Welcome to the Sage Walks Website and Application. The following terms and conditions (the “Terms of Use and Service”) govern your access to and use of the Website and App, and any information, text, graphics or other materials appearing on the Website or App (the “Content”) and any features, applications or services provided through the App (the “Services”). PLEASE READ THESE TERMS OF USE AND SERVICE FULLY AND CAREFULLY BEFORE USING THE WEBSITE AND APP.
a. By registering for or using the Services in any manner, including, without limitation, to visiting or browsing the Website and App, you agree to these Terms of Use and Service and all other rules, policies, and procedures (each of which is incorporated by reference) that we may publish from time to time in connection with the Website and App.
b. Some of the Services may be subject to additional terms and conditions specified by us from time to time. Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use and Services by reference.
c. These Terms of Use and Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and all other materials or services, registered or otherwise.
d. These Terms of Use and Service and all other rules, policies, and procedures may be updated from time to time without notice to you. Each time that you access or use the Website or App, Content, or Services, you reaffirm your acceptance of the then-current Terms of Use and Service, rules, policies, and procedures.
a. You must be at least 18 years of age to use this Website, App or the Services.
b. The Services are offered only for your use and not for the use or benefit of any third party.
c. You are solely responsible for ensuring that these Terms of Use and Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Use and Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Access to, use of, and participation in the Services are void where prohibited.
d. We may, in our sole discretion, refuse to offer the Services to any person or entity and change this App’s eligibility criteria for any reason and at any time.
3. Privacy Policy.
Please see our Privacy Policy for information and notices concerning our collection, use, and disclosure of personal information we receive when you visit, use or access the Website, App, Content, or Services.a. All Content downloaded using the Services by users (collectively, “Nature & Forest Therapy Information, User Walks: On-site and Live Stream”) is provided for use only as described in the purchase agreement, and may not be copied or transmitted by any other means..
b. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, licensed agreements, trade secrets, and/or other proprietary rights and laws. You must abide by and maintain all copyright and license notices, information, and restrictions contained in any Content accessed through the Services.
d. We do not guarantee that any Content will be made available on the Website or the App or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.
5. Rules of Conduct. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
a. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, create, download, post, submit or otherwise distribute or facilitate distribution of any Content that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate; i
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives; or
vii. includes anyone’s identification documents or sensitive financial information.
b. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
c. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application of ours or the API), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
d. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
6. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet and other websites services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
7. Copyright Infringement. We respect the intellectual property of others, and we ask our users to do the same. You will not use the App, Content, or Services for any purpose or in any manner that infringes the copyrights of any third party, nor will you upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website, App, Content, or Services any content that infringes the copyrighted works or violates the intellectual property rights of any third party. We reserve the right to, in appropriate circumstances, and at our discretion, terminate your ability to use the Website, the App and/or Services or block users who infringe the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Sage Walk’s policy to respond to notices of any actual or alleged infringement that are reported to Sage Walks and that comply with the DMCA. If you believe that a work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that claim is infringing is located on the App;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please email this correspondence to customerservice@sagewalks.com.
8. Termination. We reserve the right to terminate your access to all or any part of the Services or all of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website or the App. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, what Content you access via the Services, or how you may interpret or use the Content. You release us from all liability that may arise from your acquisition or use of the Content. THE SERVICES AND CONTENT ARE PROVIDED"AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
10. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, any intellectual property, or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case, you will assist and cooperate with us in asserting any available defenses.
11. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00.
12. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Delaware.
13. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or Content) at any time by posting updates and/or changes to the App(or the applicable Services) or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
14. Miscellaneous. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Website and the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. The provisions of these Terms of Service are intended to be severable. If any provision shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
15. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
16. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.