Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. 

 

ACCEPTANCE OF THE TERMS OF USE

Welcome to the website of Walker & Zanger, Inc. ("Company", “Walker Zanger”, “our”, "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms of Use") apply to your use of our website, www.WalkerZanger.com, including any related web pages, content, functionality and services offered thereon (the "Website" or “Site”).

YOUR USE OF THE WEBSITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Website. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. This Website is hosted and operated in the United States, pursuant to the applicable laws in the United States, and is only intended for users who are located in the United States of America. 

 

PRIVACY POLICY

The Company’s Privacy Policy describes our privacy practices with regard to information collected from you when you use the Website and is hereby incorporated by reference into these Terms of Use.

 

MODIFICATIONS TO TERMS OF USE

We may change these Terms of Use at any time, in our sole and absolute discretion, without prior notice to you by posting changes on this page of the Website. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. In our sole and absolute discretion, we may also notify registered users of material changes to these Terms of Use by email or on their user account page, though we undertake no commitment to do so. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

 

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the "Content") is the sole and exclusive intellectual and proprietary property of Walker Zanger and is similarly protected by the laws of the United States regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, nationally and internationally. All Content is owned, controlled and/or licensed by Walker Zanger, or by any other party designated as the owner or provider of any aspect of such Content as noted. Therefore, you must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website. No legal right, title or interest relating to any intellectual property owned, controlled and/or licensed by Walker Zanger from any other third party as designated on the Website, shall be transferred to you or any other person as a result of your use of this Website.

 

WEBSITE ACCESS AND LIMITED LICENSE

Walker Zanger grants you a limited, non-exclusive, non-transferable, revocable, and right to access, use and display the Website and its Contents for your personal use only. You may download a copy of the Website (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, with respect to the copyrights, trademarks and service marks of Walker Zanger, its affiliates or any third parties that are identified). Except as otherwise provided herein, You may not reverse engineer, copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Walker Zanger. Also, you may not "harvest" (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so); this includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site. Also, you may not use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site, "stream catch" (download, store or transmit copies of streamed content),

obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you, "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems, circumvent or reverse engineer the Site or its systems, or restrict or inhibit another user or users from using and enjoying this Site. In addition, you may not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Website or any Content. We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to, and/or use of, the Website, or any portion thereof, at any time, with or without notice, if we have reason to believe you have violated, or have attempted to violate, in any way, these Terms of Use. 

 

REGISTRATION

Certain areas of the Website may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

 

PROHIBITED USES

By accepting the within Terms of Use, You hereby agree to use the Website for lawful purposes only and You specifically agree not to use the Website for any of the following improper purposes:

  • Use that in any way that violates any applicable federal, state, local and international law or regulation.
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website
  • Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).
  • Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
  • Introduce any viruses, Trojan horses, worms, code, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).
  • Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
  • Any purpose that exceeds the scope of the limited license set forth above or otherwise is inconsistent with or violates any other provision(s) of these Terms of Use.

 

LINKING

The Website may link to other Internet websites and resources, including to those websites operated by advertisers and other third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Walker Zanger of such other third-party website(s) and is for your reference and convenience only. Walker Zanger has no control over such other third-party websites or their policies and expressly disclaims all responsibility or liability in connection with such other third-party websites or their content (including the accuracy thereof). Linking to any third-party website is at your own risk and subject to the terms and conditions of use as set forth by such third-party website(s), which you should review carefully before engaging in any transactions on such website(s).

 

You may create a hyperlink to the homepage of our Website, provided that (i) you do not create a link to any part of the Website other than the homepage; (ii) you do so in a way that is fair and legal and does not damage our reputation or portray the Website, the Content, Walker Zanger and/or its affiliates, or our products or services in any false, misleading, derogatory, or otherwise offensive manner; (iii) you do not establish a link from any website not owned by you; (iv) such link does not suggest any form of association, approval or endorsement on our part where none exists; (v) such link accurately displays the Website or Content in full (including all copyrights, trademarks, service marks, branding, advertising and promotional materials) and as originally displayed on the Website (without alteration of any kind); and (vi) you do not in any circumstance "frame" the Website or any of its Content on any other website. Any other use of the Website, Content or any intellectual properties of Walker Zanger as part of any link to the Website without Walker Zanger’s express written permission are strictly prohibited. We reserve the right at any time, in our sole and absolute discretion, to withdraw the linking permission described in this paragraph without notice. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

 

PRODUCT INFORMATION

Although we have made every effort to display as accurately as possible the colors, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, description of products, or other Content on this Website. Walker Zanger reserves the right in its sole and absolute discretion, to correct any typographical mistakes, inaccuracies, errors or omissions. Additionally, the DISCLAIMER OF WARRANTIES set forth below is fully applicable.

