Terms of Service Updated: May 18, 2022
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by Walk With Pop, LLC, as well as any of its subsidiaries, divisions, and affiliates (“Walk With Pop”).
By using the Service, you agree that you are at least the legal age of 18 in the jurisdiction in which you reside. The Service is not targeted for use by children under the age of eighteen.
IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE OR TO OTHERWISE WORK WITH WALK WITH POP.
Walk With Pop reserves the right to change the terms of this Agreement at any time and at our sole discretion. Any changes to the Agreement will be effective immediately upon posting and you agree to the new posted Agreement by continuing your use of the Service. We will notify you of changes to this Agreement by email and it is your responsibility to review the notice and revised terms. You consent to the revised terms by continuing to provide services as a Companion and by using the Service following notice to you of the revised terms.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERNS YOUR USE OF THE SERVICE AND SERVICE AS A COMPANION, IS LEGALLY BINDING, LIMITS WALK WITH POP’S LIABILITY TO YOU, AND REQUIRES YOU TO INDEMNIFY WALK WITH POP AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AND SERVICE AS A COMPANION AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT PARTICIPATE IN OR USE THE SERVICE.
This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of the Agreement shall control.
WALK WITH POP IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE MEDICAL OR EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Service provides a platform to connect individuals seeking to obtain certain services (“Clients”) and independent third-party contractors seeking to provide such services (“Companions”). Companions are not employees of Walk With Pop, LLC. Both Clients and Companions are “Users” of the Service.
Walk With Pop only provides a platform for enabling connections between Users through use of the Service. Beyond this, Walk With Pop does not provide services to Clients. Instead, Walk With Pop enables Companions, which are independent contractors, to provide services to Clients. Although Walk With Pop performs certain background screenings on Companions and applicants, neither Walk With Pop, nor any of its subsidiaries or affiliates, assumes any responsibility for any of the acts or omissions of any Companions or Client, such as property damage, bodily injury, or emotional distress that may result in connection with the services a Companions may perform for a Client. Walk With Pop is not responsible or liable for the performance or conduct of Clients or Companions, whether online or offline. Walk With Pop does not endorse any products or recommendations by Companions communicated with you. You acknowledge that your reliance on any Companions or any information provided to you by any Companion via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
Welcome to Walk With Pop, LLC. (“Walk With Pop”) we are excited for you to work with us as an independent service provider (a “Companion”). With your help, Walk With Pop is able to provide individuals with companionship and physical activity (“Walking”). We work with you to provide these services by means of Walk With Pop’s website, mobile application, email exchanges, call in service, or other means (the “Service”).
Subject to the terms contained herein, Walk With Pop hereby grants you a limited right to access and use the Service. You agree that you shall use the Service only in accordance with the terms of this Agreement, applicable law, and any additional rules, policies and procedures established by Walk With Pop for use of the Service. Any and all policies and procedures issued by Walk With Pop shall apply to your service as a Companion and use of the Service. Walk With Pop reserves the right, at any time, to modify or supplement external policies referenced and incorporated into this Agreement as well as any information referenced via hyperlink (or the addresses where such information may be found). Such modifications shall become effective upon posting. Such modifications or supplements may be provided to you via electronic means.
By registering and using the Service, you represent and warrant that all information provided to Walk With Pop in connection with this Agreement, including in the process of registration for the Service, is true, accurate and complete. You are responsible for installing and maintaining all equipment and systems necessary to access the Service and for paying all charges related thereto.
Nothing in this Agreement requires you to accept any opportunity on the Service, and nothing in this Agreement shall guarantee you any particular volume of opportunities for any particular time period.
You understand that this Agreement is for an independent contractor relationship with Walk With Pop. Neither this Agreement nor any other verbal or written communication is, nor should it be considered to be, an agreement or contract of employment, express or implied, or a promise of treatment in any particular manner in any given situation, nor does it confer any contractual or employment rights whatsoever.
You shall be solely responsible for all taxes arising from compensation and other amounts paid under this Agreement and shall be responsible for all payroll taxes and fringe benefits. No federal, state, local income tax, or payroll tax of any kind, will be withheld or paid by Walk With Pop on your behalf. You understand that you are responsible to pay, according to law, your taxes and you shall, if requested by Walk With Pop, properly document to Walk With Pop that any and all federal and state taxes have been paid. You may be issued a Form 1099 at the end of the tax year. You shall hold Walk With Pop harmless for any claims related to late or non-payment of said taxes.
You agree that you are not entitled to the rights or benefits afforded to Walk With Pop’s employees. You will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan of Walk With Pop. No workers’ compensation insurance shall be obtained by Walk With Pop covering you or your employees. You are responsible for providing, at your own expense, disability, unemployment, and other insurance, workers’ compensation, training, permits, licenses, and any other requirement for yourself.
