the Website (the “Services”). By using the website and services, You represent and warrant that you have read and understood and agree to be bound by the agreement and NWA’s Privacy Policy which is incorporated herein by reference and made part of this agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. As used in this agreement: “Member” means a registered user of the website.
2. PRIVACY POLICY
By using the website, You consent to the collection and use of certain information about You as specified in the Privacy Policy. NWA encourages users of the website to frequently check NWA’s Privacy Policy for changes.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet and wireless technology and the applicable laws, rules and regulations change frequently ACCORDINGLY, NWA RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANYTIME UPON NOTICE TO YOU TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless NWA obtains your express consent, any revised Privacy Policy will apply only to information collected by NWA after such a time as the revised Privacy Policy takes effect and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE SINGLE (NOT MARRIED) DIVORCED, OR WIDOWED. YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAWS. This agreement is void where prohibited.
5. LICENSE
Subject to your compliance with the terms and conditions of this agreement, NWA grants you a non-exclusive non-sublicensable, revocable as stated in this agreement, non-transferable license to use the website and services. The website or any portion of the website may not be reproduced duplicated copied modified sold resold distributed visited or otherwise exploited for any commercial purpose without the express written consent of NWA.
6. USER INFORMATION; PASSWORD PROTECTION
In connection with your use of certain services, you may be required to complete a registration form. You represent and warrant that all information you provide on the registration form or otherwise in connection with your use of the website and services will be complete and accurate and you will update that information as necessary to maintain its completeness and accuracy by visiting your personal and or public profiles.
7. PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS
NWA DOES NOT REPRESENT WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.
8. YOUR INTERACTIONS WITH OTHER MEMBERS; RISK ASSUMPTION
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT NWA HAS NOT AND DOES NOT IN ANY WAY SCREEN ITS MEMBERS; INQUIRED INTO THE BACKGROUND OF ITS MEMBERS OR REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. NWA DOES NOT REPRESENT WARRANT OR ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT SHALL NWA BE LIABLE FOR INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER’S CONDUCT IN CONNECTION WITH SUCH MEMBER’S USE OF THE SERVICES INCLUDING WITHOUT LIMITATION, BODILY INJURY PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES YOU ON BEHALF OF YOURSELF YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS HEREBY VOLUNTARILY AGREE TO RELEASE WAIVE DISCHARGE HOLD HARMLESS DEFEND AND INDEMNIFY NWA AND ITS RESPECTIVE OWNERS AGENTS OFFICERS AND EMPLOYEES FROM ANY AND ALL CLAIMS ACTIONS OR LOSSES FOR BODILY INJURY PROPERTY DAMAGE WRONGFUL DEATH EMOTIONAL DISTRESS LOSS OF PRIVACY OR OTHER DAMAGES OR HARM WHETHER TO YOU OR TO THIRD PARTIES WHICH MAY RESULT FROM YOUR USE OF THIS WEBSITE AND SERVICES.
9. FEES
You acknowledge and agree that NWA reserves the right to charge for access to the Website and use of the Services and to change its fees from time to time at NWA’s sole discretion.
10. TERMINATION
a. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT NWA RESERVES THE RIGHT TO IN NWA’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.
b. Automatic Termination upon breach by you
This agreement shall automatically terminate if you breach any of this agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any actions by NWA
c. By you
You may terminate this agreement and your rights hereunder at any time, for any or no reason at all, by providing to NWA notice of your intention to do so in the manner required by this agreement.
d. Effect of termination
Any termination of this agreement automatically terminates all rights and licenses granted to you under this agreement including all rights to use the Website and its services. Upon termination, NWA will delete from NWA’s systems all User Content, your personal information and any other files or information that you made available to NWA or that otherwise relate to your use of the website or services.
e. Legal Action
If NWA takes legal action against you in connection with any actual or suspected breach of this agreement, NWA will be entitled to recover from you as part of such legal action and you agree to pay Never Walk Alone LLC reasonable costs and attorneys’ fees incurred as a result of such legal action. NWA will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this agreement.
11. GENERAL
This agreement constitutes the entire agreement between NWA and you concerning your use of the website and services. This agreement may only be modified by a written amendment signed by an authorized executive of NWA or by the unilateral amendment of this agreement by NWA and by the posting by NWA of such amended version.
12. FEE FOR SERVICES
a. For California Residents
You, the buyer, may cancel this agreement without any penalty or obligation at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, email or use the website and state that you, the buyer, are canceling this agreement or words of similar effect.
b. For subscribers residing in Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin
You may cancel your subscription without penalty or obligation at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
c. GENERALLY, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS EXCEPT IF THE LAWS APPLICABLE IN YOUR JURISDICTION PROVIDE FOR REFUNDS.
d. Modifications
We may modify this agreement from time to time. Notification of changes in this agreement will be posted on the Service or sent via electronic mail, as we may determine at our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement or any subsequent modifications.
Last modified and effective from 31-October-2022