Last updated: January 6, 2014.
PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT” OR THE “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY STAY IN STEP (“STAY IN STEP” OR THE “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR ANY AND ALL USE OF THE WEBSITE AT www.stayinstep.org, ALL OTHER SITES OWNED AND OPERATED BY STAY IN STEP THAT REDIRECT TO WWW.STAYINSTEP.ORG, AND ALL SUBDOMAINS (COLLECTIVELY, THE “SITE”), AND THE SERVICE OWNED AND OPERATED BY THE COMPANY (TOGETHER WITH THE SITE, THE “SERVICE”). BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING AND BROWSING THE SITE, CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, POSTING A PROFILE TO THE SUTE, CREATING A PROJECT ON THE SITE, FUNDING A PROJECT ON THE SITE, CONTRIBUTING TO A PROJECT ON THE SITE, OR OTHERWISE BEING ON AND USING THE SITE IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE AND TO BE BOUND BY THIS AGREEMENT.
SUMMARY OF SERVICE
Stay In Step is a platform where individuals and groups (“Users”) are able to perform a variety of actions including but not limited to: interact with other Users, fund projects by raising money from other Users, comment and interact with other Users, and join or participate in contests. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Participants, Donors and Funders, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, share, or otherwise make accessible (“Submit”) Content. “User Submissions” means any content submitted, posted, uploaded, or otherwise made accessible on the Site, by Users.
ACCEPTANCE OF TERMS
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at www.stayinstep.org and all other operating rules, policies, and procedures that may be published on the Site by the Company, as well as official contest rules, which are incorporated by reference and may be updated by the Company at any time without notice to Users. In addition, certain services offered through the Site may be subject to additional terms and conditions. Any User use or participation in these services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age to form a binding contract, have capacity to form a binding contract, and that all registration information you submit is accurate and truthful. Any Users under the age of 18 must register co-operatively with a parent and/or guardian who is over the age of 18 and gives permission for the minor to participate in the Service. Under no circumstances may any person use the site who is under 13 years of age. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
MODIFICATION OF TERMS OF USE
The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. It is the responsibility of Users to check the Terms of Use periodically for changes. The continued use by Users of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes and agreement to be legally bound by those changes.
RULES AND CONDUCT
As a condition of use, Users agree that they will not at any time to use the Service for any purpose that is prohibited by the Terms of Use or by federal, state, or local law. The Service is provided only for the personal, non-commercial use of Users (except as allowed by the terms set forth in the section of these Terms of Use titled, “Projects: Fundraising and Commerce”). Users are responsible for all of their activity in connection with the Service. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that the User knows to be false, misleading, or inaccurate. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that impersonates any person or entity, including any employee or representative of the Company. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that bypasses any measures the Company may use to prevent or restrict access to the Service or other accounts, computer systems, or networks connected to the Service. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that runs Maillist, Listserv, or any form of auto-responder or “spam” on the Service. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that directly or indirectly deciphers, decompiles, disassembles, reverse engineers, or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that modifies, translates, or otherwise creates derivative works of any part of the Service. Users shall not, and shall not permit any third party using their account, to take any action or Submit Content that copies, rents, leases, distributes, or otherwise transfers any of the rights that are received by the User hereunder. Users shall abide by any and all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right, at any time, for any reason, and without notice to cancel, reject, interrupt, remove, or suspend a profile, campaign, project, participation and any other use of Users. The Company reserves the right, at any time, for any reason, and without notice to remove, edit, or modify any Content, including, but not limited to, any User Submission and to remove or block any User or User Submission. Stay In Step reserves the right not to comment on the reasons for any of these actions. The Company, and www.stayinstep.org does not allow: (1) Nudity, Sexual Content and Pornography. Stay In Step has a strict policy against the posting of sexual content, pornographic content and nudity. (2) Vulgar Language: Stay In Step aims to maintain a level of civility. Harsh or vulgar language will be removed at the discretion of our staff and moderators. (3) Violence or Threats of Violence. If a User credibly threatens to harm others, or organize acts of real-world violence, the User will be removed from the site and banned. The Company reserves the right, but does not assume the duty, to report such Users to law enforcement if the Company feel there is a genuine risk of physical harm, or a direct threat to public safety. The Company also prohibits promoting, planning or celebrating any of actions if they could result in financial harm to others, including theft and vandalism. (4) Bullying and Harassment: Stay In Step will not tolerate bullying or harassment. The Company may take action, including removing from the site and banning, any User who is bullying, harassing or using abusive behavior directed at others on the Site. (5) Hate Speech: The Company does not permit hate speech or racial epithets. The Company reserves the right to remove and User from the Site and ban any User who posts such matters, or who attacks a person based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition. (6) Self-Harm: The Company reserves the right to remove from the Site or ban any User who promotes or encourages self-mutilation, suicide, eating disorders or hard drug abuse. (7) Graphic Content: Graphic content is prohibited and posting such content will subject a User to removal from the site and being banned. (8) Identity and Privacy: Claiming to be another person, creating multiple accounts, or falsely representing an organization will subject a User to removal from the Site and being banned. (8) Phishing and Spam: Contacting others on or through www.Stayinstep.org for commercial purposes without their consent is prohibited and will subject User to removal from the site and being banned.
