WALK-i-TASK Terms Of Service

Acceptance

These terms of use (these “Terms of Use”) for the “WALK-i-TASK” website (the “Site”), constitute a legal agreement and are entered into by and between you (“you”, “your”) and WALK-i-TASK Inc. ("Company," "we," "us," "our"). These Terms of Use govern your access to and use of any content, functionality, and/or services offered on or through the Site including, without limitation, the sale of equipment, components, parts and materials including the WALK-i-TASK™ portable treadmill desk and related components, parts and materials (in any case, “Products”) by us through the Site.

BY USING THE SITE OR BY CLICKING TO ACCEPT THESE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY (AS DEFINED HEREIN) INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.

Terms of Use

These Terms of Use (and any modifications to them) represent the entire agreement between you and us with respect to the Site and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.

We may change, add to or delete any portion of these Terms of Use in our discretion at any time and from time to time. Any amendments will be effective when posted on the Site and your continued use of the Site after amendments are posted will be considered acceptance of any amendment. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information, material and/or products on the Site may be changed, withdrawn, disabled, terminated or discontinued, as the case may be, at any time in our sole discretion without notice. Despite any features that may be available to you on the Site at the time you initially use the Site, we reserve the right to remove, alter and supplement the Site’s features from time to time without notice or liability of any kind. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period. Any Products added to the Site from time to time shall be subject to these Terms of Use.

WARNING

To reduce the risk of injury, read the Owner's Manual in its entirety as well as all safety recommendations related to and accompanying your treadmill. If you have lost or damaged your Owner's Manual, please contact us at info@walkitask.com and we will send you one.

Improper use of the WALK-i-TASK™ desk may cause serious injury or damages. WALK-i-TASK ™ assumes no liability for any personal injury or damage to property that may be sustained by or through the use of the WALK-i-TASK™ desk or the use of the WALK-i-TASK™ desk in conjunction with any other equipment. WALK-i-TASK™ assumes no responsibility for the improper assembly, installation, or misuse of or negligence in using the WALK-i-TASK™ desk. The WALK-i-TASK™ desk is designed for treadmill use only. USE AT YOUR OWN RISK.

Warning: It is the responsibility of the WALK-i-TASK™ desk owner to alert any other users of the WALK-i-TASK™ desk about the warnings, safety precautions and details of the Owner’s Manual and treadmill warnings, and safety precautions before use. ALL USERS OF THE WALK-i-TASK DESK MUST USE AT THEIR OWN RISK.

DO NOT start treadmill until WALK-i-TASK™ is securely attached to your treadmill in accordance with the Owner’s Manual instructions.
DO NOT RUN (recommended speed is less than 1.5mph or 2.4 kms per hour).
DO NOT press down on the top platform to fully collapse the WALK-i-TASK™ desk.
DO NOT sit, stand, rest or lean on the WALK-i-TASK™ desk.
DO NOT apply weight or pressure to the top or bottom platform during setup.
DO NOT exceed WALK-i-TASK™ desk weight limit of 9 lbs.
DO NOT use, consume, or place hot items on or near the WALK-i-TASK™ desk.
DO NOT use sharp tools or objects while using the WALK-i-TASK™ desk.
DO NOT allow children under the age of 13 to use the treadmill with the WALK-i-TASK™ desk installed.
DO NOT set up the desk in any way other than what is outlined in the Owner’s Manual instructions.

Online Store Terms of Sale

Applicable Terms

Our sale of the Products is conditioned on your acceptance of and compliance with these Terms of Use. Any additional or conflicting terms, of any kind or nature, that you provide are not binding on us and are explicitly excluded. Without limiting the generality of the foregoing, our failure to object to any such additional or conflicting terms does not operate as a waiver of the terms contained in these Terms of Use.

