Use of the Application and Application Materials
Customer Account, Password and Security
You agree to notify us immediately at info@RESQWALK.com if you suspect or know of any unauthorized access to or use of your account or password or any other breach of security. We will not be liable for any loss, damages, or injury that you may incur as a result of the unauthorized access or use of your password or account information.
User Submitted Content
From time to time, the Application may allow users to post text, images, audio, video, links to other sites, or other content to the Application. As a consequence, you may see materials on the Application that have been submitted by individuals not affiliated with RESQWALK. Neither RESQWALK nor any of its affiliates endorses these individual users nor is RESQWALK associated with any of the materials that the users may post on this Application or link to from this Application. Neither RESQWALK nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.
You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through the Application (“content”). By submitting, sharing, uploading, posting or displaying the content you give RESQWALK a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, share, upload, post or display on or through the Application. This means that you acknowledge RESQWALK’ unrestricted right to use the content (and materials or ideas similar to the content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means RESQWALK has no obligation to keep your submissions confidential.
You confirm and warrant to RESQWALK that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display content on or through the Application that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant RESQWALK all of the license rights granted in this section.
RESQWALK may, but is under no obligation to, monitor or review content and assumes no responsibility or liability arising from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Application. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the Application, distribute viruses or other harmful content.
Prohibited User Conduct
You warrant and agree that, while using the Application and the various services and features offered on or through the Application, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Application’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Application. You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or use any other automatic means of accessing, logging-in or registering on the Application or for any services or features offered on or through the Application, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Application; (ii) use the Application or the services made available on or through the Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Application or such services; (iii) use the Application or the Application’s services or features in violation of RESQWALK or any third party’s intellectual property or other proprietary or legal rights; or (iv) use the Application or the Application’s services in violation of any applicable law.
No Access by Minors
The Application is not intended to be used or accessed by minors under the age of 13 and we do not knowingly collect information from minors. Do not use our services or access our Application if you are 13 or younger. We also do not encourage use by anyone under the age of 18.
Links to and from the Application
If you link from any other web site to this Application, such link shall open in a new browser window or tab and shall link to the full version of an html formatted page of the Application. You are not permitted to use any linking method whereby the Application content is hosted by us but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this Application e in any manner such that the Application, or any page of the Application, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Application be discontinued, and to revoke your right to link to the Application from any other web site at any time upon written notice to you (including via email).
Geographic Scope of Application
This Application is controlled and operated from within the United States of America. All visitors to this Application are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Application.
Links to Other Websites
For your convenience and enjoyment, you may also access other websites or application via links on the Application. These links and applications do not mean that RESQWALK endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is RESQWALK liable for any damage that might result from your use of such information or products.
Contents of the Application – Disclaimer
The materials in this Application (including any graphics, software, recommendations or other materials) and any materials made available through this Application are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, RESQWALK disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. RESQWALK does not warrant or make any representations regarding the use or the results of the use of the materials in this Application in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Application could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. RESQWALK undertakes no obligation to verify or maintain the currency of such information.
Operation of the Application – Disclaimer
RESQWALK endeavors to maintain this Application and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Application or its operation. As to the operation of the Application, RESQWALK expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. RESQWALK makes no warranty that (i) the operation of the Application will meet the user’s requirements; (ii) access to the Application will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Application will be accurate or reliable; or (iv) defects will be corrected. You (and not RESQWALK) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Application.
Limitation of Liability
Under no circumstances shall RESQWALK be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use the application, or any products purchased from the Application, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Application or information available in the Application. RESQWALK shall not be liable even if RESQWALK or a RESQWALK authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall RESQWALK’ total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Application.
RESQWALK is not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, or failures of third party service providers (including providers of internet services, hosting services and/or telecommunications).
Applicable Law; Jurisdiction
No Legal Effect
Limitation of Actions
No action, regardless of form, arising out of these terms and conditions may be commenced more than one year after the cause of action has occurred, except an action for nonpayment.
Effective October 2015
ResQwalk (“The Application”) is an application owned and operated by RESQWALK LLC, a New York limited liability company (“Company” or “we,” “our” or “us”).
1. What information do we collect?
(a) Information You Provide To Us
Personal Information and Demographic Information. When you log into the Application through email, your Facebook account, or when you link your Twitter account to the Application you provide us with certain categories of information such as: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address and Twitter handle (“Personal Information”); and (2) demographic information, such as gender, age or similar information that you voluntarily make public to everyone on Facebook or Twitter (“Demographic Information”). Whenever we associate Demographic Information with your Personal Information, we will treat it as Personal Information
(b) Information We Collect As You Access And Use The Application
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you interact with the Application (“Usage Information”). This Usage Information may include the type of phone that you are using, the areas within the Application that you visit, the time of day you use the Application, the number of miles you complete using the Application, the organizations for which you participate using the Application, and the types of activities you record using the Application. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Application. In addition, we may collect your IP address or other unique identifier (“Device Identifier”) for your phone or other device used to access the Application (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Application, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
A few of the methods that may be used to collect Usage Information include the following:
Cookies. A cookie is a data file placed on a Device when it is used to visit the Application. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Application may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, to count visitors to the Application, to monitor how users navigate the Application, to count how many e-mails that were sent were actually opened or to count how many particular links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Application, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Application, and is deactivated or deleted thereafter.
(c) Information Third Parties Provide About You
(d) Information You Provide About A Third Party
If you send someone else an electronic communication from the Application, such as sending an invitation to a friend to join the Application, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality in the Application, your name and e-mail address may be included in the communication sent to your friend
2. Who Owns Information Once it is submitted?
3. How do we use the information collected?
Please note that information submitted to the Application via a “contact us” or other similar function may not receive a response.
4. How and when do we disclose information to third parties?
(a) Generally. We will not sell, rent or otherwise share any of your Personal Information to any third party without your express consent in each instance.
We may share non-personally identifiable information, such as Demographic Information, Usage Information and aggregated user statistics, with third parties. To the extent we share any such information with third parties, those third parties shall treat it in accordance with their respective privacy policies.
(b) Third Parties Providing Services On Our Behalf. We may use third party vendors to perform certain services on behalf of the Application, such as hosting the Application, designing and/or operating the Application’s features and tracking analytics. We may provide these vendors with access to user information, including Personal Information, to carry out the services they are performing for you or for us. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Application and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
(c) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Application that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(e) Business Transfer. We may share your information, including your Personal Information, Demographic Information and Usage Information with our subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Application or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
5. What about information I disclose publicly?
6. Does third party content and links to third party sites appear in the application?
The Application may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from the Application are served to your browser. In addition, when you are using the Application you may be directed to other sites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third party sites. For example, if you “click” on a banner, the “click” may take you off the Application onto a different web site. These other web sites may appear in “baby browsers” within the Application and may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Application and to read the privacy statements of all third party web sites before submitting any Personal Information to those sites.
7. Are there third party ads served on the Application?
8. How do I change my information and communication preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. You can make any necessary changes to this information through your Facebook account.
9. What about consent to transfer information to the United States?
The Application is operated in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Application or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
10. What should parents know about children?
The Application is a general audience application and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us, please contact us at www.RESQWALK.com and click the contact link.
11. What about security?
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. We maintain physical, electronic and managerial practices and procedures designed to ensure the security, integrity and confidentiality of customer information. We limit and restrict access to Personal Information only to those employees who need it to carry out their business functions. We also educate our employees about safeguarding Personal Information and preventing its unauthorized access, disclosure or use. Our employees with access to Personal Information are also bound to adhere to this policy. We will monitor and adopt, as appropriate, new technological improvements that are designed to aid in ensuring the accuracy and security of customer information.
However, no transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Application and provide us with your information at your own risk.
Thank you for reading all of this. If you have any questions, please do not hesitate to contact us at www.RESQWALK.com and click the contact link. We hope you enjoy using the Application!