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(Last Updated: February 19, 2016)
These terms and conditions of use (“Site Terms”) apply exclusively to your access to and use of the Step & Stride website, www.StepandStride.com (the "Website"). The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Step & Stride, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Step & Stride for violations of these Site Terms.
Step & Stride reserves the right to change or modify the Site Terms and/or any policy or guideline of the Website at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Website to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.
If you have any questions about the use of the Website, please send them to info@StepandStride.com or call customer service at 212-246-1900.
1. Acceptance of terms and conditions of use and amendments
2. The Website’s service
This Website and the services provided to you on and via this Website are provided on an "as is" basis. You agree that Step & Stride reserves the right to modify or discontinue provision of this Website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Step & Stride, its affiliates and subsidiaries, will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
4. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this Website may expose you to content that may be objectionable or offensive. Step & Stride, its affiliates and subsidiaries, will not be responsible to you in any way for content displayed on this Website, nor for any error or omission. By using this Website or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Website to promote or operate any service or content without Step & Stride’s prior written consent; and
(e) you will not provide any content that may give rise to Step & Stride, its affiliates or subsidiaries, being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
5. Submission of content on this Website
By providing any content to this website:
(a) you agree to grant Step & Stride, its affiliates and subsidiaries, a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part, with respect to such content. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the license specified in this section; and
(c) you acknowledge and agree that Step & Stride will have the right (but not obligation), at its sole discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
6. Third party services
Goods and services of third parties may be advertised and/or may be made available on or through this Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Step & Stride will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
8. Disclaimer of warranties
You understand and agree that your use of this Website and of any services or content provided (the "services") is at your own risk. Services and content are provided to you "as is", and Step & Stride expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Step & Stride makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Step & Stride nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this Website may be used solely at your own risk, and that Step & Stride, its affiliates and subsidiaries, will not be held liable in any way.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
9. Limitation of liability
You expressly understand and agree that the Website editor will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Step & Stride has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
10. Reservation of rights
Step & Stride reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Website may have with respect to this Website, its content, and goods and services that may be provided. The use of Step & Stride’s rights and property requires the Step & Stride’s prior written consent. By making services available to you, Step & Stride is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Website or provided services without prior written consent.
11. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Website’s copyright agent may be contacted via: info@StepandStride.com
12. Applicable law
13. Miscellaneous information