You shall not take any actions on behalf of Walk With Pop or in Walk With Pop’s name. You shall not at any time represent that you are employed by Walk With Pop, or that you are authorized to make any contracts, agreements or obligations on behalf of Walk With Pop or any of its affiliates. You shall not use the names, logos, and any variation thereof, of Walk With Pop or its affiliates or subsidiaries, in connection with any of your business or operations without the prior written approval of Walk With Pop and then only in the manner approved.
You may represent, perform services for, and contract with as many additional clients, persons, or companies as you, in your sole discretion, see fit, provided those services do not pose a conflict of interest with the services performed for Walk With Pop. You acknowledge that this is a non-exclusive engagement, and that Walk With Pop retains the right to appoint additional contractors as Walk With Pop, in its sole and absolute discretion, may from time to time determine to be in the interests of Walk With Pop without liability or obligation to you.
You are free to select the times you wish to access the Service. You are free to accept, reject, or ignore any particular request, assignment, or opportunity made available to you through the Service and you have the sole right to control the manner and means by which you serve as a Companion through the Service, so long as you obey applicable law and comply with the terms of this Agreement. You are engaging Walk With Pop to provide you access to the Service, which will permit you to serve as a Companion.
You possess and are solely responsible for all tools, vehicles, and equipment, including mobile telephone, modes of transportation, etc. (collectively “Equipment”) necessary to serve as a Companion. You are responsible for all costs and expenses that you may incur as a Companion, including, but not limited to, traffic tickets, tolls, parking fees, inspections, insurance, and any costs related to Equipment. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment. You understand and agree that you are not required at any time to wear or use any clothing or equipment provided by or bearing Walk With Pop’s name or logo; or to purchase, lease, or rent any products, equipment, or services from Walk With Pop.
The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Walk With Pop, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Walk With Pop, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property laws to the fullest extent possible.
A limited, revocable, non-transferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Walk With Pop or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Walk With Pop at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Walk With Pop.
You may use the Service only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Service or its related systems or networks. We reserve the right to determine whether or not your use of the Service is acceptable and to immediately revoke your access to the Service at our sole discretion.
Walk With Pop owns and uses several trademarks on the Service, including but not limited to WALK WITH POP and related logos. All rights are reserved by Walk With Pop. All other trademarks, brands, and names are the property of their respective owners. Nothing contained in the Service should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Walk With Pop or such third party that may own the trademark.
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to Walk With Pop a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.
Consent to Companion Photo and Video Activities
As a Client, you understand and agree that certain Companions may take pictures or videos or otherwise create recorded media of you during the course of providing services to you.
You also understand and agree that during the course of a service you may participate in recorded media. You further understand and agree that Companions may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Walk With Pop through the Services or to their own social media, the Internet, or otherwise. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Walk With Pop in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Walk With Pop’s and Companions’ sole discretion. Walk With Pop hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other forms of recorded media of you that are made available by Walk With Pop through the Walk With Pop Services Platform, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).
If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms.
You agree you will not (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or any other licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Walk With Pop and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other User. If you fail to promptly indemnify and defend a covered claim, Walk With Pop shall have the right to defend itself, and in such case, you shall promptly reimburse Walk With Pop for all of its associated costs and expenses. Walk With Pop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
You may only create and hold one account for your personal use. You are the sole authorized user of your account and agree to provide true, accurate, current, and complete information about yourself in connection with your account. You are responsible for maintaining the security and confidentiality of any password and account number provided by you or Walk With Pop for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Walk With Pop may assume that any communications it receives through your account have been made by you unless Walk With Pop receives notice otherwise. Walk With Pop expressly disclaims any liability from misuse of your account. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact Walk With Pop immediately at firstname.lastname@example.org. You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
The Service may provide links to other third-party websites (“Linked Sites”). Walk With Pop has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Walk With Pop is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Walk With Pop of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Walk With Pop. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. Walk With Pop makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Walk With Pop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.
In certain situations, Walk With Pop acts as a conduit between members of the Service and third-party apps. In such situations, you authorize Walk With Pop to act on your behalf to communicate with the designated driver, delivery person, and service (via voice, text message or email) to vet them and their equipment to make sure they and their vehicles meet your requirements and specifications, and to aid in locating your position for the driver or delivery person, and to advise the driver or delivery person to correct his course if required, or for any other reason Walk With Pop deems appropriate. You further authorize Walk With Pop as your agent and on your behalf, to monitor your complete walk from start to finish and if Walk With Pop deems it appropriate, to communicate with the designated person or you to make sure the designated person is meeting your specified conditions and requirements. During this phase of the Service, you authorize Walk With Pop to communicate with persons you designate to let them know the initiation, progress and conclusion of your walk.
Walk With Pop is not responsible for the services provided by any third-party application. If you decide to use any third-party application service, including in connection with Walk With Pop, you do this entirely at your own risk. Walk With Pop makes no representation or warranty as to any third-party application, products, or services, and you agree that Walk With Pop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party application, products, or services made available to you by Walk With Pop solely for your convenience. We recommend you review the terms and policies of any third-party applications prior to your use of or access to the same.
