People Walker, Inc. Terms of Service
Last Updated: April 26, 2018
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and People Walker, Inc. (“The People Walker,” “People Walker,” “we,” “us” or “our”), governing your use of the People Walker website, application, and/or technology platform (collectively, the “People Walker Platform”). The People Walker Platform provides a marketplace where customers ("Customers") can connect with Contractors (“Walkers”) who provide walking companion and/or motivational services for a fee (the "Services"). Walkers and Customers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the People Walker Platform.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE PEOPLE WALKER HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTIONS 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PEOPLE WALKER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A WALKER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 19.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 19) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PEOPLE WALKER PLATFORM.
- Your Representations and Warranties
By using Services, you expressly represent and warrant that (i) you are legally entitled to enter these Terms, (ii) you are at least 18 years old, and (iii) that you have the authority and capacity to enter into and abide by these Terms. If you reside in a jurisdiction which restricts the use of the Services because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not access or use Services. Without limiting the foregoing, the Services are not available to minors (persons under the age of 18). You also represent and warrant that you are able to perform the essential functions of walking and/or talking, either with or without reasonable accommodation, and understand that People Walker is not acting in any capacity as a Health Care Provider.
- License Grant
The People Walker grants you a non-exclusive, nontransferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by People Walker and its licensors.
- Use Restrictions
By using the Services, you agree that:
- You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
- You agree to comply with all applicable state, federal, and local laws while using the Services.
- You may only access the Services using authorized means, and that it is your responsibility to check to ensure you correctly operate the website or download the correct software for your device.
- People Walker is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Services.
- People Walker reserves the right to terminate these Terms should you be using the Services with an incompatible or unauthorized device.
- Your participation in using the Services is for your sole, personal use.
- You will not use the Services for any fraudulent purposes.
- You will not use the Services to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of the Services.
- You will not try to harm the Services in any way whatsoever.
- You will not copy, or distribute the Services without written permission from The People Walker.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Services.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an access point or 3G, 4G, or LTE data account (AP) which you are authorized to use.
- You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.
- You will not modify or make derivative works based upon the Services.
- You will not create Internet "links" to the Services or "frame" or "mirror" any software on any other server or wireless or Internet-based device.
- You will not (except as permitted by applicable law) reverse engineer or access the Services in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services.
- You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
- You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services.
- You will not send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights.
- You will not send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
- You will not interfere with or disrupt the integrity or performance of the Services or the data contained therein.
- You will not attempt to gain unauthorized access to the Services or its related systems or networks.
- People Walker Registration.
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
- Payment Terms
You understand that use of the Services may result in charges to you for the services you receive from a Walker. After you have received services or goods obtained through your use of the Services, People Walker will facilitate your payment of the applicable charges on behalf of the Walker, as such Walker's limited payment collection agent. Payment of such charges in such manner shall be considered the same as a payment made directly by you to the Walker. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by People Walker. You retain the right to request lower charges from a Walker for services received by you from such Third-Party Provider at the time you receive such services or goods. People Walker will respond accordingly to any request from a Walker to modify charges for a particular service.
Fees and Other Charges:
- Service Fee. People Walker may assess a per-walk “Service Fee” to support the People Walker Platform and related services provided to you by People Walker. The amount of the Service Fee may vary but shall be retained by People Walker in its entirety.
- Cancellation Fees. After booking a walk, a Customer may cancel it through the People Walker Platform, but note that in certain cases a cancellation fee may apply. Customers may also be charged if they fail to show up after requesting a walk.
- Cancellation Fee: You may cancel your appointment up to 24 hours before your walk with no charge. Any cancellations under 24 hours of your appointment will result in a $10.00 cancellation fee.
- No Show Fee: No show fees are charged when your Walker arrived at the meetup spot and waited fifteen (15) minutes or more without you showing up. A No Show will result in a fee equal to the full cost of the booking.
- Tips. Following a walk, you may elect to tip your Walker in cash or through the People Walker Platform, when available. Any tips will be provided entirely to the applicable Walker.
All charges are due immediately and payment will be facilitated by People Walker using the preferred payment method designated in your People Walker account, after which People Walker will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that People Walker may, as the Walker's limited payment collection agent, use a secondary payment method in your account, if available.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or PayPal, Inc.). People Walker may replace its third-party payment processing services without notice to you. Charges shall only be made through the People Walker Platform. With the exception of tips, cash payments are strictly prohibited.
- Credits and Ride Discounts. You may receive credits ("People Walker Credits") or Walk discounts ("Walk Discounts") that you can apply toward payment of certain Charges upon completion of a walk. People Walker Credits and Walk Discounts are only valid for use on the People Walker Platform, and are not transferable or redeemable for cash except as required by law. People Walker Credits and Walk Discounts cannot be combined, and if the cost of your walk exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the walk. Walk Discounts do not apply to the Service Fee or other charges. If you split payment for a walk with another User, your People Walker Credits or Walk Discount will only apply to your portion of the Charges. Additional restrictions on People Walker Credits and Walk Discounts may apply as communicated to you in a relevant promotion.