REGISTRATION
Users may view Content on the Site without registering. If ever required to register, Users shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of any User account. Users shall not use as a User ID, domain name, profile name, or project name any name or term that is the name of another person, with the intent to impersonate that person. Users shall not use as a User ID, domain name, profile name, or project name any name or term that is subject to any rights of another person, without appropriate authorization. Users shall not use as a User ID, domain name, profile name, or project name any name or term that is otherwise offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, profile name, and project name for any reason whatsoever. Users are solely responsible for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their password for the Site. Users shall never use another User account without the express permission and written consent of the other User. Users agree to immediately notify the Company in writing of any unauthorized use of their account, or of any other known account-related security issue or breach.
PROJECTS: FUNDRAISING AND COMMERCE
Stay In Step is a platform where Users are able to perform a variety of actions including but not limited to: interact with other Users, fund projects by raising money from other Users, comment and interact with other Users, and join or participate in contests Users who donate money to any project (“Donors”) agree to be bound by this entire Agreement, including the following terms: Donors agree to provide their payment information at the time they contribute to a campaign or project. The payment will be collected at that time and will not be refunded if a project does not reach the full amount of their monetary goal for the project. Donors agree to have sufficient funds or credit available at the time they contribute to ensure that the donation will be collected. Donors agree not to cancel or reduce their contribution to a campaign or project after they have completed the checkout process for the donation. Donors have the option to make their contribution anonymously.
Stay In Step does not offer refunds. Stay In Step shall have no obligation to refund money to a Donor whatsoever. Stay In Step reserves the right to cancel or refuse to accept a contribution at any time and for any reason. Stay In Step reserves the right to reject, cancel, interrupt, remove, or suspend a campaign or project at any time and for any reason. Stay In Step is not liable for any damages as a result of any of those actions. Stay In Step does not have an obligation to comment on the reasons for any of these actions. The Company does not endorse any User Submissions. Users explicitly release Stay In Step, its officers, employees, agents, and successors from liability for any and all claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
FEES AND PAYMENTS
There is no charge for Users to join and use Stay In Step. Stay In Step does charge fees for certain services on the Site. When choosing to utilize a service for which a fee applies the User has the opportunity to review and accept the fees that will be charged prior to utilizing that service. In the event that there are any changes to fees for services, these changes will be considered effective after Stay In Step provides Users with notice by posting the changes on the Site. Users are solely responsible for paying all fees and taxes associated with use of the Service. Funds contributed by Donors are collected by third party vendors such as PayPal. Stay In Step is not responsible for the services rendered by or the performance of third party vendors.
THIRD-PARTY SITES
The Service may permit Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When Users access third-party websites, they do so at their own risk. Other websites such as these are not under the Company’s control, and Users acknowledge and agree that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. Websites that contain references or links to the Site does not imply endorsement by or affiliation with the Company. Users further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
CONTENT AND LICENSE
Users agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. Users agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants Users of the Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content. This license to use and reproduce Content is solely for personal, non-commercial use. Any and all use, reproduction, modification, distribution, or storage of any Content for any use or purpose that is not personal, non-commercial use is prohibited without the express consent and prior written permission from the Company, or from the copyright holder. Users agree that they will not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
INTELLECTUAL PROPERTY OF USERS
Any information submitted to the Site or through the use of the Service is considered a User Submission. Users submitting any such information or User Submissions hereby agree to the following terms: Stay In Step does not have ownership rights of User Submissions. However, in order to perform and market the Service on behalf of Users and itself, Users grant to the Company the following license. Users grant the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit User Submissions and User’s trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with the Service, the Company’s businesses, and the Company’s successors and assignees promoting, marketing, and redistributing part or all of the Site, derivative works of the Site, and the Service in any media formats and through any media channels. These media channels include, without limitation, third-party websites. Users grant these same rights to those acting on behalf of the Company. Users grant the Company, and those acting on behalf of the Company, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to take any necessary action that the Company deems as required to perform and market the Service. These actions are at the sole discretion of the Company. Users grant the Company, and those acting on behalf of the Company, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to allow other Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service. Users grant the Company, and those acting on behalf of the Company, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, images, photographs, video recordings, voice recordings, likenesses, and personal and biographical materials of Users and User Affiliates, in connection with the provision or marketing of the Service. The foregoing licenses granted to the Company by the User does not otherwise affect the User’s ownership or license rights of User Submissions, including the right to grant additional licenses to