2 Walk On Water Terms and Conditions

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Introduction

Welcome to 2 Walk On Water! 2 Walk On Water provides products, technology, and services to assist wellness providers in providing optimal personalized wellness care to their clients. By signing up for a 2 Walk On Water Provider Account (as defined in Section 1) or by using any 2 Walk On Water Services (as defined below), you agree to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we,” “us,” and “our,” means 2 Walk On Water, and “you” means the 2 Walk On Water Account holder (if registering for or using a 2 Walk On Water Service as an individual), or the business employing the 2 Walk On Water User (if registering for or using a 2 Walk On Water Service as a business) and any of its affiliates.

2 Walk On Water provides the most effective supplements within a complete eCommerce solution that enables providers to offer a modern, responsive eCommerce as a key feature of their wellness business. Among other features, this platform includes a range of tools for wellness providers to provide customized online eStores, to sell in multiple places (including web, mobile, social media, and other online locations) (“Online Services”).

2 Walk On Water manages all products, inventory, payments, fulfillment, shipping, and business operations, and assists in provider marketing, online advertising, and social media to help engage with existing and potential clients. Any such service or services offered by 2 Walk On Water are referred to in these Terms of Services as the “Service(s)”. Any new features or tools added to the current Services will also be subject to the Terms of Service. You can review the current version of these Terms of Service at any time at https://2walkonwater.org/tos

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service and Privacy Policy before you may sign up for a 2 Walk On Water Account or use any 2 Walk On Water Service.

Everyday language summaries are provided for convenience only and often appear near each section, but these summaries are not legally binding. Please read the complete Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using 2 Walk On Water or any 2 Walk On Water services, you are agreeing to these terms. Be sure to check back occasionally for updates.


1. Account Terms

To access and use the Services, you must register for a 2 Walk On Water provider account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, valid email address, the likeness of your provider certification or license, and any other information indicated as required. 2 Walk On Water may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

You must be at least 18 years old to open an Account and be a qualifying wellness provider.

You confirm that you are receiving any Services provided by 2 Walk On Water for the purposes of carrying on a wellness business activity and not for any personal, household, or family purpose.

You acknowledge that 2 Walk On Water will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”).

You must monitor the Primary Email Address you provide to 2 Walk On Water, and your Primary Email Address must be capable of sending and receiving messages. Your email communications with 2 Walk On Water can only be authenticated if they come from your Primary Email Address.

You are responsible for keeping your password secure. 2 Walk On Water cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of 2 Walk On Water.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including processing orders outside 2 Walk On Water’s Checkout, using any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services.

You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

WHICH MEANS:
You are responsible for your Account, the Materials you upload to the 2 Walk On Water Service, and the operation of your 2 Walk On Water eStore. If you violate 2 Walk On Water’s terms of service, we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.


2. Account Activation

2.1 Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“eStore Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the eStore Owner (including the legal name of the company that owns the eStore, if applicable) is visible on the eStore’s website. If you are signing up for the Services on behalf of your employer, your employer will be the eStore Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address, and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your 2 Walk On Water eStore can only be associated with one eStore Owner. You agree to use 2 Walk On Water Checkout for your eStore.

“eStore” means the online store hosted by 2 Walk On Water.

2 Walk On Water does NOT purchase nor manage domain names for your eStore. In keeping with many modern social media and web hosting services, 2 Walk On Water provides a unique URL link for each eStore that includes a human-readable version of the eStore name. Further, 2 Walk On Water provides a unique QR code for mobile and web use by the eStore owner to share with their clients for fast, easy access to the eStore.

2.2 Revenue Share Payments

Upon creating your 2 Walk On Water provider account and indicating a desire to operate a customized eStore, you must complete the eStore owner W9 IRS form and provide your banking information to facilitate receipt of ACH Direct Deposits of your accumulated 30% net revenue share payments. Our goal is to provide weekly direct deposits of your revenue shares.

Important points:

2 Walk On Water pays all hosting, credit card, and other transaction fees and provides all admin, eStore reporting, inventory, fulfillment, and customer service functions. This is all provided free of charge to the eStore owner.

Net revenue is calculated as the net order value after all discounts and coupon codes have been subtracted and before sales tax and shipping costs are added.

Orders that are canceled result in a revenue share deduction. This can result in a timing difference. For example, a newly placed order canceled before shipping the following day can sometimes result in a weekly revenue share payment that includes the original order revenue share; the next revenue share direct deposit will include the deduction of the canceled order’s revenue share.

You can see order status in your eStore Admin as soon as an order is placed, and it will indicate order status, including “shipped” or “canceled.”

Refunds on all or part of an order also result in a revenue share deduction equal to 30% of the refunded amount.


