• Home
  • Terms and Conditions

Terms and Conditions

BrightLife Company, LLC (“WalkerWonder”), grants you access to its website as a convenience to you, accessible via www.walkerwonder.com ( the "Site") conditioned on your acceptance of the terms, conditions and notices contained herein (these "Terms of Use"). For the purposes of these Terms of Use, "Content" means, collectively, any text, images, software, source code, applications, specifications, audio files, articles, and other information or content available through the site that are not Submissions (as defined below).

1. Acceptance of Terms.
Please read these Terms of Use and WalkerWonder's Privacy & Security Policy carefully. By using the site, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in our Privacy & Security Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy & Security Policy, you must exit the site immediately and discontinue any use of any content. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. WalkerWonder can change these terms at any time by posting updated terms of use on this site. If any modification is unacceptable to you, you shall cease using this site. If you do not cease using this site, you will be deemed to have accepted the change. Because of the possibility that these Terms of Use could change between your visits to this site, we recommend that you review these terms of use each time you visit this site.

These Terms of Use are effective as of January 1, 2009.

2. Use and Restrictions.
The Site is provided solely as a convenience to you for non-commercial use. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that WalkerWonder, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.

3. Copyright
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of WalkerWonder and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with WalkerWonder's written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, WalkerWonder grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by WalkerWonder's licensors may be subject to additional restrictions.

4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to WalkerWonder or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of WalkerWonder, and you may not remove or otherwise modify any trademark notices from any Content.

5. Customer Account, Password and Security
If any of WalkerWonder's services require you to open an account, you must complete the registration process by providing WalkerWonder with current, complete and accurate information as prompted by the application registration form on the Site. You will also be required to select a username and password. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify WalkerWonder immediately of any unauthorized use of your account or any other breach of security. WalkerWonder will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to any authorized or unauthorized use of your account. You may not use another's account without the permission of such account holder.

6. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with this Site, and that you, and not WalkerWonder, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the WalkerWonder Privacy & Security Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that WalkerWonder is free to use a Submission for the purpose of providing you with the associated services and you grant WalkerWonder a sublicensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of all Submissions. Additionally, WalkerWonder agrees to use all of your Submissions in accordance with WalkerWonder Privacy & Security Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights in your submissions.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express written permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is your responsibility. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to WalkerWonder set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express written permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions, goals, profiles or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. WalkerWonder reserves the right to (a) terminate your access to your account and your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that WalkerWonder determines, in its sole discretion, is inappropriate or disruptive to this Site or to any other user of this Site and/or services. WalkerWonder may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at WalkerWonder's sole discretion, WalkerWonder will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require WalkerWonder to monitor, police or remove any Submissions or other information submitted by you or any other user.

7. Feedback
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to WalkerWonder all right, title and interest in and to such feedback.

8. Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, WalkerWonder reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

9. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than WalkerWonder. Such links are provided solely as a convenience to you. WalkerWonder does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

10. Warranties and Disclaimer
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. YOUR ACCESS TO THE SITE, THE CONTENT AND THE INTERNET IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, THE CONTENT OR THE INTERNET. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WALKERWONDER, TOGETHER WITH ITS AFFILIATES AND LICENSORS, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WALKERWONDER DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE ON ANY PARTICULAR ORDER DATE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO WALKERWONDER THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00. WITH RESPECT TO PRODUCTS PURCHASED FROM THIS SITE, THE EXCLUSIVE WARRANTIES ARE CONTAINED IN THE LIMITED WARRANTY AND RETURN POLICY FOUND ON THE SITE.

11. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, WALKERWONDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' AND PARALEGALS' FEES) WHATSOEVER ARISING OUT OF, CONNECTED WITH OR RELATED TO (i) YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT, THIRD PARTY WEBSITES OR THE INTERNET, (ii) YOUR POSTING, PUBLISHING OR TRANSMITTING OF SUBMISSIONS OR CUSTOMER ACCOUNT INFORMATION ON, THROUGH OR TO THIS SITE OR THIRD PARTY WEBSITES, (iii) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE OR THE CONTENT, AND (iv) YOUR VIOLATION OF ANY OF THESE TERMS OF USE, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THESE TERMS OF USE ARE EXCLUSIVE.

