Subscriber is solely responsible for providing, at its own expense, all network access to the Services, including, but not limited to, acquiring, installing, and maintaining all telecommunications equipment, hardware, software, and other equipment as may be necessary to connect to, access, and use the Services.Ģ.3 Support. Make the Services generally available 24 hours a day, 7 days a week, 365 days a year, except for:ĭowntime for maintenance with regard to which Water Walkers will use reasonable efforts to notify Subscriber in advance andĭowntime caused by circumstances beyond Water Walkers' reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or other labor problems, telecommunications or network failures or delays, computer failures involving hardware or software not within Water Walkers' possession or reasonable control, and acts of vandalism. Provide regular backups of Subscriber's Data and Maintain the security of the Services, as set forth in Section 2.4 of this Agreement Subject to the terms of this Agreement, Water Walkers shall use commercially reasonable efforts to: The terms and conditions of this Agreement, and the terms and conditions of any addendum to this Agreement, shall govern Subscriber's use of any new feature(s) or services that augment or enhance the current Services, including the release of any new services or upgrades to existing Services.Ģ.2 Service Levels. Water Walkers shall make available to Subscriber the Services as more specifically set forth on the Proposal. "User ID" means the unique identifying name and password assigned to each user to gain access to the Services.Ģ.1 Subscription. "Term" shall commence as of the start date of access to the Services and shall continue until access has been terminated. "Subscription Administrator" means the individual assigned by Subscriber having responsibility for all administrative and billing matters relating to Subscriber's use of the Services, as identified during the purchase and subscription process. The "System" means the technology, including hardware and software, used by Water Walkers to provide the Services to Subscriber in accordance with this Agreement. The "Services" means the menu planning tool provided by Water Walkers to Subscriber, as more particularly described in the Proposal, known as Health-e Meal Planner Pro. The "Proposal" means the proposal submitted by Water Walkers and accepted by Subscriber. "Fees" means the fees paid by Subscriber in exchange for access to the Services as set forth on the Proposal. "Data" or "Subscriber Data" means any electronic data or information contained in any database, template, or other similar document submitted by Subscriber through the Services. "Allergen Feature" means the tool included in the Services for identifying the list of allergens in the Food Allergen Labeling and Consumer Protection Act of 2004 ("FALCPA"). Subject to the terms of this Agreement, Water Walkers hereby grants to Subscriber a non-sublicensable, non-transferable, non-exclusive subscription to access and use the Services, as hereinafter defined, solely for the limited purposes set forth in the Agreement.ġ.2 Definitions. ANY SUBSCRIBER PLANNING FOR OR TREATING MEDICAL CONDITIONS, DIETARY RESTRICTIONS OR A FOOD ALLERGY MUST CONSULT A MEDICAL PROFESSIONAL FOR ASSISTANCE.ġ.1 Rights Granted to Subscriber. USE OF THE SERVICES TO PROVIDE MENU PLANNING OR MEDICAL TREATMENT FOR ANYONE WITH A MEDICAL CONDITION, DIETARY RESTRICTION OR FOOD ALLERGY IS A VIOLATION OF THE TERMS OF THIS AGREEMENT. WARNING: THE DATA CONTAINED WITHIN THE SERVICES CANNOT BE USED FOR AND DOES NOT PROVIDE MENU PLANNING OR MEDICAL TREATMENT FOR ANYONE WITH A MEDICAL CONDITION, DIETARY RESTRICTION OR FOOD ALLERGY. By logging into this website, the User acknowledges that they have read and agree to the following terms of service between the User and Water Walkers Inc, a California corporation ("Water Walkers"), whose mailing and billing address is PO Box 124, Anacortes, WA 98221
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