3. 2 Walk On Water Rights

The Services have a range of features and functionalities. Not all Services or features will be available to all wellness providers at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

2 Walk On Water can, in our sole discretion, refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that they violate our AUP or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any 2 Walk On Water employee, member, or officer will result in immediate Account termination.

We reserve the right to provide our Services to your competitors and make no promise of exclusivity. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

2 Walk On Water reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful eStore Owner. If we are unable to reasonably determine the rightful eStore Owner, without prejudice to our other rights and remedies, 2 Walk On Water reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS:
2 Walk On Water has the right to control who we make our Services available to, and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your eStore. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a 2 Walk On Water Account, we can freeze or transfer it to the rightful owner.


4. Your Responsibilities

You acknowledge and agree that the Services are not a reseller marketplace, and any contract of sale made through the Services is directly between you and your client. You may not use the 2 Walk On Water Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States and the State of Florida. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or certificate that may be necessary to operate your wellness business) in your use of the Service and your performance of obligations under the Terms of Service.


5. Confidentiality

“Confidential Information” includes any and all information associated with a party’s business and not publicly known, including but not limited to: business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs, price lists, unpublished financial information, business plans, and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. 2 Walk On Water’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public, including information related to our security program and practices.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service. Each party agrees to take all reasonable steps to prevent the duplication, disclosure, or use of any such Confidential Information, except as required by law.

WHICH MEANS:
Both you and 2 Walk On Water agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.


6. Limitation of Liability and Indemnification

You expressly understand and agree that, to the extent permitted by applicable laws, 2 Walk On Water and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of or inability to use the Service.

You agree to indemnify and hold harmless 2 Walk On Water, its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, violation of any law, or any aspect of the transaction between you and your customer.

You are responsible for any breach of the Terms of Service by your affiliates, agents, or subcontractors.

Your use of the Services is at your sole risk. The Services are provided “as is” and “as available” without warranty or condition.

2 Walk On Water does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that the results will be accurate or reliable.

WHICH MEANS:
We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement, or go against the rights of a third party. Our liability is limited.


7. Intellectual Property and Your Materials

7.1 Your Materials

You retain ownership of any materials you provide to 2 Walk On Water but grant us a license to use them to operate and promote the Services. This includes the right to host, distribute, modify, and create derivative works of any content you upload.

You can remove your eStore at any time by notifying 2 Walk On Water. Removing your eStore does not terminate any rights or licenses granted that we require to perform obligations that arose during the Term.

7.2 2 Walk On Water Intellectual Property

You may not use any trademarks, logos, or service marks of 2 Walk On Water without written authorization. You may not register or use domain names, keywords, or social media handles that include 2 Walk On Water or confusingly similar marks.


8. 2 Walk On Water Shipping

As part of your eStore services, 2 Walk On Water supplies fulfillment and shipping services for delivery of goods. 2 Walk On Water may choose the shipping provider at its discretion and negotiates for competitive shipping rates.


9. Feedback and Reviews

2 Walk On Water welcomes suggestions for improving the Services but is under no obligation to keep such feedback confidential or to compensate you for it. Reviews you submit must be accurate and lawful. We reserve the right to remove objectionable feedback.


10. DMCA Notice and Takedown Procedure

2 Walk On Water respects intellectual property rights and will respond to all notices of alleged copyright infringement. If we receive a DMCA notice, we may remove the infringing content. Merchants may file a counter-notification if they believe the claim is invalid.


11. Privacy and Data Protection

2 Walk On Water is committed to protecting the privacy of your personal information and that of your customers. Use of the Services is governed by our Privacy Policy. Where applicable, 2 Walk On Water acts as a “data processor” or “service provider” under data protection laws.


12. Term and Termination

The Term begins on the date you complete registration and continues until terminated by either party. You may terminate by contacting 2 Walk On Water Support and following their process. We may suspend or terminate your account at any time, including for suspected fraudulent activity.

Upon termination:

Your access to the Services ends.

You are entitled to any outstanding revenue share payments.

Any outstanding balances owed to 2 Walk On Water become due immediately.

Your eStore will be taken offline.


13. Modifications

We may update these Terms of Service at any time. If changes materially affect your rights, we will notify you in advance unless immediate changes are required for legal, security, or compliance reasons. Continued use of the Services constitutes acceptance of the updated terms.


14. General Conditions

These Terms of Service constitute the entire agreement between you and 2 Walk On Water and supersede prior agreements. If any provision is found invalid, the remaining provisions remain in effect. These Terms are governed by the laws of the State of Florida and the United States.

You may not assign these Terms without prior written consent from 2 Walk On Water. 2 Walk On Water may assign these Terms without notice.


2 Walk on Water 

132 W International Speedway Blvd 

St. 14 

Daytona Beach, FL 32114 

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