Walk With Pop provides Companions with access to third-party vendors that perform background checks and verifications. Walk With Pop itself does not conduct background checks and does not independently verify information in the background checks. Walk With Pop is not responsible or liable in any manner for the background checks.
Certain features of the Service, including, without limitation, subscribing to a membership or the placing or receipt of service orders, may require you to make certain payments, including commissions or other fees. Any fees that Walk With Pop may charge you for your use of or access to the Service are due immediately when charged by Walk With Pop and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. Walk With Pop reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. Walk With Pop, in its sole discretion, may offer credits or refunds on a case-by-case basis.
Fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay the fees as well as all applicable taxes and currency conversion fees.
Walk With Pop may from time to time offer special promotions or offers. Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.
Walk With Pop may use third party services to process payments, such as Stripe, which have their own separate terms of service. While Walk With Pop will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Walk With Pop expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Walk With Pop harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any transaction. We reserve the right to refuse or cancel an order for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Walk With Pop may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Walk With Pop may terminate or suspend your right to use the Service at any time and for any reason. Without limitation, Walk With Pop may terminate or suspend your right to use the Service at its sole discretion, without refunding any unused fees or credit on your account, if you violate any term of this Agreement or any policy of Walk With Pop posted on the Service, or if Walk With Pop otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with your use of the Service. In addition to terminating or suspending your account, Walk With Pop reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you regarding your prior use of the Service.
By providing your mobile number to us, you agree to be contacted by or on behalf of Walk With Pop at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Service (such as to update on status of arrival, timing, and to confirm orders and use of the Service), and you recognize and acknowledge that text messaging is an inherently less secure of a method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. For help regarding the communications, we exchange with you using your phone number, contact us directly.
Consent to receive marketing text messages, which are subject to separate consent terms, are not a condition of purchasing any of Walk With Pop’s goods and services, and you are free to opt-out at any time of marketing text messages- if you would like to stop receiving marketing text messages, you may text the word STOP in reply to any text. Note that we may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the Service that most recently sent you a message or respond to your STOP message by texting you a request to identify the Service(s) you wish to stop. Keep in mind that if you stop receiving marketing text messages from us, you may not receive important and helpful information and reminders.
Walk With Pop complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Walk With Pop has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Walk With Pop to determine the legitimacy of the signature and the identity of the signatory;
Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Walk With Pop to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
Information reasonably sufficient to permit Walk With Pop to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Walk With Pop Copyright Agent
Please note if any notification of claimed infringement does not meet the above requirements, Walk With Pop has no responsibility to respond to or act on any such defective notification of claimed infringement.
If you receive a notification of claimed infringement, you may submit a counter-notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
Your physical or electronic signature, as well as information sufficient for Walk With Pop to determine the legitimacy of the signature and the identity of the signatory;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter-notification must be sent to our Copyright Agent at email@example.com.
Walk With Pop reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Walk With Pop will not be liable to any party for any modification or discontinuance of the Service, in part or in its entirety.
You and Walk With Pop agree that any and all disputes or claims that have arisen or may arise between you and Walk With Pop that relate in any way to your participation in, use, or access of the Service, including but not limited to services provided by a Companion, or the actions of Walk With Pop or its agents, shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to arbitrate.
If a dispute arises between you and Walk With Pop, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Walk With Pop related to the Service.
UNLESS YOU AND WALK WITH POP AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.
If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and Walk With Pop’s right to appeal the court’s decision. All other claims shall be arbitrated.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and held in Santa Clara County or another mutually agreed location.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules which can be found online through the JAMS website athttps://www.jamsadr.com/.
This Agreement will be is governed, construed, and enforced under the laws of the State of California, without regard to choice of law principles. Any action arising under or related to this Agreement shall be filed in a state or federal court located in San Jose, California (except for small claims court actions which may be brought in the county where you reside). You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email
in any legal proceeding.
You and Walk With Pop agree that if any portion of these Terms is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Terms will remain valid and enforceable to the maximum extent permitted by law.
No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
If you have any questions regarding these Terms or otherwise need to contact us, please email us at firstname.lastname@example.org, contact us by United States mail at 3964 Country Vista Ct, San Jose, Ca, 95121 or call us via telephone at (408)641-0677.
All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
2. Intellectual Property Rights
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Website for your own personal, non- commercial use and not for further reproduction, publication or distribution.
● If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
3. User Contributions
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
4. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
6. Prohibited Uses
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, 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.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following email address: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
● Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
12. Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Order Acceptance You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
14. Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
15. Final Sale; Returns; Exchanges
Final sale, returns, and exchanges will be reviewed on a case-by-case basis.
16. Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
17.. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
20. Governing Law and Jurisdiction
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
22. Entire Agreement
23. Waiver and Severability
24. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to firstname.lastname@example.org.