Updated as of May 8, 2023
By using the Sites or Services, you agree to these Terms. These Terms form a contract between you and us, and if you are using the Sites or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.
- Changes to these Terms
From time to time, we may decide to modify, add, or delete portions of these Terms and will post those changes here with an updated date at the top. If we do so, your continued use of the Sites or Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. We further reserve the right to suspend or terminate the Services for any reason or at any time.
- Additional Terms and Conditions
In connection with your use of the Sites or Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Sites or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Sites or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.
- Consent to Electronic Communications
By using the Sites or Services, you agree that we may communicate with you electronically regarding your use of the Sites or Services and that any notices, agreements, disclosures or other communications that Walker Advertising sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].
- Third Party Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Sites, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
- Prohibited Conduct
You may not access or use, or attempt to access or use, the Sites or Services to take any action that could harm us or any third party, interfere with the operation of the Sites or Services, or in a manner that violates any law(s). For example, and without limitation, you may not:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites or Services;
- Collect or store personal data about other users of the Sites or Services or solicit personal information from any individual without proper rights or the consent of the individual;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or any activity conducted on the Sites or Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Company’s or its users’ computers or systems;
- Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
- Violate, or encourage any conduct that would violate, any applicable law or regulation;
- Engage in fraud or misuse of the Services;
- Cause damage, embarrassment or adverse publicity to Company; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.
Violating the security of the Sites or Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. We may suspend or terminate your access to the Sites or Services for any or no reason at any time without notice.
Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
- Use of Account; Risk of Loss
Walker Advertising reserves the right to refuse service, cancel product or service orders, or remove or edit content, in its sole discretion. If you use an account created on one of our Company Sites, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Sites or Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Sites or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Sites by any means other than through a commercially available web browser. You are not permitted to upload material onto the Sites that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Sites, or Company systems and equipment. You may not use the Sites or Services in a manner that could block access to, impair, damage or otherwise disable Walker Advertising, the Sites, or any of our servers. You may not attempt to gain unauthorized access to the Sites or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state, and international laws.
- Submitted Materials
Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Walker Advertising should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, our Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Sites (including via contact email or forms made available on the Sites). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant Walker Advertising a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send us any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that you entirely own the Submitted Material. You further warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Walker Advertising to use Submitted Material as permitted by the license in this Section.
In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Sites or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
You agree not to provide Submitted Material that:
- Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
- Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
- Violates a third party’s right to privacy or publicity;
- Degrades others based on gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
- Contains epithets or other language or material intended to intimidate or incite violence;
- Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
- Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
- Violates any applicable local, state, national or international law, or advocates illegal activity.
Since Walker Advertising does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Walker Advertising be liable in any way for Submitted Material made available through the Sites or social media by you or any third party.
- Intellectual Property
The Sites contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Sites, Walker Advertising or its third-party licensors own all Content on the Sites including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Walker Advertising.
Your use of the Sites shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the relevant Site unless and until Walker Advertising gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the Walker Advertising name and logo or any of the trademarks of the Sites, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Sites. The use of Content from the Sites on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Walker Advertising’s prior written approval.
For permission to use Content from the Sites or from marketing material authored and distributed by Walker Advertising, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].
- Claims of Infringement
Walker Advertising respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Walker Advertising will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Walker Advertising will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Walker Advertising Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Walker Advertising Designated Copyright Agent:
20101 Hamilton Ave, Suite 375
Torrance, CA 90502
While Walker Advertising considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
You agree to defend, indemnify, and hold harmless Walker Advertising, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Sites or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Sites, or any other use of the Sites or Services using your computer, mobile device, or account credentials.
- Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WALKER ADVERTISING (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT IMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF WALKER ADVERTISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WALKER ADVERTISING’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, WALKER ADVERTISING’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WALKER ADVERTISING DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISIFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
If you have a dispute with us or one or more users of the Sites or Services, you release Walker Advertising (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Walker Advertising reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Sites or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Sites. Walker Advertising also reserves the right, in its sole discretion, to cease providing the Sites or Services at any time.
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
- Applicable Law
These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Sites, you waive any claims that may arise under the laws of other countries or territories.
- Dispute Resolution; Class Action and Jury Trial Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Walker Advertising will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that Walker Advertising is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Walker Advertising understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Walker Advertising may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and Walker Advertising. Walker Advertising does not guarantee continuous, uninterrupted or secure access to this Site or Services, and operation of the Sites may be interfered with by numerous factors outside of its control. Walker Advertising’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and Walker Advertising with respect to the subject matter hereof. Sections 7 (Prohibited Conduct); 8 (Security); 9 (Use of Account; Risk of Loss); 10 (Submitted Materials); 11 (Intellectual Property); 13 (Indemnification); 14 (Disclaimers); 15 (Limitation of Liabilities); 16 (Release); 18 (Severability); 19 (Applicable Law; Jurisdiction); 20 (Dispute Resolution; Class Action and Jury Trial Waiver) and 21 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.
- ADA Compliance Notice
We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement, along with information regarding the browser and device you are using to access our Site. We take all feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies.
- Contact Us
If you have questions about these Terms or the Services, you may contact us as follows:
20101 Hamilton Ave, Suite 375
Torrance, CA 90502
Email: [email protected]