DR. WALKER

Terms and Conditions

These Terms and Conditions are the official terms of use for Denwalker websites, social media accounts, mobile apps and any other internet or digital platforms (collectively, the “Website”). The content and products (“Products”) available on the Website are provided to you by Denwalker.com, and its respective parent companies, subsidiaries, affiliates, and licensors (hereafter, “Denwalker,” “us”, “our”, “we”, “company”) subject to the following Terms and Conditions. By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions and any other policies and terms posted on the Website.

We reserve the right to modify this Privacy Policy at any time without notice. If we decide to change our Privacy Policy, we will post those changes to this Policy and any other places we deem appropriate. By using this Website, you agree to be bound by the Terms and Conditions that are posted on the Website at the time of your access or purchase. That being, said we recommend that you periodically review this page for the latest information on our privacy practices.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on the Web Site or (if applicable) delivering them to you via email.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Web Site, or as otherwise described in the Privacy Policy

If you do not agree to these Terms, you should immediately stop using the Web Site. Any User Content you submitted while using the Web Site will continue to be governed by Section 6 of these Terms.

General Terms and Conditions The Products on this Website are intended for personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame, lease, loan, sell, license, or in any way exploit the content or Products of this Website. You agree to use this Website, its Products and content, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws. Denwalker does not authorize or permit the resale of our Products by unauthorized resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorized officer of Denwalker, may be subject to suspension or termination and restrained from further access to this Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. Denwalker reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law.

Denwalker only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of Virginia and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Denwalker; 4) that Denwalker’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Denwalker was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.

Denwalker only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of Virginia and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Denwalker; 4) that Denwalker’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Denwalker was and is damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.

Product Availability

The availability and descriptions of the Products included on this Website may vary based on location and timing.

User Content

Denwalker welcomes comments and submissions from our Website and Product users. From time to time, you and other users of this Website may have an opportunity to post to this Website your ideas, information, data, text, photographs, graphics, videos, music, sound, messages, and comments, or events, facts, advice, tips, opinions and other material (collectively, the “User Content”).

Your Representations and Warranties

You represent and warrant that: (i) you are above the legal age of majority in your jurisdiction of residence; (ii) you have not previously been either suspended or removed from this Website; (iii) you do not currently, nor will you at any given time in the future, have more than one (1) customer account for this Website; (iv) you will provide us with true, accurate, current and complete information if you register for an account and/or Order; and (v) you have capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party. If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof).

Intellectual Property and Trademark Rights

The materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Web Site (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. All Proprietary Material on the Website is owned or controlled by Denwalker or by third parties that have provided rights thereto to Denwalker. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Denwalker reserve all rights to the Web Site and Content.

Claims Regarding Copyright Infringement

If you are a copyright owner, or an agent thereof, and you believe that any User Content or other content on this Website infringes upon your copyright, you may submit us a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) . You may also submit your notification to us via email at: admin@denwalker.com, with “DMCA Notice” in the subject line. If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the User Content provider, the removed content may be replaced, or access to it may be restored.

Return Policy

Denwalker offers a 90-Day Money Back Warranty on all Products purchased through our Website (NOTE: Items purchased through third party links, such as Amazon.com, are not eligible for the 90-Day Money Back Warranty). This warranty comes into effect on the day your product is purchased and expires (90) days after. You will be responsible for any shipping charges incurred in returning any Product.

DISCLAIMER; Limitation of Liability

WE AND OUR RELATED COMPANIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT SOLD OR ADVERTISED ON THE WEBSITE. THE COMPANY PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.

THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER CONTENT, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.

BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, YOUR BENEFITS OF SECTION.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold Denwalker.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with and assist us in asserting any available defenses. This indemnity survives termination of these Terms and Conditions.

GOVERNING LAW; MISCELLANOUS

We welcome visitors from all parts of the world; however, all visitors acknowledge that this Website, and all content and Products available on and through this Website, are governed by the laws of the United States of America . By using this Website, you agree that the laws of the State of Virginia, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on this Website shall govern your use of this Website, its content and the purchase of any Products. You further agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the James County, State of Virginia, in connection with any such claim or dispute.

If either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Website, its content or the Products, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind denwalker.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Both parties acknowledge that these Terms and Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms and Conditions. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of Denwalker to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.

All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.

No Medical or Personal Advice

This Web Site and its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional medical, financial, legal, or other advice. Denwalker.com make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Acceptance:

To the fullest extent permitted by law, your use of this Website or by ordering any product from Denwalker.com, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.

Additional Assistance:

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:

Contact

Denwalker Product Support

admin@denwalker.com