 

SALES ORDERS

All Sales Orders are subject to the terms and conditions on the Conditions Of Sale form, which are incorporated herein by reference.

 

 

USER-GENERATED CONTENT

The Website may contain message boards, chat rooms, blogs, personal web pages, or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Website (collectively, “User Generated Content”). All User Generated Content must comply with the Content Standards set out below in these Terms of Use. All User Generated Content you post to the Website will be considered non-confidential and non-proprietary, and Walker Zanger shall have the right to use, copy, distribute and disclose to third parties any such material for any such purpose. Through your posting of User Generated Content, you grant to Walker Zanger and its affiliates the irrevocable, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. Walker Zanger has no obligation to provide attribution for any User-Generated Content you provide. By posting User-Generated Content, you represent and warrant that: (i) you either own or control all rights in and to the User-Generated Content and have the right to grant the Company and its affiliates the license granted above; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) you waive any moral rights you may have, including if the User-Generated Content is changed in a manner not agreeable to you.

 

You understand and acknowledge that you are solely responsible for the User-Generated Content you submit, post, email or otherwise make available through the Website. Walker Zanger has no duty to monitor, pre-screen or regularly review submissions made to the Website. Notwithstanding the foregoing, Walker Zanger has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including Content Standards), in Walker Zanger’s sole and absolute discretion. Walker Zanger does not take any responsibility or assume any liability for any User-Generated Content posted by you or any third party, including the failure to maintain the same. All opinions expressed by users in User-Generated Content, other than content expressly posted by the Company, are expressed strictly in such user’s individual capacity and do not reflect the opinion of the Company. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Walker Zanger in its sole and absolute discretion. If you do not agree to these terms, do not submit any User-Generated Content.

 

CONTENT STANDARDS

These content standards (the “Content Standards”) apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:

  • Contain any material which is libelous, defamatory, obscene, pornographic, indecent, harassing, violent, hateful, inflammatory or otherwise illegal
  • be threatening, abusive, fraudulent, or disruptive to Walker Zanger or other users (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity
  • Abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
  • Infringe any party's intellectual property rights, including without limitation copyrights and trademarks
  • Use another person’s name or impersonate another, or use a fake or alternative identity that is misleading or is for a deceptive purpose
  • Violate any applicable law, or violate any party's rights
  • Contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, "worms" or constitutes any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act)
  • Promote, offer or advertise any products or services, involve commercial activities, or solicit any funds or consideration.

 

USER IDENTITY AND PRIVACY

Walker Zanger does not warrant or claim to have verified the identity of any user providing User Generated Content. There may be users who post under a false identity. Walker Zanger reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any subpoena, law, regulation, government request or court order, to the fullest extent of the law. For information on our privacy policies regarding personal information collected on the Website, please see our Privacy Policy.

 

INDEMNIFICATION

You shall indemnify, defend and hold harmless Walker Zanger, its affiliates, and their respective officers, directors, managers, agents, employees, shareholders, service providers, suppliers, licensors and licensees (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of or based upon, the improper or unlawful use of the Website or breach of these Terms of Use by you or any third-party user of your account. Walker Zanger reserves the right, at its own expense, to assume the exclusive defense and control of any such Proceeding otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Walker Zanger.

 

DISCLAIMER OF WARRANTIES

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. NEITHER WALKER ZANGER, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS). 

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WALKER ZANGER AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR LAW, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR TRADE USAGE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

 

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF (AND ONLY IF) THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WALKER ZANGER OR ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF WALKER ZANGER OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF WALKER ZANGER AND ITS ASSOCIATED PERSONS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) EXCEED $100, IN THE AGGREGATE.

 

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

CHOICE OF LAW; JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of California, without regard to its principles of conflict of laws. You irrevocably (i) agree that any suit, action or legal proceeding may be brought exclusively in the courts of California or the courts of the United States for such state, (ii) consent to the jurisdiction of each such court in any such suit, action or legal proceeding and (iii) waive any objection you may have to the laying of venue of any such suit, action or legal proceeding in any of such courts. To the fullest extent permitted by applicable law, no Action with respect to this Website (or to products or services purchased through the Website) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise. You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues; otherwise, such Action is permanently barred. Notwithstanding the foregoing, (1) if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (2) we reserve the right to bring an Action against you for a breach of these Terms of Use in your state of residence or any other relevant country (if you reside outside the U.S.).

 

COPYRIGHT VIOLATIONS

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: [email protected] and insert “Re: Copyright Violation” in the subject line header of the email.

 

SEVERABILITY; WAIVER

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

 

ENTIRE AGREEMENT

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Walker Zanger with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

 

CONTACT US

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us by the following method: E-mail us at: [email protected]

Copyright © 2019 Walker & Zanger, Inc. All rights reserved.