Tag The Flag, LLC, d/b/a Walk-On Holdings
Term and Conditions
Effective: May 9, 2022
These Terms and Conditions apply to all of our Sites.
Acknowledgment
By using the www.useroster.com site (the “Site”), you agree that you have read and you understand, and consent to the following Terms and Conditions and our Privacy Policy, in their entirety including any updates that may be posted on the Site from time to time. The Privacy Policy is incorporated by reference in these Terms and Conditions. If you do not agree to these agreements and policies do not use any www.useroster.com services or applications, including but not limited to the Site. Tag The Flag, LLC, d/b/a Walk-On Holdings (hereinafter referred to as “Tag The Flag”) reserves the right to revise these Terms and Conditions, at its sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and a link on our main homepage at www.useroster.com notifying you of the material change. The revised terms will take effect the date they are posted on the Site. Your continued use of the Site constitutes your agreement to follow and be bound by these Terms and Conditions. Please review these posted terms on a regular basis.
If you need any assistance with the Site, please contact Customer Service via email at customerservice@walkonholdings.com.
Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Tag The Flag or its subsidiaries and affiliates.
Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Tag The Flag using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Tag The Flag’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Tag The Flag of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. For example, music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
This Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Tag The Flag provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Tag The Flag of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the www.useroster.com Site. Linked Sites are not under the control of Tag The Flag and Tag The Flag is not responsible for the contents of any Linked Site.
Disclaimer, Limitation of Liability and Indemnity.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. TAG THE FLAG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAG THE FLAG DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH TAG THE FLAG ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TAG THE FLAG NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. TAG THE FLAG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF TAG THE FLAG’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TAG THE FLAG, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS.
Indemnification
You agree to indemnify and hold Tag The Flag, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of these Terms and Conditions by you, (c) the violation, infringement or misappropriation by you, or another using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
Terms and Conditions, Notices, Revisions.
If you choose to visit www.useroster.com, your visit and any dispute over the terms and conditions of the Site or your purchase of products through the Site is subject to these Terms and Conditions and our Privacy Policy, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado. Our business changes constantly, as will our Privacy Policy and the Terms of Conditions. We will post a banner and a link on our main homepage at www.useroster.com notifying you of material change to these Terms and Conditions, so please check the Site frequently for such recent changes. Unless stated otherwise, our current Terms and Conditions apply to all information that we have about you and your account.
Except where prohibited, by visiting and using www.useroster.com, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be brought in a court of competent jurisdiction located in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) TAG THE FLAG’S LIABILITY ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TAG THE FLAG SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Non-Waiver.
The failure of www.useroster.com to insist upon performance of any of the terms and conditions of these Terms and Conditions, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of these Terms and Conditions, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of these Terms and Conditions. Any waiver must in writing and signed by www.useroster.com.
The failure of www.useroster.com to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Tag The Flag, shall not be deemed a breach of these Terms and Conditions.
Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement you may notify Tag The Flag by providing the following information to:
Tag The Flag, LLC dba Walk-On Holdings
2033 11th Street Ste. 6 Boulder, CO 80302
Attn: Legal / Copyright Agent
customerservice@walkonholdings.com
Inquiries not compliant with the procedure outlined may not receive a response. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A description of the copyrighted work claimed to have been infringed, or if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tag The Flag to locate the material.
• Information reasonably sufficient to permit Tag The Flag to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
Tag The Flag, LLC dba Walk-On Holdings
2033 11th Street Ste. 6 Boulder, CO 80302
Attn: Legal / Copyright Agent