Terms of Service and Privacy Policy for Juan LaPerla, LLC Websites
Juan LaPerla, LLC. d/b/a Walk4MeWednesdays.com and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually referenced herein as "Walk4MeWednesdays.com") encourages and promotes the Walk4MeWednesdays.com website (the "Service") as an environment that fosters interaction and participation among its members ("Members"). Members should thus feel free to express themselves. However, Members should keep comments and contributions within the community values of the Service and must comply with applicable laws and these terms of service (the "Terms of Service").
The Service is provided by Walk4MeWednesdays.com to you ("you" or "Member"), subject to the Terms of Service, and other terms and conditions that may be published by Walk4MeWednesdays.com from time to time on the Service. Walk4MeWednesdays.com may change, suspend or discontinue the Service, at any time without prior notice to its Members. Walk4MeWednesdays.com may also impose limits on certain features or services contained in the Service without prior notice.
MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY BE BANNED PERMANENTLY FROM USING THE SERVICE.
Please read the Terms of Service carefully. By using the Service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Service. Walk4MeWednesdays.com reserves the right to change, modify, add or remove portions of the Terms of Service at any time, in its sole discretion. If you continue to use the Service after Walk4MeWednesdays.com has posted changes to the Terms of Service, it means you have accepted those changed terms.
Conduct and Content
Software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service by Members may not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members, and must comply with Walk4MeWednesdays.com's Netiquette Rules.
By transmitting, posting, linking or uploading Content to any part of the Service, you represent and warrant that neither your content nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.
You hereby grant to Walk4MeWednesdays.com a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
You acknowledge that by providing you with the ability to distribute your Content, the Service is acting as a passive conduit for such distribution and Walk4MeWednesdays.com is not undertaking any obligation or liability relating to any Content or activities of its Members. Walk4MeWednesdays.com cannot prevent Members from placing prohibited content on the Service. Furthermore, Walk4MeWednesdays.com may elect at its sole discretion to monitor some, all, or no areas of the Service for adherence to these terms of service or other terms and conditions that may be published by Walk4MeWednesdays.com from time to time. Upon notification of inappropriate material, Walk4MeWednesdays.com reserves the right, but not the responsibility to remove the Content from the Service. Walk4MeWednesdays.com further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content posted by you to the Service. Walk4MeWednesdays.com does pre-screen Content as a matter of policy, but Walk4MeWednesdays.com reserves the right, but not the responsibility, to remove Content which is deemed in Walk4MeWednesdays.com's sole discretion harmful, offensive, inaccurate or otherwise in violation of the Terms of Service or any rules or policies which Walk4MeWednesdays.com has in place at the time.
General
These Terms of Service constitute the entire understanding of you and Walk4MeWednesdays.com with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Walk4MeWednesdays.com.
The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and Walk4MeWednesdays.com as reflected in the original provision.
Any delay or failure on the part of Walk4MeWednesdays.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
You indemnify and hold harmless Walk4MeWednesdays.com, and the officers, directors, employees, partners, principals, agents, contracted service vendors, advisers and representatives of Walk4MeWednesdays.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Service.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. You and Walk4MeWednesdays.com consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County for resolution of any and all disputes arising out of or related to the Terms of Service.
Limitation of Liability
To the full extent permissible under the applicable law, Walk4MeWednesdays.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Service.
In no event shall Walk4MeWednesdays.com have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, Walk4MeWednesdays.com's liability is limited to the greatest extent permitted by law.
The Service contains links to third-party World Wide Web sites and other resources. Walk4MeWednesdays.com assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a member may have regarding any other site should be directed to the relevant site administrator or Webmaster.
The information, advice, facts, opinions or other content appearing on the Service posted by Members or third parties are those of the respective authors and do not reflect the views of Walk4MeWednesdays.com.
Walk4MeWednesdays.com assumes no responsibility or liability for these materials.