Representations and Warranties

In connection with our use of the Site and purchase of the Products, you represent and warrant as follows: (i) if you are a corporation, you are duly incorporated and validly existing in good standing under the laws of the jurisdiction of your incorporation, and you have the corporate power to enter into these Terms of Use and all other documents required by or referred to in these Terms of Use, (ii) these Terms of Use have been duly authorized by all necessary action, corporate or otherwise, on your part and constitutes a legal, valid and binding agreement enforceable against you in accordance with its terms, and (iii) if you are an individual, that you are of legal age to enter into these Terms of Use in the jurisdiction in which you reside, you accept and are bound by these Terms of Use and affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Use.

Products, Pricing & Payment

We reserve the right at any time to modify or discontinue any Product (or modify the description of the Product), in whole or in part, for any reason without liability to you or any third party. Products may only be available in limited quantities and we make no representations, warranties or guarantees that any Product will be available to you for purchase at any time. We have made every effort to display as accurately as possible the colors and images of the Products on the Site; however we make no representations, warranties or guarantees that any Product will appear exactly as shown on the Site.

All prices, discounts and promotions posted on the Site are subject to change without notice. The price charged for the Products will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable.

Terms of payment are within our discretion and, unless otherwise agreed by us in writing, payment must be received in Canadian Dollars before we accept any order. If payment is made by credit card, you represent and warrant that (i) the credit card information you provide to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase of the Products, (iii) charges you incur will be honoured by your credit card company or the bank or other institution that has issued the credit card, and (iv) you will pay any charges incurred, at the posted prices, including shipping and handling charges and all applicable Taxes (as defined below), if any, regardless of the amount quoted on the Site at the time of you order.

Posted prices do not include taxes, excises, fees, duties or other charges required by law to be paid (collectively, “Taxes”) or charges for shipping and handling. All such Taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences without liability to you or any third party.

We reserve the right to refuse any order you place with us for any reason, without liability of any kind to you or any third party, including, without limitation, orders that in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we refuse an order, we may attempt to notify you by e-mail or any other notice information you provide to us, but we will not be liable to you or any third party if we fail to do so.

Transport and Shipment

Products will be shipped by ground transportation, using a carrier chosen by us at our discretion, when such Products are ready for shipment. You are responsible for all shipping costs as set out above and agree to pay any excess transportation charges for special or expedited transportation, if applicable. Shipping times and the prices associated with such shipment will vary depending on the Products you order and the shipment destination. We make no representations, warranties or guarantees with respect to shipment times. Any shipment times displayed on the Site or otherwise communicated to you by our representatives are estimates only.

Termination

We may terminate these Terms of Use and cancel any order you have placed if we believe, in our discretion, that payment for the Products, or the performance or observance of any covenant or obligation in these Terms of Use is impaired.

Force Majeure / Delays

If we are unable to perform, or we suffer a delay in performance, due to any cause beyond our reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, epidemics, pandemics, public health emergencies, communicable disease outbreaks, famine, plague or other natural calamities, inclement or unusually severe weather conditions, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, acts or inaction of government including any legal prohibition on our ability to conduct the its business, including passing of a statute, decree, regulation or order by a relevant governmental or judicial authority prohibiting our from conducting its business, the time of performance will be extended by a period equal to the length of time it takes us overcome the effect of the event. We will endeavor to notify you within a reasonable time after becoming aware of any such event, but we will not be liable to you or any third party if we fail to do so.

Warranties & Returns

Other than the warranties as set out in the Walk-i-Task Owner’s Manual, we make no warranties with respect to the Products and any warranties implied by law are expressly excluded including, without limitation, warranties of merchantability or fitness for a particular purpose, course of dealing, usage of trade and non-infringement. Without limiting the generality of the foregoing, we do not warrant that the Products will meet your expectations, or that any issues or defects with the Products will be corrected. Returns or exchanges can only be made in accordance with our Return Policy (as it may be amended, replaced or otherwise modified from time to time in our discretion) which can found on the Site.