BEFORE SEEKING LEGAL RECOURSE FOR ANY CLAIM, COST, DAMAGE, EXPENSE OR CLAIM THAT YOU BELIEVE YOU HAVE SUFFERED AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL GIVE WALKERWONDER AT LEAST THIRTY (30) DAYS' WRITTEN NOTICE PRIOR TO INITIATING ANY LEGAL ACTION, WHICH NOTICE SHALL SPECIFY SUCH CLAIM, COST, DAMAGE, EXPENSE OR CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE FAIR AND REASONABLE.

12. Indemnification
You agree to indemnify and defend WalkerWonder, and its successors, assigns, partners, members, owners, shareholders, trustees, directors, officers, affiliates, licensors, licensees, agents and representatives (collectively the “Indemnified Parties”), with respect to, and hold the Indemnified Parties harmless from, any claims, damages, expenses (including reasonable attorneys' and paralegals' fees) and other losses that the Indemnified Parties, or any of them, may directly or indirectly incur or suffer by reason of, or which results from, arises out of or is based upon (i) your access to or use of the Site, the Content, third party websites or the Internet, (ii) your posting, publishing or transmitting of Submissions or information related to your customer account on, through or to this Site or third party websites, (iii) any discontinuation, suspension or termination of the Site or the Content, and (iv) your violation of any of these Terms of Use.

13. Copyright and Trademark Infringements Notification:
WalkerWonder respects the intellectual property rights of others, and we ask you to do the same. WalkerWonder may, in appropriate circumstances and at our sole discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please contact us. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

14. Venue; Governing Law and Waiver of Jury Trial
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be resolved exclusively by the state or federal courts having jurisdiction over Jacksonville, Florida, and any appellate court from any thereof. You hereby waive any objection that you may now or hereafter have to the laying of venue or to the jurisdiction of any such action, suit or proceeding. You acknowledge and agree that any claim or cause of action brought by you against WalkerWonder must be filed within one (1) year after such claim or cause of action arose. These Terms of Use and the relationship between you and WalkerWonder will be governed by and construed in accordance with the domestic laws of the State of Florida without giving effect to any choice of law or principles of conflict of laws of any jurisdiction that would cause the laws of any jurisdiction other than the State of Florida to be applied. THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THESE TERMS OF USE, THE PRIVACY & SECURITY POLICY OR LIMITED WARRANTY AND RETURN POLICY.

15. Attorneys' Fees
In any dispute arising between you and WalkerWonder regarding these Terms of Use, the Privacy & Security Policy or Limited Warranty and Return Policy, the prevailing party shall be awarded reasonable attorneys' fees, paralegals' fees and costs from the non-prevailing party.

16. Miscellaneous Terms
Except to the extent expressly provided in another written agreement between you and WalkerWonder, these Terms of Use, the Privacy & Security Policy and Limited Warranty and Return Policy on the Site constitute the entire agreement between you and WalkerWonder with respect to the subject matter hereof, and it supersedes any prior agreements between you and WalkerWonder with respect to the subject matter hereof. If any term or provision under these Terms of Use, the Privacy & Security Policy or the Limited Warranty and Return Policy is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of such agreements, which shall remain in full force and effect. No waiver of any term or provision of the Terms of Use, the Privacy & Security Policy or the Limited Warranty and Return Policy shall be deemed to be a further or continuing waiver of any such term or provision, or of any other term or provision. WalkerWonder may assign its rights and obligations under the Terms of Use, the Privacy & Security Policy or the Limited Warranty and Return Policy to any individual or entity at any time and without notice to you. The section headings used in these Terms of Use are for convenience only and have no legal effect.