Terms of Service2018-10-25T23:31:07+00:00

People Walker, Inc. Terms of Service

 

Last Updated: October 25, 2018

These Terms of Service (“Terms”) constitute a legally binding agreement between you and People Walker, Inc. (“The People Walker,” “People Walker,” “we,” “us” or “our”), governing your use of the People Walker website, mobile application, and/or technology platform (collectively, the “People Walker Platform”). The People Walker Platform provides a marketplace where customers (“Customers”) can connect with independent contractors (“Walkers”) who provide walking companion and/or motivational services for a fee (“Services”). Walkers and Customers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the People Walker Platform.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE PEOPLE WALKER MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTIONS 19 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PEOPLE WALKER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A WALKER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 19.

By entering into this agreement, you expressly acknowledge that you understand this agreement (including the dispute resolution and arbitration provisions Section 19) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PEOPLE WALKER PLATFORM.

  1. Your Representations and Warranties.

By using the People Walker Platform, you expressly represent and warrant that (i) you are legally entitled to enter these Terms, (ii) you are at least 18 years old, and (iii) that you have the authority and capacity to enter into and abide by these Terms. If you reside in a jurisdiction which restricts the use of the People Walker Platform because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not access or use the People Walker Platform. Without limiting the foregoing, the Services provided on the People Walker Platform are not available to minors (persons under the age of 18). You also agree and understand that People Walker and Walkers are not acting in any capacity as a healthcare provider, Walkers are not caregivers and Walkers are not trained or licensed to assist those with disabilities or special needs.

  1. License Grant.

The People Walker grants you a non-exclusive, nontransferable, right to use the People Walker Platform, solely for your own personal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by People Walker and its licensors.

  1. Use Restrictions.

By using the People Walker Platform, you agree that:

  • You may not authorize others to use your user status or account, and you may not assign or otherwise transfer your user account to any other person or entity.
  • You agree to comply with all applicable state, federal, and local laws while using the Services and the People Walker Platform.
  • You may only access the Services and People Walker Platform using authorized means, and it is your responsibility to check to ensure you correctly operate the website or download the correct software for your device.
  • People Walker is not liable if you do not have a compatible device or if you have downloaded the wrong version of the People Walker Platform.
  • Your participation in using the People Walker Platform is for your sole, personal use.
  • You will not use the People Walker Platform for any fraudulent purposes.
  • You will not use the People Walker Platform to cause nuisance, annoyance or inconvenience. You will not impair the proper operation of the People Walker Platform.
  • You will not try to harm the People Walker Platform in any way whatsoever.
  • You will not copy, or distribute the People Walker Platform without written permission from The People Walker.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Services and People Walker Platform.
  • You will provide us with whatever proof of identity we may reasonably request.
  • You will only use an internet connection, access point or 3G, 4G, or LTE data account (AP) which you are authorized to use.
  • You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or People Walker Platform in any way.
  • You will not modify or make derivative works based upon the People Walker Platform.
  • You will not “frame” or “mirror” the People Walker Platform on any other server or wireless or Internet-based device.
  • You will not (except as permitted by applicable law) reverse engineer or access the People Walker Platform in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the People Walker Platform, or copy any ideas, features, functions or graphics of the People Walker Platform.
  • You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the People Walker Platform.
  • You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the People Walker Platform.
  • You will not send or store through or on the People Walker Platform, infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights.
  • You will not send or store through or on the People Walker Platform material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs.
  • You will not interfere with or disrupt the integrity or performance of the People Walker Platform or the data contained therein.
  • You will not attempt to gain unauthorized access to the People Walker Platform or its related systems or networks.
  1. People Walker Registration.

In order to fully use the People Walker Platform, you will be required to register a People Walker account. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself. Your registration information is governed by our Privacy Policy. If any of your registration data is inaccurate, incomplete or not current, we may terminate your account immediately. We may reject a registration application in our sole discretion. We have no obligation to disclose the reason for our decision to reject an application. You may not register for the People Walker Platform if you are under 18 years of age.

  1. Privacy.

People Walker takes the privacy of its Users very seriously. For the current People Walker Privacy Policy, please click here https://www.peoplewalker.com/privacy.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the People Walker Platform or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.

  1. Payment Terms.

You understand that use of the People Walker Platform may result in charges to you for the services you receive from a Walker. After you have received services or goods obtained through your use of the People Walker Platform, People Walker will facilitate your payment of the applicable charges on behalf of the Walker, as such Walker’s limited payment collection agent. Payment of such charges in such manner shall be considered the same as a payment made by you directly to the Walker. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by People Walker.