Registration & Use of the Site

In order to use the Site, you may need to create an account with us. Certain functionality relating to the Site or a Product, including the e-commerce functionality relating to the Site and used in connection with the purchase and sale of the Products, either now or in the future, may be provided by a third party. In each case, you acknowledge and agree that (i) such functionality is provided on an “as-is, where-is” basis without warranty, guarantee or representation of any kind, express or implied, (ii) your use of such functionality is subject to any applicable terms and conditions imposed by such third party, (iii) we have no control over the content of such terms and conditions, and (iv) you agree to comply with such terms and conditions in all respects.

By submitting any information in order to create an account, you warrant that the information provided by you for billing purposes is correct, accurate, current and complete and you further covenant to keep such information correct, accurate, current and complete at all times. If any information you provide is in breach of the foregoing warranty, or if we have reasonable grounds to believe that it is, we may terminate or suspend your current or future use of the Site.

The transmission of information via the Internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, if applicable, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided with an access code or other analogous authorization to use the Site, such access code is personal to you and you agree not to provide any other person with access to the Site or portions of it using your access code or username, password, or other security information, as applicable. You agree to notify us immediately of any unauthorized access to or use of your access code or username, password, or other security information, as applicable, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Intellectual Property Rights and Ownership

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company, or its licensors, as applicable, retain all intellectual property rights in the Products and the Company’s works, documents, processes, confidential information, and any design information and/or documents made by (or on behalf of) the Company. Upon receipt of all fees, expenses and Taxes due in respect of the Products, we grant to you a non-transferable, non-exclusive, revocable (in the case of breach), royalty-free license to use the intellectual property in the Products for the sole purpose of your use of the Products and for no other purpose.

The Company name, any Company trademarks or logos and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Site for your personal and non-commercial use. Without limiting the generality of the foregoing, you agree that you will not use the Site on behalf of a dealer, reseller or distributor and you will not purchase any Products with the intention of reselling or distributing such Products. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile or transmit any of the material on our Site, in any form or medium whatsoever except that your computer or mobile phone and browser may temporarily store or cache copies of materials being accessed and viewed.

You are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You shall not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms of Use.

The following content standards apply to any and all content, material, and information you may, at our request or otherwise, submit, post, publish, display, or transmit (collectively, "submit") to the Site (collectively, "User Submissions"). Any and all User Submissions must comply with (i) the Company’s community guidelines, if any, and any other guidelines relating to User Submissions as they may be posted on the Site and amended or modified from time to time, and (ii) all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

In any manner violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website.

Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.

Involve stalking, attempting to exploit or harm (including emotionally harm) any individual in any way whether by exposing them to inappropriate content or otherwise or ask for personal information whether or not prohibited under applicable laws, regulations or code.

Involve, provide or contribute any false, inaccurate or misleading information.

Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

By submitting User Submissions in any form, you automatically grant to the Company, and you represent and warrant that you have the right to grant, a worldwide, exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to do with the User Submissions anything that you could do, including, without restricting the generality of the foregoing, use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize any such User Submissions throughout the world in any media, now known or later developed, in any way and for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, whether in tort, contract or any other theory of law, equity or civil law, and free from any obligation of confidence, and you waive any and all moral rights in the User Submissions.

Without restricting the generality of the foregoing in any way, by using the Site you further agree that you will not attempt to circumvent or violate the security of the Site in any way, including, without limitation, by:

accessing content and data that is not intended for you;

attempting to breach or breaching the security and/or authentication measures of the Site;

restricting, disrupting or disabling service to users, hosts, servers or networks;

illicitly reproducing TCP/IP packet header;

disrupting network services and otherwise disrupting our ability to monitor the Site;

using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or

otherwise attempting to interfere with the proper working of the Site.

Dispute Resolution.

With respect to any dispute, claim or matter regarding this Agreement or the subject matter hereof, the parties hereby consent to the exclusive jurisdiction and venue of the People's court located in Canada and will be governed in accordance by the law of Canada. Each party hereby waives any claims of forum non conveniens and any other claims contesting such jurisdiction or venue.

Privacy

By using the Site, you acknowledge that you have read, understand and agree to the terms of the Company’s Privacy Policy (as it may be amended, supplemented, replaced or otherwise modified from time to time, collectively, the “Privacy Policy”) found on the Site. The Privacy Policy is incorporated by reference into these Terms of Use. By submitting your personal information to us you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in compliance with the Privacy Policy.

Indemnity and Liability

You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Representatives, directly or indirectly, as a result of or in connection with your use of the Site or the Products.

You acknowledge and agree that we provide the Site and access thereto on an “as is” and an “as available” basis, that your use of the Site is at your own risk, and that we make no representations, warranties or covenants whatsoever with respect thereto.

The Site is an aid which relies on telephone, wireless notifications, or internet transmissions that can be intermittently blocked, interrupted, disrupted or corrupted. As a result, there may be and we will not be liable for any delays, omissions, inaccuracies and/or failures to deliver the notification transmissions or any content and you should not rely on the Site for any reason. For greater certainty, we do not guarantee that the Site will be available, run error-free or uninterrupted, that we will correct any errors or deficiencies related thereto or that any messages sent by you will arrive at their intended destination on time.

We, our Representatives, our suppliers, and subcontractors specifically disclaim, to the maximum extent permitted by law, all representations, warranties and covenants, express or implied, statutory or otherwise, with respect to the Site and any content hosted thereon including, without limitation, any warranties of merchantability, satisfactory quality, scalability, fitness for a particular purpose or non-infringement.

Notwithstanding anything in this Agreement to the contrary, and except where prohibited by applicable law, neither we nor our Representatives will be liable, whether based in contract (including fundamental breach), warranty, tort (including negligence), strict liability, indemnity or any other legal or equitable theory, for any loss whatsoever including, without limitation, any type of indirect, special, liquidated, punitive, exemplary, collateral, incidental or consequential damages or for any other loss or cost of a similar type howsoever arising in connection with or arising from your use of the Site or the Products. Without limiting the foregoing in any way, should we or our Representatives be found liable for any loss under these Terms of Use, you acknowledge and agree that our and our Representatives maximum aggregate liability under these Terms of Use under any theory of recovery, shall not exceed the aggregate monies actually received by the Company from you on account of the purchase price for the Products in your order most recently placed prior to the existence of the claim giving rise to such liability or a maximum aggregate amount of $100.00, whichever is less. The limitations of liability in this Agreement represent the agreed and bargained for understanding of the parties. You agree that the exclusions and limitations in this paragraph will prevail over any conflicting terms and conditions in these Terms of Use or otherwise. These limitations of liability are effective even if we, or our Representatives, have been advised, by you a third party, of the possibility of such damages. To the extent your jurisdiction does not allow the exclusion of certain warranties or limitations of or exclusions of liability for incidental and consequential damages, the above limitations may not apply to you.

Termination

We reserve the right to disable or terminate your access to the Site or any portion of it, including your account, any username, password, or other identifier, as applicable, whether chosen by you or provided by us, at our sole discretion for any reason whatsoever, without liability. We reserve the right to disable, terminate or alter the functionality of the Site at any time in our sole discretion.

General

These Terms of Use supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the Site.

These Terms of Use may only be modified by the Company.

Our failure to enforce any provision of these Terms of Use shall not be construed as a waiver of such provision.

These Terms of Use shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to any conflict of law provisions.

Any action or proceeding arising out of or relating to Site and under these Terms of Use will be instituted in the courts of the province of Ontario including the Federal Court of Canada to the extent the same has jurisdiction, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

All content of these Terms of Use that, by its very nature ought to survive termination, shall survive termination of these Terms of Use or your purchase of the Products.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

These Terms of Use shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and assigns. You may not assign your rights or obligations hereunder without our prior written consent. We may assign our rights or obligations hereunder without your consent.