- Credit Card Authorization. Upon addition of a new payment method or each walk request, People Walker may seek authorization of your selected payment method to verify the payment method, ensure the walk cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
As between you and People Walker, People Walker reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in People Walker's sole discretion. People Walker will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your People Walker account regardless of your awareness of such charges or the amounts thereof. People Walker may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.
This payment structure is intended to fully compensate the Walker for the services provided. People Walker does not designate any portion of your payment as a tip or gratuity to the Walker. Any representation by People Walker to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that People Walker provides any additional amounts, beyond those described above, to the Walker. You understand and agree that, while you are free to provide additional payment as a gratuity to any Walker who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Walker.
- Mobile Communications
The Services include functionality that is available via a mobile device ("Mobile Functionality"). For example, Mobile Functionality allows for communications between Users by phone call and SMS messaging. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain Mobile Functionality may be prohibited or restricted by your carrier, and not all Mobile Functionality may work with all carriers or devices. Certain information about your usage of the Mobile Functionality may be communicated to The People Walker. For example, The People Walker receives call data, including the date and time of the call or SMS message, the parties' phone numbers, and the content of the SMS message, and reserves the right to monitor all such information. Please note, The People Walker reserves the right, but has no obligation, to monitor calls between Users. By providing your mobile phone number, you agree that People Walker may communicate with you using any means of communication including calls placed to your mobile phone using an automated dialing device, calls using pre-recorded messages and/or SMS, MMS, text message regarding your account. In the event you change or deactivate your mobile telephone number, you agree to promptly update your People Walker account information to ensure that your messages are not sent to the person that acquires your old number.
- People Walker Intellectual Property
The People Walker alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by People Walker. The People Walker name, People Walker logo, and the product names associated with the Services are trademarks of People Walker or third parties, and no right or license is granted to use them.
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like People Walker, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report potentially infringing content please contact us. To learn more about the DMCA, click here.
- User Content
For all User Submissions, you hereby grant People Walker a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal People Walker account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant People Walker the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified Users can view (for example, a private message to one or more other Users)(a "Limited Audience User Submission"), then you grant People Walker the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified Users can view (a "Public User Submission"), then you grant People Walker the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all People Walker Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
Finally, you understand and agree that People Walker, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
- Third Party Interactions
During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. People Walker and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. People Walker does not endorse any sites on the Internet that are linked through the Services, and in no event shall People Walker or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and People Walker disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
People Walker may rely on third-party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. People Walker may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold People Walker, its licensors, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with:
- Your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced;
- Your violation of any rights of any third party; or
- Your use or misuse of the Services.
- Disclaimer of Warranties
THE PEOPLE WALKER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. PEOPLE WALKER DOES NOT REPRESENT OR WARRANT THAT:
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PEOPLE WALKER. PEOPLE WALKER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
- THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; OR
- THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Internet Delays
THE PEOPLE WALKER SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WAG IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability
THE PEOPLE WALKER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PEOPLE WALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PEOPLE WALKER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HUMAN SERVICE PROVIDER, EVEN IF THE PEOPLE WALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PEOPLE WALKER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE PEOPLE WALKER’S REASONABLE CONTROL. IN NO EVENT SHALL THE PEOPLE WALKER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The People Walker may give notice by means of a general notice on the Services, electronic mail to your email address on record in People Walker's account information, or by written communication sent by first class mail or pre-paid post to your address on record in The People Walker account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after emailing. You may give notice to People Walker (such notice shall be deemed given when received by People Walker) at any time by any of the following: letter sent by confirmed facsimile to People Walker at the following email: email@example.com.
These Terms may not be assigned by you without the prior written approval of The People Walker but may be assigned without your consent by People Walker to:
Any purported assignment in violation of this section shall be void.
- A parent or subsidiary;
- An acquirer or assets; or
- A successor by merger.
- Terms and Termination of Terms
These Terms are effective upon the use of the Services. You or People Walker may terminate your participation in the Services at any time, for any reason and The People Walker may prohibit your use of the Services at any time in its sole discretion. These terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or The People Walker terminate your participation or access to Services.
These Terms shall be governed by the laws of the state of California, without regard to the choice or conflicts of law provisions of any jurisdiction.
You and The People Walker agree that any legal disputes or claims arising out of or related to the Terms (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of the Terms, or the arbitrarily of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and The People Walker. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. YOU AND THE PEOPLE WALKER AGREE THAT ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PEOPLE WALKER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
No joint venture, partnership, employment, or agency relationship exists between you, the People Walker or any third party provider as a result of these Terms or use of the Services, Website, or Software.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of The People Walker to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The People Walker in writing.
These Terms comprise the entire agreement between you and The People Walker and supersede all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein.