1. WalkTheLot.com's Service Agreement is intended to protect both the integrity and liability of WalkTheLot.com and you the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
2. The terms and conditions of this agreement and any rules and prices published on WalkTheLot.com's Web Site (http://www.walkthelot.com) constitute the entire and only agreement (collectively, the "Service Agreement") between WalkTheLot.com (the "Service") and the Customer (hereby defined as one who has an account with WalkTheLot.com for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.
3. WalkTheLot.com reserves the right to modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without prior notice.
4. Customer agrees to indemnify WalkTheLot.com against any liability for any and all use of Customer's account, including any claims made by Customer's web site visitors, Customer's customers or Customer's potential customers. Furthermore, Customer agrees to indemnify and hold WalkTheLot.com harmless from any claims and expenses, including reasonable attorney's fees, related to Customer's violation of the Service Agreement or Customer's direct or indirect damage to another party.
5. Customer is responsible for and must provide all telephone, network, computer, internet access, software and other equipment and services necessary to maintain customer's account via Service.
6. Customer agrees that he/she is at least 18 years of age. If a minor (a person under the age of 18) obtains an account through WalkTheLot.com without parental approval, this agreement does not become void.
7. CUSTOMER EXPRESSLY AGREES THAT USE OF WALKTHELOT.COM'S SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER WALKTHELOT.COM NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WALKTHELOT.COM OR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER WALKTHELOT.COM NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
8. This Service Agreement is made in the State of Florida, and shall be governed by and construed in accordance with the laws of the United States of America, the State of Florida and St. Johns County. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within six (6) months after the claim or cause of action has arisen or be barred.
Appropriate Use Policies
9. WalkTheLot.com's Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of United States or Florida State regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. WalkTheLot.com reserves the right to remove such illegal material from it's servers immediately. WalkTheLot.com expressly forbids anyone from using WalkTheLot.com's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which WalkTheLot.com deems to be objectionable. The designation of any materials as such described is left entirely to the discretion of WalkTheLot.com
10. Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.
11. WalkTheLot.com strictly prohibits unsolicited e-mail which points to any site which includes any mention of WalkTheLot.com or any inclusion of WalkTheLot.com content or service modules on it (whether the link referenced either directly or indirectly arrives at WalkTheLot.com or on Customer's web site or domain). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail.
12. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header.
13. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
14. Use of illegal or copyright material on any Web page or other distribution mechanism used in conjunction with the Customer's account, will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under United States local, state or federal laws.
Any use of WalkTheLot.com's systems that disrupts the normal use of the system for other WalkTheLot.com customers is considered to be abuse of WalkTheLot.com services and is grounds for termination of this Service Agreement. Some examples of abuse include (not limited to) spawning dozens of processes, consuming large amounts of memory or CPU cycles for long periods of time, attempting to access other Customers' account areas, or conducting provocative activities such as mass e-mailings (spam) which may result in retaliatory actions against WalkTheLot.com's systems.
15. Depending upon the nature and severity of any abuses, the Customer may receive an e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.
16. If, in WalkTheLot.com's sole discretion, the nature and severity of any abuses is severe enough, WalkTheLot.com may terminate the Service Agreement immediately without written notification prior to termination. This may also be subject to a reconnection fee, however WalkTheLot.com reserves the right to deny all future access upon termination.
17. Violation of any of WalkTheLot.com's rules and regulations could result in a warning, suspension, or possible account termination Upon such termination Customer agrees to forfeit any fees paid, without refund.
18. WalkTheLot.com reserves the right to suspend or cancel a Customer's (hereby defined as one who has an account with WalkTheLot.com) access to any or all services provided by WalkTheLot.com when WalkTheLot.com decides that the account has been inappropriately used.
Payment Policy
19. Customers located outside of the United States or Canada must use a system of payment issued within the United States.
20. Monthly service fees are invoiced via email on the 1st day of each month with payment due within 15 days or invoicing. WalkTheLot.com reserves the right to freeze, remove, delete, place a hold on, make unavailable, or cancel any account that has a past due balance. Additionally, in some cases, pro-rated invoices are generated at various time for services ordered (whether for general account service or for additional services or products purchased by Customer) within the month. Pro-rated invoices and fees are held to the same terms and conditions as monthly service fees mentioned above. The Customer is responsible for all money owed on the account from the date it was established to the date it is terminated.
21. Requests for cancellation (termination of service) must be submitted through the Customer's account management screen provided by WalkTheLot.com, no other system of cancellation will be accepted. The date of cancellation request will NOT be used as date of cancellation. All Customer account cancellation requests are processed on the 1st day of the upcoming month. Customer agrees that fees for services provided are billed in advance on the 1st day of the month for that months service and in the case of cancellation requests, the Customer's account remains active without refund for any service during the given month, until the 1st day of the upcoming month, at which time, the cancellation request will be processed and customer will receive no additional billing from Service.
