Walker Tracker Terms of Service

By using the web site (“Service”), mobile app, or any services ("Service") of Walker Tracker ("Provider") you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://community.walkertracker.com/terms.php

Violation of any of the terms below will result in the termination of your Account. While Provider prohibits such conduct and Content on the Service, you understand and agree that Provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide a valid email address, and any other information requested in order to complete the signup process.
  3. You are responsible for maintaining the security of your account and password. Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

The service is opt-in, and all payments for the service are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account tab in your administration area. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. Provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Provider reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages and/or journal entries to be shared publicly, you agree to allow others to view and share your Content, including photos.
  2. The Provider does not pre-screen Content, but the Provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright ©2005-2016 Walker Tracker, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Provider.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only available via email.
  3. You understand that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Provider, or any other Provider service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Provider.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Provider customer, employee, member, or officer will result in immediate account termination.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT IMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE WEBSITE, PROVIDER E-MAILS, TEXT MESSAGES, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, USER DATA, PEDOMETER INFORMATION, BIOMETRIC DATA, OR THE AVAILABITY OF GOODS OR SERVICES; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, OUR WEBSITE OR ANY PROVIDER SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE WEBSITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  11. IN NO EVENT SHALL PROVIDER OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROVIDER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO PROVIDER WITHIN THE PAST TWELVE MONTHS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
  12. You agree to defend, indemnify, and hold harmless Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Submissions, use of the Service, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Provider reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Provider, and you agree to cooperate, at your expense, with Provider's defense of such claims. Provider will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  13. The failure of Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Provider and govern your use of the Service, superseding any prior agreements between you and Provider (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to support@walkertracker.com.

Privacy

User privacy is very important to us, in fact, it’s a top priority.

Provider is an online application that allows participants to enter and store information pertaining to daily physical activity and other personal health metrics measured outside of a clinical setting. This privacy statement applies to the data collected on the Provider site or on corporate portal sites run by Provider; it does not apply to data collected through other online or offline sites, products or services.

Personally-Identifiable Information Submitted by Children Under 13

No part of the Provider services are intended for use by persons under 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE PROVIDER SERVICES AT ANY TIME OR IN ANY MANNER. If we determine that personally-identifiable information of persons under 13 has been collected without verifiable parental consent, we will remove the information from our systems. If you are a parent or guardian and learn that your child under 13 has created a Provider account, you may contact us and request that the information be removed from our systems.

E-mail Addresses

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users access or visit, and information volunteered by the user (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.

We transfer information about you if Provider is acquired by or merged with another company. In this event, Provider will notify you before information about you is transferred and becomes subject to a different privacy policy.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.

We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to your Provider Project Site after a certain period of time has elapsed to protect you against others accidentally accessing your account contents. Please note: cookies are required to use the Provider service.

Data Storage

Provider uses hosting services (such as Amazon and Rackspace) to provide the necessary hardware, software, networking, storage, and related technology required to run Provider. Although Provider owns the code, databases, and all rights to the Provider application, you retain all rights to your data.

Disclosure

Provider may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.

Changes

Provider may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Provider account or by placing a prominent notice on our site.

Anonymity

Provider’s client can decide to configure their portal so that individual users are not required to user their real name when registering – instead, participants can choose a username and anonymous email address, allowing for an additional level of individual privacy and anonymity. Visibility of real names on the site is the sole discretion of the client program administrator.

Third Party Wellness Providers

Provider may disclose your relevant Personal Information (such as name, e-mail address, step/activity data) to third parties who have been engaged to provide wellness-related services.

Provider and HIPAA

Since Provider is not a health plan, information clearinghouse, nor a provider of healthcare services or medical/diagnostic advice, Provider is not covered under the HIPAA regulations or the 2009 ARRA extensions to HIPAA. Activity and health information entered into the Provider site, generally referred to as “Observations of Daily Living”, are similarly not covered under HIPAA or the new ARRA extensions. Our privacy rules ensure that the data you enter is protected and private – since personal health data is not shared with sponsoring companies or other related entities, Provider privacy rules actually provide a level of protection not available under HIPAA .

Personal Activity, Health Metrics, and Privacy

In addition to activity data, Provider offers participants the ability to enter personal health metrics including nutrition, hydration, weight, resting heart rate, mood, and up to two additional metrics that are defined by the individual user or, in some cases, the program administrator. Personal health data entered into Provider is always private to the individual participant, with the exception of activity data (i.e. steps and activities converted to steps). Program administrators (program sponsor or Provider’s client) cannot access, download, or view this personal health information, nor is it visible or accessible to other participants on the site. Some program administrators may choose to turn one or more health tracking features off, so that participants are limited strictly to daily step/activity entries.

While daily activities (converted to step equivalent) and steps are visible to others within each portal instance (Company X portal, for example), participants can choose privacy settings for individual journal postings. This enables users to choose on a daily basis whether their posts are private, visible to designated friends, or visible to other program participants.

Activity and step entries are considered “public” information and are used to tally individual and team results in challenge events and competitions. In this case, “public” means other participants and administrator(s) logged into the private program, not the internet at large. This is similar to athletic events or contests where information about participant performance is available to other participants and interested parties.

Questions

Any questions about this Privacy Policy should be addressed to support@walkertracker.com or by mail at: Walker Tracker, 15111 Portland, OR 97293



 
 
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