Fees and Other Charges:

  • Service Fee. People Walker may assess a per-walk “Service Fee” to support the People Walker Platform and related services provided to you by People Walker. The amount of the Service Fee may vary but shall be retained by People Walker in its entirety.
  • Cancellation Fees. After booking a walk, a Customer may cancel it through the People Walker Platform, but note that in certain cases a cancellation fee may apply. Customers may also be charged if they fail to show up after requesting a walk.
  • Cancellation Fee: You may cancel your appointment up to 24 hours before your walk with no charge. Any cancellations less than 24 hours prior to your appointment will result in a $10.00 cancellation fee.
  • No Show Fee: No show fees are charged when your Walker arrived at the meetup spot and waited fifteen (15) minutes or more without you showing up. A no show will result in a fee equal to the full cost of the booking.
  • Tips. Following a walk, you may elect to tip your Walker in cash or through the People Walker Platform, when available. Any tips will be provided entirely to the applicable Walker.

All charges are due immediately and payment will be facilitated by People Walker using the preferred payment method designated in your People Walker account, after which People Walker will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that People Walker may, as the Walker’s limited payment collection agent, use a secondary payment method in your account, if available.

  • Facilitation of Charges. All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or PayPal, Inc.). People Walker may replace its third-party payment processing services without notice to you. Charges shall only be made through the People Walker Platform. With the exception of tips, cash payments are strictly prohibited.
  • Credits and Walk Discounts. You may receive credits (“People Walker Credits”) or Walk discounts (“Walk Discounts”) that you can apply toward payment of certain charges upon completion of a walk. People Walker Credits and Walk Discounts are only valid for use on the People Walker Platform, and are not transferable or redeemable for cash except as required by law. People Walker Credits and Walk Discounts cannot be combined, and if the cost of your walk exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the walk. Walk Discounts do not apply to the Service Fee or other charges. If you split payment for a walk with another User, your People Walker Credits or Walk Discount will only apply to your portion of the Charges. Additional restrictions on People Walker Credits and Walk Discounts may apply as communicated to you in a relevant promotion.
  • Credit Card Authorization. Upon addition of a new payment method or each walk request, People Walker may seek authorization of your selected payment method to verify the payment method, ensure the walk cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

As between you and People Walker, People Walker reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the People Walker Platform at any time in People Walker’s sole discretion. People Walker will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your People Walker account regardless of your awareness of such charges or the amounts thereof. People Walker may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the People Walker Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the People Walker Platform or the charges applied to you.

This payment structure is intended to fully compensate the Walker for the services provided. People Walker does not designate any portion of your payment as a tip or gratuity to the Walker. Any representation by People Walker to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that People Walker provides any additional amounts, beyond those described above, to the Walker. You understand and agree that, while you are free to provide additional payment as a gratuity to any Walker who provides you with services obtained through the People Walker Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the People Walker Platform, you will have the opportunity to rate your experience and leave additional feedback about your Walker.

  1. Mobile Communications.

The People Walker Platform includes functionality that is available via a mobile device (“Mobile Functionality”). For example, Mobile Functionality allows for communications between Users in-app messaging. To the extent you access the People Walker Platform through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain Mobile Functionality may be prohibited or restricted by your carrier, and not all Mobile Functionality may work with all carriers or devices. Certain information about your usage of the Mobile Functionality may be communicated to The People Walker. By providing your mobile phone number, you agree that People Walker may communicate with you using any means of communication including calls placed to your mobile phone using an automated dialing device, calls using pre-recorded messages and/or SMS, MMS, text message regarding your account. In the event you change or deactivate your mobile telephone number, you agree to promptly update your People Walker account information to ensure that your messages are not sent to the person that acquires your old number.

  1. People Walker Intellectual Property.

The People Walker alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the People Walker Platform and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the People Walker Platform. Use of the People Walker Platform or the Services available through the People Walker Platform does not convey to you any rights of ownership in or related to the People Walker Platform, or any intellectual property rights owned by People Walker. The People Walker name, People Walker logo, and the product names associated with the People Walker Platform are trademarks of People Walker or third parties, and no right or license is granted to use them.

  1. Copyright.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like People Walker, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report potentially infringing content please contact us. To learn more about the DMCA, click here (http://www.copyright.gov/legislation/dmca.pdf).

  1. User Content.

Anything you post, upload, share, store, or otherwise provide through the People Walker Platform is your “User Submission.” Some User Submissions are viewable by other Users. In order to display your User Submissions on the People Walker Platform, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant People Walker a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the People Walker Platform, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal People Walker account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant People Walker the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the People Walker Platform necessary to do so.

If you share a User Submission only in a manner that only certain specified Users can view (for example, a private message to one or more other Users)(a “Limited Audience User Submission”), then you grant People Walker the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the People Walker Platform necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the People Walker Platform.

