WALK-i-TASK Terms Of Service
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 firstname.lastname@example.org 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
Representations and Warranties
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.
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.
Conditions 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:
- 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.
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.
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.
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.