Terms and Conditions
Last Updated: April 23, 2019
These Terms and Conditions explain how users access https://scottwalker.com/, a website operated by WALKER GROUP, LLC. (“We”, “Us”, or “Our”) and interact with our web sites, mobile applications, and other social media applications. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with WALKER GROUP, LLC for products, services or otherwise.
READ THE TERMS AND CONDITIONS CAREFULLY AND IN FULL BEFORE USING THIS WEBSITE. BY ACCESSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL THE TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT ACCESS, USE, OR ATTEMPT TO INTERACT WITH ANY PART OF THIS WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES, MODIFICATIONS, AND ADDITIONS TO THIS AGREEMENT, WITH OR WITHOUT NOTICE TO YOU. CONTINUED USE OF THE SITES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, AND ADDITIONS. CHANGES, MODIFICATIONS, AND ADDITIONS ARE EFFECTIVE IMMEDIATELY UPON BEING POSTED ON THE SITES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, DO NOT USE, ACCESS, OR ATTEMPT TO INTERACT WITH ANY PART OF THE WEBSITE.
Please submit all questions and comments to [email protected]
Copyright and Limited License
All content and other materials on the Sites is, unless otherwise indicated, the property of WALKER GROUP, LLC or its licensors or its users and protected by applicable copyright laws. This includes, but is not limited to, logos, designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files, and the selection and arrangement thereof.
You are granted a personal, royalty-free, non-exclusive, non-transferable, non-assignable limited license to access and use the Sites for your non-commercial and personal use only during the term of this agreement. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Sites’ Materials other than for its intended purpose.
Except for content you have posted, you may not in any way exploit any part of the Sites without express and written permission from us.
Failure to comply with the aforementioned provisions, without written consent from WALKER GROUP, LLC, is prohibited and will result in termination of your license as described herein. Nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time, without notice to you, at our discretion.
You agree that you shall not infringe on copyrighted works of WALKER GROUP, LLC
If you are determined to be a repeat infringer, your access to the Sites may be terminated, in the sole discretion of WALKER GROUP, LLC in accordance with the Digital Millennium Copyright Act. A user may have their access to the Sites terminated or limited for any infringement on the intellectual property rights of others, even if they are not a repeat infringer.
If you believe that your copyrighted work has been infringed upon please contact [email protected] When contacting WALKER GROUP, LLC, please provide (1) identification of the copyrighted work, (2) identification of the alleged infringed material on the Sites, (3) your name, address, phone number, and email, (4) a statement that you have a good-faith belief that use of the copyrighted work is not authorized by the copyright owner, agent, or the law, (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of a copyright and to submit the statement.
Copyright and trademark laws protect the Sites and the trademarks therein. Nothing in the Terms and Conditions gives you the right to use the WALKER GROUP, LLC name, logo, or any other WALKER GROUP, LLC names, logos, trademarks, domain names, or other distinctive features (including, but not limited to icons and custom graphics.) You may not use any metatags or any other “hidden text” utilizing WALKER GROUP, LLC or any other name, trademark or product or service name of WALKER GROUP, LLC without our prior written permission. If you do wish to use such trademarks, you may make a request to [email protected] Only by the written and express consent of WALKER GROUP, LLC may you use any such trademark.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You may not use a WALKER GROUP, LLC logo or other proprietary graphic of WALKER GROUP, LLC to link to these Sites without the express written permission of WALKER GROUP, LLC Further, you may not use, frame or utilize framing techniques to enclose any WALKER GROUP, LLC trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WALKER GROUP, LLC or any third party.
WALKER GROUP, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of WALKER GROUP, LLC and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by WALKER GROUP, LLC of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
Third Party Content
WALKER GROUP, LLC reserves the right to post Third Party information and other content on the Sites. WALKER GROUP, LLC does not endorse, monitor, review, or insure the accuracy of such Third Party content. Any and all dealings, correspondence, or other interactions you have with such third parties and any terms and conditions imposed by that third party are solely between you and the third party. By leaving the Sites and accessing Third Party content, you do so at your own risk. WALKER GROUP, LLC is under no obligation and is not liable for your interaction with such Third Party sites.
You are permitted to submit posts, submissions, emails, and other communications (submissions) to WALKER GROUP, LLC through the Sites. WALKER GROUP, LLC does not endorse any opinion, idea, recommendation, suggestion, or advice given in the submissions and thus disclaims any liability in connection with such submissions. You are solely liable for your submissions.
Any submissions are provided at your own risk and by making a submission you surrender your privacy rights to your submissions. WALKER GROUP, LLC shall own the exclusive rights, licenses, and intellectual property rights to submissions. WALKER GROUP, LLC reserves the right to use or disseminate a submission, or a portion of a submission, without notice to the user, and without compensation to the user.
