Welcome! Wacky Walk’r provides its services to you subject to the following terms and conditions. In order to provide this service, Wacky Walk’r uses Heartland Payment Systems as a service provider. The terms and conditions provided herein are for the benefit of and may be enforced by Heartland Payment Systems, and their affiliates and/or parent company (collectively "Provider"). Wacky Walk’r and Provider are referred to in this Agreement as "we", "us" or "our". In this Statement, "you" or "your" means any person or entity using the website.
If you visit or use this website, you accept these terms and conditions. Please read them carefully. By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or place an order through any means.
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.
All the content on this site is Copyright © 2010 Wacky Walk’r. All rights reserved. All trade dress and software associated with this site is Copyright © 2008-2010 Heartland Payment Systems, Inc. All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy portions of the content for personal, non-commercial use only, provided that you a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way, c) do not make content available to any third party, and d) do not develop derivative works from this material. We and/or Provider, as applicable, reserve complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another website through this one, we accept no responsibility for your experience with the site and you explicitly indemnify, defend, and hold us harmless for that experience. Links to other sites are provided for convenience only. You must make your own decisions regarding your interactions or communications with any other web site.
Communications with Us
Any submissions made to this site are purely voluntary. All comments, feedback, notes, messages, ideas, suggestions or other communications, aside from those containing personally identifiable or financial information, transmitted to us will be treated as non-confidential and nonproprietary. All communications with us become our exclusive property and you agree that by transmitting any communication you relinquish all rights and interests in same. We shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, we discourage you from transmitting information that you do not wish to assign to us, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that we may copy all or part of your communication in any response(s) to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Wacky Walk’r, or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by us or Heartland Payments Systems, Inc., or by third parties who have licensed their rights to us. All content is copyrighted as a collective work under the U.S. and international copyright laws and Northern owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, and/or “frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
We attempt to provide accurate information through this site, but due to the risk that the information may be compromised by software or procedural errors, we cannot and do not guarantee the accuracy or completeness of the information provided on this site. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. You agree to seek all remedies through us and not our Provider. We apologize for any inconvenience this may cause you.
We do not warrant the accuracy, integrity or completeness of the content provided in this Website, including any advice or other similar information obtained by you from us though this Website or in any related communication or advertisement. We make no representation that the content provided in this Website or in any communication or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website
In no event shall Wacky Walk’r, its Directors, Officers, Employees, Affiliates, Successors, or Assigns, or Provider, their Directors, Officers, Employees, Affiliates, Successors, or Assigns, or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website or any content on this Website, even if we or our Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website and the content contained herein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website. If any portion of this limitation is found to be invalid or unenforceable for any reason, then our total liability to you shall in no event exceed one United States dollar (US$1.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website is provided “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. We disclaim all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
We disclaim any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Our liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Shipping - Risk of Loss
Some items purchased from this website may be made pursuant to a shipment contract. If items are to be shipped, this means the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible or liable for any damage arising from shipment.
We retain the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Therefore, we encourage customers to use caution when placing an order, as once placed the order cannot be cancelled, nor the item returned or exchanged unless we expressly consent.
In order to obtain a refund or exchange, prior approval must be given by Wacky Walk’r. Please contact our customer service center during normal business hours.
Generally, we will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
At our sole discretion, Wacky Walk’r may impose a fifteen percent (15%) restocking fee on items returned. Returns of "Factory Shipped" items will be subject to a 15% restocking fee.
The Terms and Conditions constitute the entire agreement between you and us with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by us. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, you agree that the laws of the State of PA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or our affiliates.