Last Updated: 10/06/2024
These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Footpath LLC (“we,” “us,” “our”), including our website, mobile application, and services associated with booking walking companions (“Walking Buddies”). By creating an account or using our services, you agree to these Terms. If you do not agree to these Terms, you may not use the services.
1. Contractual Relationship
In addition to these Terms of Service, your access to and use of Footpath LLC’s Services are governed by additional terms available on our website, which include, but are not limited to, the Privacy Notice, User Generated Content Terms, Community Guidelines, Referral Policies, and any other applicable standards and policies (collectively referred to as the “Supplemental Terms”). Together, these Terms of Service and the Supplemental Terms constitute the “Terms” governing your access and use of the Services in the United States and its territories.
By accessing or using the Services, you acknowledge and agree to abide by these Terms. If you do not agree with any part of these Terms, you should refrain from accessing or using the Services.
Termination: Footpath LLC reserves the right to terminate these Terms or your access to the Services at its discretion and may deny access to the Services at any time for any reason.
Modification: Footpath LLC may modify these Terms or related policies at any time. Any changes will be effective upon posting an updated version through the Services or on our website. Your continued use of the Services following such changes signifies your acceptance of the updated Terms.
2. Arbitration Agreement
By using the Services provided by Footpath LLC, you agree that any disputes, claims, or controversies arising from or relating to these Terms of Service or your use of the Services shall be resolved exclusively through binding arbitration. This includes, but is not limited to, disputes regarding the formation, breach, performance, termination, or validity of these Terms, as well as any disputes arising from or related to your access to or use of the Services.
You acknowledge that you are waiving your right to a trial by jury and your right to participate in a class action. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), which will be determined at the time of arbitration. You can obtain the rules and procedures by contacting the AAA directly or visiting their website.
The arbitration will take place in the county where you reside, unless you and Footpath LLC agree otherwise in writing. The arbitrator will have the authority to resolve any disputes regarding the enforceability or interpretation of this arbitration agreement. The arbitration process will be conducted on a confidential basis, and all arbitration proceedings and any rulings or awards shall be kept confidential by all parties.
If you choose to initiate arbitration, you must provide Footpath LLC with a written notice of your claim. This notice must include a description of your claim and the relief you seek. Footpath LLC will have 30 days to respond to your notice. If we cannot resolve the dispute informally, you may then proceed to arbitration.
In the event that any provision of this arbitration agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. This arbitration agreement shall survive any termination of these Terms or your use of the Services.
By agreeing to these Terms, you confirm that you have read and understood this arbitration agreement and that you are voluntarily waiving your right to a trial in court and your right to pursue any claims on a class-wide basis. If you do not wish to be bound by this arbitration agreement, you must notify Footpath LLC in writing within 30 days of your acceptance of these Terms.
3. The Services
Footpath LLC provides a platform that allows you and other consumers to find, request, and receive various services from third-party providers, including, but not limited to, walking buddies, delivery persons, and various merchants and retailers (“Third-Party Providers”). The Services may also include personalized content such as recommendations, advertisements, and features tailored to your preferences.
Upon making a request through the Services, Footpath LLC will notify Third-Party Providers of the opportunity to fulfill your request. It is the responsibility of the Third-Party Provider to determine whether to offer their services to you. You also have the discretion to accept or decline these services. Please note that once your request is initiated, rescheduling or cancellation options may be limited, and you may incur charges related to any transactions made on your behalf.
Important Notice: Footpath LLC is not a common or motor carrier and does not transport passengers or goods. The Services are exclusively available to registered users and are not intended for general public use. Your engagement with Third-Party Providers through our platform does not establish any agency or employment relationship between you and Footpath LLC or any Third-Party Provider.
App Stores: The availability of our Services may depend on the third-party source from which you downloaded the Footpath LLC app, such as the Apple App Store or Google Play. These terms govern your relationship with Footpath LLC, not the App Store. If you downloaded the app from the Apple App Store, Apple and its affiliates are considered third-party beneficiaries of these terms.
Ownership; License; and Restrictions: All rights, title, and interest in the Services, including intellectual property rights, remain the property of Footpath LLC or its licensors. These terms grant you a limited, non-exclusive license to access and use the Footpath LLC app and related content for personal, noncommercial purposes. Unauthorized use of Footpath LLC’s intellectual property is prohibited, including but not limited to removing proprietary notices, reproducing or distributing the Services, or attempting to gain unauthorized access to our systems.