The Sites may contain areas for users to interact (blogs, chartrooms, forums, messaging, and the like) where users may post content and various media (“Interactive Areas”). You use the Interactive Areas at your own risk and are solely responsible for the content you post. WALKER GROUP, LLC does not endorse any opinion, idea, recommendation, suggestion, or advice in the submissions and thus disclaims any liability in connection with such submissions. WALKER GROUP, LLC reserves the right to remove or delete user content at its sole discretion and without notice to you. Failure to remove or delete user content found to violate the law or these Terms and Conditions does not constitute a waiver on the part of WALKER GROUP, LLC
- You will not publish user content that is unlawful, libelous, slanderous, defamatory, pornographic, obscene, harassing, indecent, lewd, threatening, deceptive, misleading, invasive of privacy rights or publicity rights, or otherwise objectionable material.
- You will not publish content that that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- You will not publish content containing advertising, solicitation, promotional materials, or spam.
- You will not publish content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
- You will not publish content that infringes on copyrights, intellectual property rights, trade secrets, or trademarks.
- You will not publish content containing private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- You will not publish content containing harmful codes, destructive/disruptive files or viruses.
- You will not publish content that in the judgment of WALKER GROUP, LLC is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose WALKER GROUP, LLC or its users to any harm or liability of any type.
WALKER GROUP, LLC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is WALKER GROUP, LLC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. Although WALKER GROUP, LLC has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant WALKER GROUP, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of WALKER GROUP, LLC, issues, organizations or causes supported by WALKER GROUP, LLC, without any right of compensation or attribution. You grant WALKER GROUP, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Account Registration Information, Account Security, Account Passwords
Certain portions, pages, or sections of the Sites may require you to create an account or to register. You agree that you will provide current and accurate information during the registration and maintenance of any and all accounts associated with the Sites. You agree to update all information when such information becomes outdated. By using the Sites and having an account to the Registration Data associated with the Sites you agree to accept all risks of unauthorized account access and consequences that may come from information obtained by such access. You are responsible for creation of an appropriate password and the subsequent security of that password. WALKER GROUP, LLC is not responsible or liable for any loss or damage in connection with your failure to register and maintain accurate information, unauthorized account access, or the security of your password.
You agree to defend, indemnify, and hold harmless WALKER GROUP, LLC, its independent contractors, service providers and consultants, and their respective agents, directors, employees, from and against, any claims, damages, costs, liabilities, and expenses, (including but not limited to reasonable attorneys’ fees) arising out of or related to any user content you post, store, or otherwise transmit on or through the Sites, your use of the interactive areas, or any act or omission relating to the Sites or the user content, including, without limitation, any actual or threatened suit, demand or claim made against WALKER GROUP, LLC and/or its independent contractors, service providers and consultants, arising out of or relating to user content, your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WALKER GROUP, LLC, THE SITES, THE SITE MATERIALS, CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT, LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. WALKER GROUP, LLC DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE.
WALKER GROUP, LLC IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WALKER GROUP, LLC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, WALKER GROUP, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITES MATERIALS, OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LISTED PRICES FOR MERCHANDISE INCLUDE APPLICABLE SALE/USE TAX.
Limitation of Liability
YOU AGREE THAT WALKER GROUP, LLC, OUR EMPLOYEES, AGENTS, OR VOLUNTEERS WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITES MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WALKER GROUP, LLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS, IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WALKER GROUP, LLC’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WALKER GROUP, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITES MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WALKER GROUP, LLC FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law and Venue
The Terms and Conditions shall be governed, construed, and interpreted in accordance with the laws of the State of Wisconsin (without respect to principles of conflicts of law), and the Parties hereby submit to the jurisdiction of and venue in the State of Wisconsin in any legal proceeding necessary to interpret or enforce these Terms and Conditions or any part of the Terms and Conditions. You agree that any action in connection with these Terms and Conditions and your use of the Sites shall be filed only in state and federal courts located in Wisconsin.
WALKER GROUP, LLC reserves the right to terminate your ability to use the Sites and to block or prevent you from accessing to the Sites. WALKER GROUP, LLC may do so in its sole discretion and without notification to you Although, WALKER GROUP, LLC, may terminate your ability to use the Sites, relevant portions of the Terms and Conditions shall survive such termination, including but not limited to Limitation of Liability and Indemnification.
In the event that WALKER GROUP, LLC fails to enforce a provision or right under these Terms and Conditions, that failure shall not constitute a waiver of such provision or right. A failure to respond to a breach of this agreement also does not constitute a waiver of this agreement or individual provisions in the Terms and Conditions.
If any provision or portion of a provision herein is deemed unlawful, unenforceable, or void for any reason, then that provision shall be severed from Terms and Conditions. All other provisions shall remain valid, binding, and fully enforceable.
Questions & Contact Information
Questions or comments about the Sites and the Terms and Conditions may be emailed to WALKER GROUP, LLC at [email protected]