Disclaimer of Warranties
Everything on the Service is provided to you "AS IS" and "AS AVAILABLE." Walk4MeWednesdays.com does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Service, any products, merchandise, information or services provided through or advertised on the Service, or the accuracy or results obtained from the use of any products, merchandise, or information or services provided through or advertised on the Service. Walk4MeWednesdays.com does not guarantee or warrant that any files available for downloading through the Service will be free of infection by viruses or other code that may contain contaminating or destructive properties.
Links to Third Party Sites
Any third-party sites to which the Service may link are not under Walk4MeWednesdays.com's control, and Walk4MeWednesdays.com does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Walk4MeWednesdays.com does not intend links contained on the Service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
Privacy
Juan LaPerla, LLC. ("Walk4MeWednesdays.com") believes that communities can only truly be built through interaction and participation among community Members based on trust, privacy and freedom of expression.
Information Collection
Whether you enroll online or are just a visitor, we are very careful with what we do with your information. Collection of information is usually grouped into two categories: personally identifiable information (PII), which is information identifiable to a specific member, and aggregate information, which is general demographic information that does not identify any individual member. Walk4MeWednesdays.com may use or disclose aggregate information for any purpose.
Walk4MeWednesdays.com collects personally identifiable information (PII) from our users at several different points on our Web site. PII includes your name, email address, home or other address (like the school you attend), or any other information that tells another person who you are.
Registration
In order to use certain services of this Web site, you must first complete the registration form and create a user name and password. During registration you are required to provide contact information (such as name and valid email address). We use this information to contact you about the services on our site in which you have expressed interest.
You must submit certain demographic information (e.g. gender, date of birth) to us; other demographic information is optional. We encourage you to submit optional information so we can provide you a more personalized experience on our site:
Walk4MeWednesdays.com may also use your profile to generate aggregate reports and market research.
Members can modify registration data associated with their account, and can control selected private information from being disclosed on their personal page.
Notes and online chat communications are retained and are only accessible by the designated recipients, except that Walk4MeWednesdays.com personnel involved in maintenance of the system may have access to them.
If you have an Walk4MeWednesdays.com email address, this service is provided by Everyone.net. For further information on their data use policies please click here
Walk4MeWednesdays.com is the sole owner of the information collected on Walk4MeWednesdays.com.
How we use our members' personal information
Our policy regarding this information is simple: Walk4MeWednesdays.com may use personally identifiable information to deliver more relevant marketing offers to you through email or on our site. You can sign up or unsubscribe from offers that use your personally identifiable information on our registration page or on your account settings.
We may share your personal information with other third parties for purposes of providing you with more targeted offers and promotions, unless you have opted out of receiving third party offers. Out of respect for your privacy, we present the option not to receive these types of communications and offers. Please see the "Choice and Opt-out" section.
Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).
We use may use a third party service provider to conduct these surveys or contests; those companies are prohibited from using our users' personally identifiable information for any other purpose.
Tell-A-Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site.
Walk4MeWednesdays.com stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may email us to request that we remove this information from our database at: cs@walk4mewednesdays.com.
Account Alerts
If you wish to subscribe to our account alerts(s), we will use your name and email address to send alerts to you. Account alerts notify you of changes to your accounts, such as receipt of new notes, payment confirmations. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section.
Service-related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Customer Service
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.
Profile
We store information that we collect through cookies, log files, clear gifs to create a "profile" of your preferences. We tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you.
Information Sharing and Disclosure
One last thing to keep in mind: Whenever you voluntarily disclose personal information on forums, through email, or in chat areas, that information can be collected and used by others. If you post personal information in public places, others may send you unsolicited email messages. Always be smart about the information you provide online.
Always be smart about the information you provide online.
Your Member profile is password-protected so that you and only you have access to this information. In order to maintain this protection, do not give your password to anyone. Also, we recommend that, if you share your computer with other people, you sign out of your Account and close your browser window when you are done. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library.