4. User Account and Eligibility
Accessing the Services
In order to utilize the various aspects of the Services offered by Footpath LLC, you must register for and maintain an active personal user Services account (“Account”). Unless otherwise specified for a particular Service, you must meet the following criteria to obtain and maintain your Account: (i) you must be at least 18 years of age or of legal majority in your jurisdiction, (ii) you may only have one Account, and (iii) you may not assign or transfer your Account to any other person or entity. Footpath LLC reserves the right to delete or deactivate any duplicate accounts to maintain the integrity of its services.
As the account holder, you are responsible for all activity that occurs under your Account. This includes maintaining the security and confidentiality of your Account credentials at all times. You must take reasonable precautions to prevent unauthorized access to your Account and notify Footpath LLC immediately if you suspect any unauthorized use or breach of security.
You cannot register for or maintain an Account if you have been previously banned from accessing or using the Services. Account registration will require you to submit certain personal information to Footpath LLC, which may include your name, address, a still or live photo, mobile phone number, and age. You will also need to provide at least one valid payment method that you are authorized to use and is accepted by Footpath LLC (“Account Information”). It is crucial that you provide accurate Account Information, as any discrepancies may result in your access being denied. In some cases, you may be asked to verify your identity through proof of age or other forms of identification to access or utilize the Services. Refusal or failure to provide this information may lead to denied access to the Services.
Additionally, you authorize your wireless carrier to share information about your account and device with Footpath LLC for the purpose of identity verification and fraud prevention.
Footpath LLC reserves the right to disable or delete your Account if it is not confirmed (when applicable), remains inactive for an extended period, or if there are indications that it may have been used without your permission. You may also lose access if required to do so under applicable law. To the maximum extent permitted by applicable law, Footpath LLC and its affiliates assume no liability for the loss of access to your Account and will not have any obligations related to such loss. If you discontinue your use of Footpath LLC or if your access is disabled, these Terms shall terminate regarding those Services; however, certain sections may survive termination as outlined herein.
Minors
You may not authorize third parties to use your Account, and individuals under the age of 18 are prohibited from using the Services unless accompanied by an adult. However, Footpath LLC may allow parents and guardians to create Accounts for their children. If you are a parent or legal guardian and permit your child to use the Services, you are fully responsible for your child’s actions and compliance with these Terms.
If you are a minor, you must obtain permission from your parent or legal guardian to create an Account and comply with any additional terms required for minors. Parents and guardians should review these additional terms with their children. In cases where minors are involved in incidents, Footpath LLC may be required to report such incidents to appropriate authorities.
Network Access and Devices
You are responsible for obtaining the necessary data network access to utilize the Services. This includes any data or messaging rates and fees imposed by your mobile network carrier when accessing or using the Services from your device. Additionally, you must acquire and maintain compatible hardware or devices necessary for accessing and using the Services, as well as any updates to such hardware or devices. Footpath LLC does not guarantee that the Services will function on any specific hardware or device.
The Services may also be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Footpath LLC is not liable for any resulting delays, failures in delivery, or any damages, losses, injuries, or fatalities that may occur as a result of these malfunctions or delays.
To use Footpath LLC’s services, you must create an account by providing accurate and complete information. You must be at least 18 years old to register and use the Service. You agree to maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account. Any unauthorized access to your account should be reported to us immediately. We reserve the right to deactivate or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.
By creating an account, you warrant that:
5. Payments and Fees
Your use of the Services may result in charges incurred for services or goods provided by Footpath LLC and/or Third-Party Providers (“Charges”). The prices shown when purchasing through the Services may include retail prices set by Third-Party Providers and applicable fees paid to Footpath LLC. Charges will incorporate applicable taxes mandated by law and may also include delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Additionally, Charges may vary significantly during periods of high demand or due to other market factors.
Payment Process
When using services from Third-Party Providers, you will owe the Charges directly to them, while Footpath LLC acts as a limited payment collection agent on their behalf. Payment for goods and services occurs at the moment you submit payment through the Services. You have the right to request lower Charges from a Third-Party Provider, and they may also request higher Charges if the goods or services provided differ from the original request, including discrepancies in quantity, weight, or item type.
