Walker Products, Inc. provide this interactive website (the “Site”) to enable consumers to access information about Walker aftermarket products, and to submit ideas, inventions, suggestions, comments, or other materials (collectively, “Content”) related to Walker Products, Inc. products. The services offered by Walker Products, Inc. include the WalkerProducts.com website (the “Site”), and any other features, content, or applications offered from time to time by Walker Products, Inc. in connection with the Site (collectively, the “Walker Services”).
I. User Eligibility
Use of the Site and the Walker Services is void where prohibited. By using the Site and the Walker Services, you represent and warrant that your use of the Site does not violate any applicable law or regulation. If you are a Subscriber, you represent and warrant that (a) all Subscriber information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 18 years of age or older. Your Subscriber account may be terminated without warning if we believe that you are less than 18 years of age.
This Agreement shall remain in full force and effect while you use the Site or are a Subscriber. Walker Products, Inc. may terminate your account at any time, without warning, for any violation of this Agreement. Even after your account is terminated, this Agreement will remain in effect.
III. Account Name and Password
As a Subscriber, you are responsible for maintaining the confidentiality of your account name and password, and are fully responsible for all activities that occur under your account name and password with or without your knowledge. You agree to immediately notify Walker Products, Inc. of any unauthorized use of your account name or password or any other breach of security. In any event where unauthorized use or access is suspected, your account may be suspended temporarily or terminated. Walker Products, Inc. cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account name and password secure.
IV. Intellectual Property Policy
When using this Site, Walker Products, Inc. requires Visitors and Subscribers to respect the intellectual property rights we have in the Site’s contents, such as text, graphics, and images (the “Site Material”).
Walker Products, Inc. grants you a limited, revocable, nonsublicensable license to view and download a copy of the Site Material for your use. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material. Use of the Site Material on any other web site or in a networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Walker Products, Inc. Unauthorized use of the Site Material violates copyright, trademark, and other intellectual property laws.
With respect to Content you submit to Walker Products, Inc., you represent and warrant at all times during the term that: (i) you own such Content or otherwise have the right to grant the license set forth in Section V(a) below (ii) submission of your Content to Walker Products, Inc. does not violate any copyright, trademark, trade secret or other intellectual property right of any third party (iii) submission of your Content to Walker Products, Inc. does not violate the privacy rights, publicity rights, or any other rights of any person. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Content submitted by you to Walker Products, Inc.
The Site also contains the Content of Subscribers and other Walker Products, Inc. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site.
It is the policy of Walker Products, Inc. to terminate the accounts of Subscribers who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. We ask all Visitors and Subscribers to inform us immediately if they have reason to suspect that any material submitted by a Subscriber infringes someone’s intellectual property rights.
If you believe your copyrighted work has been submitted to Walker Products, Inc. in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. Walker Products, Inc.’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Walker Products, Inc.
V. Rights and Responsibilities Regarding Content Submitted to Walker Products, Inc. Through the Site\
1. License for Content Submitted to Walker Products, Inc.
You hereby grant to Walker Products, Inc. a non-exclusive, perpetual, irrevocable, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. The license you grant to Walker Products, Inc. is fully-paid and royalty-free (meaning that Walker Products, Inc. is not required to pay you for the use of the Content you submit), sublicensable (so that Walker Products, Inc. is able to provide the Content for use by its affiliates and subcontractors), and worldwide (because the Internet and the Walker Services are global in reach).
2. Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to submit to Walker Products, Inc. through the Site. Prohibited Content includes, but is not limited to Content that Walker Products, Inc., in its sole discretion, reasonably believes:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains pornography, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. is likely to cause harm to Walker Products, Inc.’s web servers, office computers, or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site.
3. Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. covering or obscuring the banner advertisements on any Walker Products, Inc. page via HTML/CSS or any other means;
3. any automated use of the system, such as using scripts to add Subscribers or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the Walker Services or the networks or services connected to the Walker Services;
5. attempting to impersonate another Subscriber or person;
6. using the account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account;
7. selling or otherwise transferring your account;
8. using any information obtained from the Walker Services in order to harass, abuse, or harm another person; or
9. using the Walker Services in a manner inconsistent with any and all applicable laws and regulations.
4. Removal of Subscriber Content/Termination of Accounts
Walker Products, Inc. may remove any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Walker Products, Inc. may also terminate the accounts of Subscribers and prevent their further access to the Site for violating these terms or the law. Walker Products, Inc. also reserves the right to investigate and take appropriate legal action against anyone who, in Walker Products, Inc.’s sole discretion, violates subsections (b) and (c) of this Section, including without limitation, reporting such violations to law enforcement authorities. The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate revocation of your right and license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
Despite the prohibitions in subsections (b) and (c) of this Section, Content provided by other Walker Products, Inc. Subscribers may contain inaccurate, inappropriate, or offensive products, services or activities, and Walker Products, Inc. assumes no responsibility for monitoring the Walker Services for inappropriate Content or conduct. If at any time Walker Products, Inc. chooses, in its sole discretion, to monitor the Site or Walker Services, Walker Products, Inc. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such Content.
5. Privacy/Security of Subscriber Content
While we encourage you to submit Content to Walker Products, Inc. through the Site, you must choose carefully the Content you choose to post. You are solely responsible for the Content that you submit, and any material or information that may be viewed by other Visitors and Subscribers.
VI. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
VII. Communications With You
Walker Products, Inc. may communicate with you via email regarding your use of the Site or your submission of Content. You agree to receive emails from Walker Products, Inc., or its designee, necessary for the normal functioning of the Site or in connection with Walker Services.
VIII. Limitation of Liability
You understand and agree that WALKER PRODUCTS, INC. SHALL NOT BE LIABLE for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use material on this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Walker Products, Inc. is advised of the possibility of such damages.
IX. Disclaimer of Warranties
Although Walker Products, Inc. strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Walker Products, Inc. cannot be responsible for the violation of these terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading material submitted by other Visitors or Subscribers. Walker Products, Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using the Site or from relying on its material. YOU USE THE SITE AND ITS MATERIAL AT YOUR OWN RISK.
The Site may contain links to other websites. Walker Products, Inc. is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Walker Products, Inc. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Walker Products, Inc. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. Walker Products, Inc. is not responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the Walker Services.
Walker Products, Inc. does not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through the Site in connection with Walker Products, Inc. services will meet your expectations (iv) the Site will operate in perpetuity. WALKER PRODUCTS, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. WALKER PRODUCTS INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WALKER SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A SUBSCRIBER’S COMPUTER OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WALKER SERVICES. Under no circumstances shall Walker Products, Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Walker Services, from any Content submitted to the Site, or from the conduct of any Subscriber or Visitor using the Site or the Walker Services, whether online or offline. If your submission of Content to the Site or use of the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data, and submitted content, Walker Products, Inc. shall not be responsible for those costs or expenses.
YOUR USE OF THIS SITE, THE SITE MATERIAL, AND THE WALKER SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WALKER PRODUCTS, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
By using the Site and/or the Walker Services, you agree to defend, indemnify, and hold harmless Walker Products, Inc., its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Walker Products, Inc. may become obligated to pay arising or resulting from your use of the Site, the Site Material, the Walker Services, or your breach of this Agreement. Walker Products, Inc. reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
XI. Governing Law
These Terms and Conditions are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in California with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Site, this Agreement constitute the entire agreement between you and Walker Products, Inc. with respect to your use of this Site and the Walker Services.