22. Customer shall pay the monthly fee, and any charge for additional services under the terms of this Service Agreement, within fifteen (15) days of invoice. Invoices will be sent to the Customer via e-mail. Customer may not withhold or "setoff" any amounts due hereunder. WalkTheLot.com retains the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to any costs of collection (including but not limited to legal fees).
23. Accounts which are delinquent will be placed on "Frozen" status and may not be used or accessed. Any account that is delinquent for thirty (30) days or more will be marked as "Closed" at WalkTheLot.com's discretion, and have all files purged from all WalkTheLot.com servers. Customer's account will continue to accrue charges while on "Frozen" status.
24. Any Customer whose services are terminated or suspended may be asked to pay a reconnection fee to restart the account. Reconnection fee for frozen accounts is $25.00. Reconnection fee for accounts that have been closed is $50.00.
25. For payment via Credit Card, accounts will be automatically billed on a monthly basis to the card number on file unless notified otherwise. E-mail notification of payment will be sent to the Customer via e-mail on the payment date. All credit card payments will be billed on the date due, the e-mail notification is solely a courtesy e-mail. In the event that a credit card does not clear with the Customer or cardholder's bank, the Customer will be notified via e-mail. Past due accounts that are not brought current within 15 days of e-mail notice are subject to suspension or possible account termination.
26. Checks returned unpaid (NSF) will be accessed a $20.00 service charge. Past due accounts that are not brought current within 15 days of the e-mail notice are subject to suspension and possible account termination.
27. There will be a $20.00 processing fee for each returned check.
28. There will be a $50.00 processing fee for all illegitimate credit card charge backs.
29. ALL PAYMENTS MUST BE IN US CURRENCY.
30. Legal notices sent to either party shall be effective when delivered by mail, transmitted by ("fax") machine, one (1) day after being sent by overnight mail or "fax," or two (2) days after being sent by first class mail postage prepaid to the address shown. This information is subject to change without prior notification.
WalkTheLot.com, Inc.
807 E. Red House Branch Rd.
Saint Augustine, FL 32084FAX: (904) 600-5071
Cancellation
31. WalkTheLot.com reserves the right to cancel service at any time for any reason. All fee paid in advance of cancellation will be pro-rated and paid by WalkTheLot.com if WalkTheLot.com institutes it's right of cancellation. If cancellation is caused by customers violation of these policies, then no refund will be disbursed.
32. All account cancellation requests are cancelled at the end of the current month unless otherwise authorized by WalkTheLot.com via email, mail, or fax..
33. Refunds made by WalkTheLot.com for all payment systems (including Credit Card, Check, Money-Order, and Bank Transfer payments) will be fulfilled via check within 30 days. WalkTheLot.com will recognize no other systems of reimbursement and reserves the right to do so.
Service Disclaimer
35. WalkTheLot.com acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a confidential and proprietary nature. WalkTheLot.com agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by WalkTheLot.com to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of such information or any part thereof is hereby transferred to WalkTheLot.com
35. Any customer lists and/or other information concerning the Customer's clients are the sole and exclusive property of the Customer. WalkTheLot.com shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the clients or prospective clients of the Customer with respect to any of the services, products, trade secrets or other matters of the Customer. In addition to maintaining confidentiality of all matters as imposed herein above, WalkTheLot.com agrees to keep in the strictest of confidence any information acquired by WalkTheLot.com during the course of its dealings with the Customer about any of the Customer's clients, including but not limited to contents of related databases, and credit information.
36. Nothing contained herein shall be construed to place the parties (Customer and WalkTheLot.com) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever.
37. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.
38. Customer support issues are to be addressed using our online form at Contact.asp. Customers who publish comments, opinions or other information on Internet sites or elsewhere with or without cause that is, in WalkTheLot.com's opinion, negative or derogatory in nature are subject to immediate cancellation without refund in addition to other remedies available under law and otherwise for defamation and consequential damages.
39. Each party (Customer and WalkTheLot.com) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all federal, state and local laws governing this transaction.
40. WalkTheLot.com is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on WalkTheLot.com servers. WalkTheLot.com's tape back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as Customer's sole source of backup protection.
41. WalkTheLot.com is not responsible for any damages your business may suffer. WalkTheLot.com makes no warranties of any kind, expressed or implied for services we provide. WalkTheLot.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WalkTheLot.com and it's employees. WalkTheLot.com reserves the right to revise it's Service Agreement at any time without prior notification.
42. Reserved Territories: Other than the reserved territories below, WalkTheLot.com, Inc. does not reserve territories for our service company clients. All clients/potential clients are free to use our products and services to do business in any territory (other than those listed below) that they wish that is allowed by law. The following territories ARE reserved: 1) Raleigh, NC. 2) Phoenix, AZ. 3) The state of Connecticut. By agreement, we will not allow any other dealership service company to use our WalkTheLot.com web-based product to service any dealerships within a 50 miles radius of territory 1 or 2, nor the state of Connecticut. In the event that a dealership service company creates a WalkTheLot.com account for a dealership within one of these territories, we reserve the right to immediately and without notice turn off and/or delete that dealership account from our WalkTheLot.com system.