Certain Charges will be owed directly to Footpath LLC or its affiliates. While Footpath LLC does not charge for accessing the app, fees may apply for Third-Party Services. The prices displayed may differ from those at physical locations operated by Third-Party Providers or from other third-party websites. Prices may also vary depending on whether you choose pick-up or delivery.
Payment Methods
By adding a payment method to your Account, you authorize Footpath LLC and its payment service providers to collect and store your payment information. Any payment method added will be saved to your Uber wallet, allowing you to add multiple methods. Footpath LLC may charge any of these methods for future transactions. If your default payment method becomes expired or invalid, you authorize Footpath LLC to charge any other available method saved in your wallet.
In cases where your payment method’s account information changes, Footpath LLC may automatically update your payment method, with authorization obtained from financial service partners or your bank. Footpath LLC reserves the right to refuse or limit the use of any payment methods deemed unauthorized, fraudulent, or otherwise risky.
When paying via bank account, you authorize Footpath LLC to debit your account for all Charges, including taxes and fees, and to make corrections or issue refunds as necessary. Your bank account must accept USD-denominated debits.
Third-Party Payment Providers
Using certain payment methods may involve third-party service providers. Additional fees may be imposed by these providers, which Footpath LLC is not liable for. It’s recommended to review the terms of service of any third-party payment provider you choose to use.
Charges and Refunds
Footpath LLC reserves the right to establish or adjust Charges at any time. While reasonable efforts will be made to inform you of applicable Charges, you are responsible for Charges incurred on your Account regardless of your knowledge of them.
Charges paid are generally final and non-refundable, unless determined otherwise by Footpath LLC or the Third-Party Provider assessing the Charge. If you wish to request cancellations, refunds, or corrections, you must initiate these requests via the “Help” tab within 30 days of the Charge.
Promotional Offers
You may receive promotional offers and discounts that alter the Charges for services or goods. Such offers are subject to change or withdrawal without notice and may not apply to all users.
Gratuity
Footpath LLC does not designate any part of your payment as a tip or gratuity to a Third-Party Provider, though you may choose to provide additional payment as a gratuity.
Damage, Cleaning, Lost and Found, and Violation of Terms
You may be charged for damage or cleaning costs if you cause harm to a vehicle or property during your use of the Services. The fee amount will be determined at Footpath LLC’s discretion. If a request for repair or cleaning is verified, Footpath LLC may process the charge through your designated payment method. Charges for lost and found items are also non-refundable, as are any resulting from violations of these Terms.
SNAP/EBT Terms and Conditions
You may use an EBT card to pay for SNAP Eligible Items offered by certain merchants. You must link a valid EBT card to your Account and provide an additional payment method for costs not covered by EBT. Footpath LLC will not accept EBT cash and makes no guarantee regarding the availability of SNAP Eligible Items.
Gifting
You can purchase items to be delivered as gifts, including adding personalized messages. If your gift includes alcohol, the recipient must show valid ID upon delivery. You cannot send alcohol to individuals under the legal drinking age, and orders cannot be left unattended. Failure to deliver alcohol to an eligible recipient may result in the order being returned, with applicable return fees assessed.
6. Cancellations, Refunds, and No-Shows
Cancellations are subject to our **Cancellation Policy**, which is as follows:
If a Walking Buddy fails to show up for a scheduled walk, you may contact us for assistance. In cases of no-show from the User, the full amount may be charged, and no refund will be issued.
7. Responsibilities of Walking Buddies
Safety and Well-being:
Walking Buddies are responsible for ensuring the safety and well-being of the user during their walks. They should assess the walking environment for any potential hazards and take appropriate measures to mitigate risks, including choosing safe routes and being aware of local traffic laws.
Communication:
Walking Buddies must maintain open and respectful communication with the user. This includes discussing the user’s preferences, addressing any concerns, and providing encouragement during the walk. They should also be attentive to the user’s verbal and non-verbal cues, ensuring a positive experience.
Punctuality and Reliability:
Walking Buddies are expected to arrive on time for scheduled walks. Consistent reliability fosters trust and promotes a positive experience for the user. If a Walking Buddy is unable to attend a scheduled walk, they must notify the user and Footpath LLC promptly.