User Submissions by submitting content on the Site, User Submissions are publically available to other Users. Users understand and acknowledge that this may allow them to be identified publicly by their name or User ID in association with their User Submission. Users agree to grant other Users a non-exclusive license to access their User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. Users agree that their User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless that User has the express consent and written permission from the rightful owner of the material, or they are otherwise legally entitled to post the material and to grant Stay In Step all of the license rights granted herein. Users agree to pay all royalties and other amounts owed to any person or entity based on Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use. Under no circumstances will Company be liable for such royalties or other amounts, and Users agree to indemnify, defend and hold harmless Company from any claim or lawsuit by any person or entity claiming such royalties or other amounts due based upon User’s Submissions. The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, moral rights, or any other intellectual property or proprietary rights. The Company retains the right, in its sole discretion, to delete, edit, modify, reformat, excerpt, or translate any User Submissions. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company shall not be liable for any errors or omissions in any Content. The Company cannot guarantee the identity of Users on the Site and utilizing the Service. The Company is not liable for interactions or communications between Users using the Service. Users agree that any and all Content accessed through the Service is at their own risk and they will be solely responsible for any resulting damage or loss to any party. The Company is not liable for any damage or loss to any party resulting from Content accessed through the Service by the Users. Stay In Step has the right to terminate the account of Users at any time at the sole discretion of the Company and the Company does not have an obligation or duty to notify, explain, or comment on the termination of accounts. Without otherwise limiting these rights, Stay In Step hereby notifies Users that, in accordance with the Digital Millennium Copyright Act (“DMCA”), Stay In Step has a policy of terminating accounts of Users that are infringers of the intellectual property rights of others, and may terminate User accounts based on even a single infringement.
COPYRIGHT NOTIFICATIONS
Stay In Step will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If any User believes that their work has been copied in a way that constitutes an infringement of the copyright, they should give notice to Stay In Step by adhering to the following procedure: Notification shall be given in writing to Stay In Step’s Copyright Agent. Notification must contain specific information pertaining to Copyright and infringement laws. Please consult your legal counsel regarding these requirements or look up details of the requirements in the U.S. Copyright Act, 17 U.S.C. §512(c)(3). This information shall include:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material you claim is infringing is located on the Site, sufficient for Stay In Step to locate the material;
4. Your address, telephone number, email address, and any other relevant contact information;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner, or that you are authorized to act on the copyright owner’s behalf. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Stay In Step’s Copyright Agent in writing. Your counter-notice must contain specific information pertaining to Copyright and infringement laws. Please consult your legal counsel regarding these requirements or look up details of the requirements in the U.S. Copyright Act, 17 U.S.C. §512(c)(3). This information shall include:
1. A physical or electronic signature of the user of the Services;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. The subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Failure to comply with the terms of these notice requirements may invalidate your notification or counter-notification.
Stay In Step’s designated copyright agent for notice of alleged copyright infringement is:
Almerico & Mooney
Attn: Stay In Step Copyright Agent
, 4350 West Cypress Street Suite 275,
Tampa, FL 33607
TERMINATION
Stay In Step reserves the right to terminate access to the Service of any User, without cause or notice, at any time. Such termination may result in the forfeiture and destruction of all information associated with the User’s account. If a User wishes to terminate their account, they may do so by following the instructions on the Site. Any fees paid to the Company, or due to Company, are non-refundable. All provisions of the Terms of Use that by their nature pertain to the time or situation subsequent to the termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
WARRANTY DISCLAIMER
The Company has no special relationship with or fiduciary duty to Users. Users acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
INDEMNIFICATION
You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions including but not limited to claims relating to rewards, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INTERNATIONAL
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
ELECTRONIC DELIVERY, NOTICE POLICY, AND USER CONSENT
By using the Services of the Site, Users consent to receive any and all communications from Stay In Step electronically. These communications may include but are not limited to: notices, agreements, legally required disclosures, and other information in connection with the Services (collectively, “Contract Notices”). Stay In Step may provide the electronic Contract Notices by posting them on the Site. Any User who chooses to withdraw their consent to receive Contract Notices electronically must contact Stay In Step to terminate their account and discontinue the use of the Services.
GOVERNING LAW
These Terms of Service, as well as any further rules, policies, regulations or guidelines incorporated by reference, shall be construed in accordance with and governed by the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Stay In Step, Stay In Step Foundation or its parents, subsidiaries, affiliates, successors, assigns, employees, attorneys, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Florida, Hillsborough County. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state courts located in Hillsborough County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
INTEGRATION AND SEVERABILITY
These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
MISCELLANEOUS
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