If you share a User Submission publicly on the People Walker Platform and/or in a manner that more than just you or certain specified Users can view (a “Public User Submission”), then you grant People Walker the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all People Walker Users and providing the People Walker Platform necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the People Walker Platform for any purpose. Also, you grant all other Users of the People Walker Platform a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the People Walker Platform. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Finally, you understand and agree that People Walker, in performing the required technical steps to provide the People Walker Platform to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

  1. Third Party Interactions.

During your use of the People Walker Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the People Walker Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. People Walker and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. People Walker does not endorse any sites on the Internet that are linked through the People Walker Platform, and in no event shall People Walker or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and People Walker disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

People Walker may rely on third-party advertising and marketing supplied through the People Walker Platform and other mechanisms to subsidize the People Walker Platform. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. People Walker may compile and release information regarding you and your use of the People Walker Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the People Walker Platform.

  1. Indemnification.

By entering into these Terms and using the People Walker Platform, you agree that you shall defend, indemnify and hold People Walker, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with:

  1. Your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced;
  2. Your violation of any rights of any third party;
  3. Your use or misuse of the Services and/or People Walker Platform.
  4. Disclaimer of Warranties.

PEOPLE WALKER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PEOPLE WALKER PLATFORM. PEOPLE WALKER DOES NOT REPRESENT OR WARRANT THAT:

  1. THE USE OF THE PEOPLE WALKER PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA;
  2. THE SERVICES OR PEOPLE WALKER PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  3. ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PEOPLE WALKER PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  5. ERRORS OR DEFECTS IN THE PEOPLE WALKER PLATFORM WILL BE CORRECTED; OR
  6. THE PEOPLE WALKER PLATFORM OR THE SERVER(S) THAT MAKE THE PEOPLE WALKER PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE PEOPLE WALKER PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PEOPLE WALKER. PEOPLE WALKER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE PEOPLE WALKER PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PEOPLE WALKER PLATFORM, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Internet Delays.

THE PEOPLE WALKER PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PEOPLE WALKER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability.

THE PEOPLE WALKER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PEOPLE WALKER PLATFORM, EVEN IF PEOPLE WALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PEOPLE WALKER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PEOPLE WALKER PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PEOPLE WALKER PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HUMAN SERVICE PROVIDER, EVEN IF THE PEOPLE WALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PEOPLE WALKER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE PEOPLE WALKER’S REASONABLE CONTROL. IN NO EVENT SHALL THE PEOPLE WALKER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PEOPLE WALKER PLATFORM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  1. Notice.

People Walker may give notice by means of a general notice on the People Walker Platform, electronic mail to your email address on record in People Walker’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in People Walker account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after emailing. You may give notice to People Walker (such notice shall be deemed given when received by People Walker) at any time by any of the following: letter to People Walker at the following email: support@thepeoplewalker.com.

  1. Assignment.

These Terms may not be assigned by you without the prior written approval of People Walker but may be assigned without your consent by People Walker to:

  1. A parent or subsidiary;
  2. An acquirer or assets; or
  3. A successor by merger.

Any purported assignment in violation of this section shall be void.

  1. Terms and Termination of Terms.

These Terms are effective upon the use of the People Walker Platform. You or People Walker may terminate your participation in the People Walker Platform at any time, for any reason and People Walker may prohibit your use of the People Walker Platform at any time in its sole discretion. These terms and any subsequent modification of these Terms shall remain in effect at all times after you or People Walker terminate your participation or access to the People Walker Platform.

  1. Dispute Resolution And Arbitration Provisions.

These Terms shall be governed by the laws of the state of California, without regard to the choice or conflicts of law provisions of any jurisdiction.

You and People Walker agree that any legal disputes or claims arising out of or related to the Terms (including but not limited to the use of the Services and/or People Walker Platform, or the interpretation, enforceability, revocability, or validity of the Terms, or the arbitrarily of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in Los Angeles, California. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and People Walker. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. YOU AND PEOPLE WALKER AGREE THAT ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PEOPLE WALKER ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

No joint venture, partnership, employment, or agency relationship exists between you, People Walker or any third party provider as a result of these Terms or use of the Services or People Walker Platform.

If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

The failure of People Walker to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by People Walker in writing.

These Terms comprise the entire agreement between you and People Walker and supersede all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein.

  1. Apple Terms.

These Terms apply to your use of the People Walker Platform, including the IOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application.

  1. Both you and People Walker acknowledge that the Terms are concluded between you and People Walker only, and not with Apple, and that Apple is not responsible for the Application or the content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the People Walker Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the People Walker Platform;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that People Walker, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, People Walker, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and People Walker acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  10. Both you and People Walker acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.