Professionalism:
Walking Buddies should conduct themselves in a professional manner, which includes dressing appropriately, being respectful, and maintaining a positive attitude throughout the duration of the walk. They should refrain from engaging in inappropriate behavior or language that could make the user uncomfortable.
Respect for User Preferences:
Walking Buddies must respect the user’s preferences regarding pace, route, and conversation topics. They should encourage user input and adapt the walking experience to meet the user’s individual needs and desires.
Adherence to Policies:
Walking Buddies must comply with all policies and guidelines set forth by Footpath LLC. This includes adhering to the Terms of Service, following safety protocols, and understanding the boundaries of their role as a walking companion.
Reporting Incidents:
In the event of any incidents or emergencies during a walk, Walking Buddies must report these to Footpath LLC immediately. This includes any accidents, injuries, or situations that may jeopardize the safety of the user or themselves.
Personal Conduct:
Walking Buddies are expected to behave ethically and responsibly. This includes maintaining confidentiality regarding the user’s personal information and not engaging in any form of discrimination or harassment.
Feedback and Improvement:
At Footpath LLC, we believe that the journey toward providing exceptional service is an ongoing process driven by feedback from our users. We actively encourage our community to share their experiences, insights, and suggestions, recognizing that this input is invaluable in refining our services. Through various channels, including surveys, direct communication, and social media, we gather feedback that informs our decision-making and enhances user satisfaction. Our commitment to continuous improvement ensures that we adapt to the evolving needs of our users, creating a more effective and enjoyable platform for everyone. By fostering an open dialogue, we not only strengthen our relationship with the community but also promote a culture of collaboration and shared growth, ultimately enhancing the walking buddy experience for all.
Commitment to Physical Activity:
At Footpath LLC, we recognize the profound benefits of physical activity on overall well-being and mental health. We are dedicated to fostering a culture that prioritizes regular exercise and active lifestyles, understanding that walking with a buddy not only enhances physical fitness but also strengthens social connections. Our mission is to provide a supportive environment where individuals can engage in enjoyable walks, discover new routes, and share experiences. By encouraging commitment to physical activity, we aim to empower our users to achieve their personal fitness goals, build confidence, and enhance their quality of life through consistent movement and companionship. We believe that each step taken together contributes to a healthier community and promotes a lifelong appreciation for active living.
8. User Conduct and Safety
As a user of the Services provided by Footpath LLC, you agree to comply with all applicable laws and regulations while accessing or using the Services. You must only use the Services for lawful purposes and refrain from engaging in any conduct that may cause nuisance, annoyance, inconvenience, damage, or loss to Footpath LLC, Third-Party Providers, or any other party.
When using services that involve transporting children, such as ride options with child restraint systems, you are solely responsible for the safety and correct installation of such systems. Footpath LLC and Third-Party Providers are not liable for the installation or safety of child restraint systems. It is imperative that you consult your state’s laws concerning the specific height, age, and weight requirements for using these systems. In the event that you request assistance from a Third-Party Provider outside the vehicle (e.g., Uber Assist), Footpath LLC is not responsible for any injuries or incidents resulting from that assistance.
If you choose to bring a small animal, such as a dog or cat, during your ride, you are responsible for ensuring the animal is secured using appropriate means such as a leash, harness, crate, or carrier. You must also ensure that the animal does not cause damage or create a mess in the vehicle. If damage or mess occurs due to your animal, you may incur a Charge for Repair or Cleaning as outlined in Section 6. Note that in accordance with Footpath LLC’s policies on Service Animals, Service Animals are permitted to accompany riders without any additional charges.
You agree to notify Footpath LLC of any incidents or accidents that occur during your use of the Services within 24 hours. Providing all reasonable information regarding such incidents is essential for compliance and insurance purposes. Your cooperation is expected during any investigations related to these incidents.
Communications with Footpath LLC
By creating an Account, you consent to receive electronic communications from Footpath LLC, Third-Party Providers, or associated third parties. These communications may include emails, text messages, WhatsApp messages, calls, in-app notifications, and push notifications to the contact details you have provided. You acknowledge that you may receive automated communications generated by automatic dialing systems, including messages regarding your requests through the Services. Standard message and data rates may apply.