We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site
Choice/Opt-out
We provide you the opportunity to "opt-out" of having your personally identifiable information used to deliver more relevant marketing offers to you through email or on our site.
Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to personally identifiable information you submit while on our site.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We set a persistent cookie to track and target the interests of our users to enhance the experience on our site. Both session ID and persistent cookies are encrypted to protect them from being used for any purpose except that described here.
If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
This privacy statement covers the use of cookies by Walk4MeWednesdays.com only and does not cover the use of cookies by any advertisers, third party content or service providers. We have no access to or control over these cookies.
Links to Other Sites
This Web site contains links to other sites that are not owned or controlled by Walk4MeWednesdays.com. Please be aware that we, Walk4MeWednesdays.com, are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
Bulletin Boards/Chat Rooms
If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our member information page or by contacting us by telephone or postal mail at the contact information listed below.
Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Business Transitions
In the event Walk4MeWednesdays.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.
Changes in this Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
Age Restriction
The Service of Juan LaPerla, LLC.'s websites is not directed to children under the age of 14. Juan LaPerla, LLC has always used reasonable commercial efforts to adhere to the Children's Online Privacy Protection Act ("COPPA") which prohibits the collection of personal information online from children under the age of 13 without first obtaining verifiable parental consent. In fact, since April 2006, the Service of Juan LaPerla, LLC.'s websites prohibits registration by, and Juan LaPerla, LLC.'s websites will not knowingly collect personally identifiable information from, anyone under the age of 14. Use of, and Membership in, the Service of Juan LaPerla, LLC.'s websites is void where prohibited by law. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will continue to maintain the accuracy of such information; (c) you are 14 years of age or older; and, (d) your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
Note to Parents: If you have any concerns about the Service of any website of Juan LaPerla, LLC. or its related services, or if you wish to find out if your child is a member of one of our services, or if you wish to cancel your child's membership, please contact Member Services at Member Services.
Fees and Cost
You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Service, including costs incurred in connecting to the Service via the Internet. Walk4MeWednesdays.com reserves the right, at any time, to charge fees for access to the Service, and will notify you of any such fees by posting information regarding such fees on the Service.
Netiquette
You are entirely responsible and liable for all of your activities on Walk4MeWednesdays.com. Listed below are some, but not all, violations that may result in termination of your access to Walk4MeWednesdays.com. By using Walk4MeWednesdays.com, you agree NOT to do any of the following:
Post, transmit, promote, or distribute content that is illegal, that encourages illegal activity, or that infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party.
Transmit or facilitate distribution of content that is libelous, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, defamatory, or objectionable in a reasonable person's view.
Pretend to be anyone whom you are not. You may not impersonate another member, a Juan LaPerla, LLC staff member, or anyone else.
Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
Pornography, obscenities, and defamatory postings are not allowed anywhere on Walk4MeWednesdays.com. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please Alert Us immediately.
Postings which violate the intellectual property rights of third parties are not allowed anywhere on Walk4MeWednesdays.com. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any content which you believe infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party, please Alert Us immediately by emailing copyright@walk4mewednesdays.com.
In the Forums area, please try to keep your postings relevant to the discussion. Postings that are irrelevant to Forum discussions, or that are designed to promote personal pages, voting polls, or third parties may be removed. If you see postings that contain foul language or that are intended to harass other Members, please Alert Us immediately.
Intentional disruption of the flow of content or discussion by repeatedly posting the same message or image or posting excessively large images is not permitted. Members who cause disruption of this kind will be issued a violation that can result in the termination of their account. If you see another Member disrupting a chat room or forum discussion, please Alert Us immediately.
Harassment of another Walk4MeWednesdays.com member via Notes, Email, Pages, or postings is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other Members, please respect their wishes if they do not want you to send them mail. If you feel that another Member is harassing you, please Alert Us by filling out a member violation report.
We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.
We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material posted by Members that you may encounter while using the Service.