You can manage your notification preferences by accessing the Settings in your Account. To opt out of receiving text messages, reply with “STOP” from the mobile device receiving the messages. Please note that opting out of all communications may affect your ability to use the Services effectively. If Footpath LLC suspects any fraudulent or unlawful activity on your Account, it reserves the right to contact you using the contact information provided, including through text or recorded voice messages.
Use of Accounts Owned by Others
If you utilize any Footpath LLC products or services that allow billing to another individual or business, certain information will be shared with that party. This includes, but is not limited to, details about the time and date of services requested, transportation, logistics, delivery requests, and the associated charges. Additionally, if you request transportation, Footpath LLC may share safety-related incident information concerning that transportation. Your acknowledgment of this data-sharing is a condition for using such Footpath LLC products or services.
User Provided Content and Feedback
Any content you provide to Footpath LLC is governed by the User-Generated Content Terms, which are incorporated into these Terms by reference. Additionally, feedback that you provide to Footpath LLC is subject to the Feedback Policy, also incorporated by reference. Your engagement in providing feedback and content is valued, and you should be aware of the terms governing such interactions.
9. Insurance and Liability
Insurance Coverage:
Footpath LLC maintains general liability insurance to cover potential claims arising from its operations. This insurance provides a layer of protection for both Footpath LLC and its users. However, you acknowledge that this insurance may not cover all potential claims or damages resulting from your use of the Services.
User Liability:
As a user of Footpath LLC’s Services, you are solely responsible for any actions taken while using the Services. You agree to indemnify and hold harmless Footpath LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Services, including but not limited to any claims of personal injury, property damage, or violations of applicable laws.
Limitation of Liability:
To the fullest extent permitted by law, Footpath LLC and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Services, including but not limited to loss of profits, data, or goodwill, even if Footpath LLC has been advised of the possibility of such damages. In no event shall Footpath LLC’s total liability to you exceed the amounts paid by you for the Services in the twelve (12) months preceding the claim.
Assumption of Risk:
You acknowledge that your use of the Services involves inherent risks, including but not limited to personal injury, property damage, and other unforeseen risks. By using the Services, you voluntarily assume all such risks and waive any claims against Footpath LLC related to such risks.
Disclaimer of Warranties:
Footpath LLC provides the Services on an “as is” and “as available” basis without any warranties of any kind, express or implied. To the fullest extent permitted by law, Footpath LLC disclaims all warranties, including but not limited to the accuracy, reliability, or completeness of the Services, and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Changes to Insurance and Liability Terms:
Footpath LLC reserves the right to modify its insurance and liability provisions at any time. Any changes will be communicated to users through the Services, and your continued use of the Services after such modifications constitutes your acceptance of the revised terms.
10. Intellectual Property Rights
Ownership of Intellectual Property:
All content, features, and functionality available through Footpath LLC’s Services, including but not limited to text, graphics, logos, icons, images, software, and any associated trademarks, copyrights, or patents (collectively referred to as “Intellectual Property”), are the exclusive property of Footpath LLC or its licensors. This Intellectual Property is protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.
License Grant:
Subject to these Terms, Footpath LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial purposes. This license does not grant you any ownership rights or interest in any Intellectual Property, nor does it allow you to reproduce, modify, distribute, publicly display, or otherwise exploit any Intellectual Property without prior written consent from Footpath LLC.
Restrictions on Use:
You agree not to:
Third-Party Intellectual Property:
Footpath LLC may provide links to third-party websites or services that may contain their own Intellectual Property. Footpath LLC does not grant any rights or licenses to use any third-party Intellectual Property and is not responsible for any claims related to third-party content. Any use of third-party Intellectual Property is solely at your own risk and discretion.
Reporting Infringements:
If you believe that any content available through the Services infringes upon your intellectual property rights, you are encouraged to notify Footpath LLC. In your notification, please provide a detailed description of the alleged infringement, including your contact information, a description of the work you claim to be infringed, and any relevant URLs or evidence supporting your claim. Footpath LLC will review all claims and take appropriate action as required by law.
Indemnification:
You agree to indemnify, defend, and hold harmless Footpath LLC and its affiliates from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your infringement of any Intellectual Property rights of any third party.
Reservation of Rights.
All rights not expressly granted to you in these Terms are reserved by Footpath LLC and its licensors. Your use of the Services does not grant you any rights to use the Footpath LLC name, trademarks, or other Intellectual Property without the prior written consent of Footpath LLC.
11. Data and Privacy
At Footpath LLC, we are dedicated to protecting the privacy and security of our users’ personal information. We collect and process data to provide our services efficiently and enhance user experience while complying with applicable privacy laws and regulations. This data may include personally identifiable information, such as your name, contact details, payment information, and any other relevant information that you provide while using our services.
We implement a variety of security measures to safeguard your data against unauthorized access, alteration, disclosure, or destruction. However, it is essential to acknowledge that no method of transmission over the internet or electronic storage is completely secure. Therefore, while we strive to protect your information, we cannot guarantee its absolute security.
Footpath LLC may share your information with trusted third parties who assist us in operating our platform, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. We may also disclose your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
Users have rights regarding their personal information, including the right to access, correct, or delete their data. We encourage users to take advantage of these rights and to contact us if they have questions or concerns about their data.
To enhance transparency, we provide a comprehensive privacy policy detailing our data collection practices, how we use your information, and the rights you hold concerning your data. This policy may be updated from time to time to reflect changes in our practices or legal obligations. By using our services, you consent to our data collection and usage practices as described in our privacy policy, and you agree to review it periodically for updates.
12. Third-Party Services
Footpath LLC may provide users with access to various third-party services and resources through our platform. These third-party services may include payment processing, communication tools, and other functionalities that enhance the user experience. While we strive to ensure that these services meet high standards, we do not control, endorse, or assume responsibility for the content, practices, or services provided by these third parties.
When engaging with third-party services, users are encouraged to review their terms, privacy policies, and any associated fees or conditions. Any interactions with these services are at the user’s own risk, and Footpath LLC is not liable for any issues that may arise from such interactions.
We are committed to maintaining transparency regarding third-party partnerships, ensuring that users are informed about how these services might affect their experience. In our ongoing efforts to improve our platform, we welcome user feedback about third-party services, as this information is essential in guiding future collaborations and enhancements. Ultimately, while we aim to provide a seamless integration of third-party services, the responsibility for their use and the implications thereof lie with the user.
13. Termination and Suspension
Footpath LLC reserves the right to terminate or suspend your access to our services at any time, with or without cause, and without prior notice. This decision may arise from a variety of circumstances, including but not limited to violations of our terms of service, engagement in unlawful activities, or behavior that poses a risk to the safety and security of other users or our platform.
In the event of termination or suspension, you will no longer be authorized to access or use our services. Any actions taken or obligations incurred prior to the termination will remain in effect. You are also responsible for any outstanding payments or charges incurred up to the point of termination.
If you believe that your account has been wrongfully terminated or suspended, you have the right to appeal this decision. To initiate an appeal, you must contact our customer support team within a specific timeframe, detailing the reasons why you believe the action was unwarranted. Footpath LLC will review your case in good faith and make a determination based on the facts presented.
Termination of your access does not affect any rights or obligations that have accrued prior to such termination. Additionally, Footpath LLC may retain certain user information as required by law or for legitimate business purposes, even after your account has been terminated. This retention is essential for compliance with legal obligations, resolving disputes, and enforcing our terms and policies.
Moreover, if termination occurs due to your violation of our terms, Footpath LLC may take further action as deemed necessary, including but not limited to pursuing legal remedies or reporting your actions to relevant authorities. It is important to understand that the termination of your account is a serious matter and may have consequences that extend beyond mere access to the platform.
Ultimately, we strive to maintain a safe and enjoyable environment for all users and may take necessary actions to uphold these values, including the termination or suspension of accounts that jeopardize the integrity of our services.
14. Dispute Resolution and Governing Law
This section establishes the framework for resolving any disputes that may arise between you and Footpath LLC concerning your use of our services or the agreements outlined in these terms. In the event of a disagreement, the parties agree to first attempt to resolve the issue amicably through informal discussions. You are encouraged to reach out to our customer service team to address your concerns before pursuing more formal avenues of dispute resolution.
If informal discussions do not yield satisfactory results within a reasonable time frame, the parties may proceed to mediation. Mediation involves a neutral third-party mediator who will facilitate discussions between you and Footpath LLC to help reach a mutually agreeable resolution. Both parties agree to participate in good faith and to share equally in the costs of mediation.
Should mediation fail to resolve the dispute, the parties agree that any legal action or proceeding arising from or relating to these terms, your use of the services, or any dispute will be brought exclusively in the state or federal courts located in the state where you reside. Both you and Footpath LLC waive any objection to the venue of such courts and any claim that such forum is an inconvenient forum.
Governing law for any disputes will be the laws of the state in which you reside, without regard to its conflict of laws principles. This choice of law provision will govern all aspects of the relationship between you and Footpath LLC, ensuring that the applicable law is clear and predictable.
By agreeing to these terms, you acknowledge that any dispute resolution process will be conducted on an individual basis, and you agree not to bring or participate in any class or representative actions. This includes any claims arising from your use of the services or related to these terms.
In the interest of efficiency, you agree to any requirements for filing claims, including applicable statutes of limitations. You understand that if you do not comply with the requirements outlined in this section, you may lose your right to pursue legal action against Footpath LLC.
This dispute resolution and governing law provision is a critical aspect of your agreement with Footpath LLC, designed to promote fair and efficient resolution of disputes while protecting the rights of both parties.
15. Entire Agreement and Waiver
Entire Agreement:
These Terms, along with any additional agreements, policies, or guidelines referenced herein, constitute the entire agreement between you and Footpath LLC regarding your use of the Services. This agreement supersedes any prior oral or written understandings, agreements, or representations related to the Services. Any modifications to this agreement must be made in writing and signed by both parties to be effective.
Waiver of Rights:
By using the Services, you acknowledge and agree that any failure by Footpath LLC to enforce any provision of these Terms shall not be construed as a waiver of its right to do so in the future. Similarly, any waiver of any provision of these Terms shall not be deemed a continuing waiver or a waiver of any other provision, nor shall it be construed as a modification of these Terms.
Severability:
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. This severability clause ensures that the validity of the remaining provisions will not be affected.
No Third-Party Beneficiaries:
These Terms are intended for the sole benefit of the parties hereto and are not intended to confer any rights or benefits upon any third party. No third party shall have any rights to enforce any terms or conditions contained herein.
Acknowledgment of Understanding:
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must refrain from using the Services.
16. Other Provisions
Choice of Law:
These Terms shall be governed by and construed in accordance with the laws of the state where the dispute arises, excluding any principles of choice or conflict of laws. This provision specifically applies to the interpretation of these Terms and does not extend any state law to you in instances where your dispute did not arise within that state. For any incidents or accidents resulting in personal injury or death, the governing law will be that of the state where the incident occurred.
Choice of Forum:
All disputes, claims, or controversies arising out of or relating to these Terms, including issues related to their existence, breach, termination, enforcement, interpretation, or validity, must be brought exclusively in the state or federal courts where the dispute arose. This applies regardless of other courts’ jurisdiction, except as noted in the Arbitration Agreement or relevant Supplemental Terms. Incidents resulting in personal injury, including sexual assault or harassment claims, shall also be exclusively brought in the courts of the state where the incident occurred.
Claims of Copyright and Trademark Infringement:
For any claims regarding copyright or trademark infringement, such claims should be directed to the designated agent of Footpath LLC. Additional information can be found in the respective Copyright and Trademark Policies.
Notice:
Footpath LLC may provide notice via general postings on the Services, email to the address associated with your Account, telephone or text message to your provided phone number, or through first-class mail to your registered address. Notices are considered effective 48 hours after mailing or posting, or immediately upon electronic delivery. Modifications to these Terms will be effective upon posting the updated Terms on the website or through the Services. Users may provide notice to Footpath LLC through first-class mail or pre-paid post to its registered agent, with the notice deemed received upon receipt.
General
Users may not assign these Terms without the prior written consent of Footpath LLC. Conversely, Footpath LLC may assign these Terms without consent to a subsidiary, affiliate, or successor by merger. Any attempted assignment by you in violation of this provision will be void. These Terms do not create any joint venture, partnership, employment, or agency relationship between you, Footpath LLC, any Third-Party Provider, or Out-of-App Experience Provider. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force. Footpath LLC’s failure to enforce any provision does not constitute a waiver of that provision or any other. This provision does not affect the Severability and Survivability section of the Arbitration Agreement.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Footpath LLC
Email: support@footpath.com
Address: 5100 N Marine Dr Apt 22K, Chicago IL 60640