Welcome to the STEPS TO JOURNEYS, INC. website, operated by STEPS
TO JOURNEYS, INC. (“STEPS TO JOURNEYS”) and located at www.stepstojourneys.org (the
“Site”). The following terms and conditions (“Terms”) govern your use of this Site.
By accessing, viewing, or using the content, material, or services available on
or through this Site, you indicate that you have read and understand these Terms,
that you agree to them and intend to be legally bound by them. If you do not agree
to these Terms, you are not granted permission to use this Site and must exit immediately.
1. Informational Purposes Only.
The information on this Site is for informational purposes only.
Without limiting anything else in these Terms or otherwise, STEPS TO JOURNEYS is
not responsible for any errors or omissions in the Site or Site Materials, as defined
in Section 3 of these Terms and Conditions.
2. Registration.
To access certain content, services, products, or benefits on
the Site, you may be asked to register and create an account. As part of the registration
process, you must click to agree to these Terms, and may then be asked to select
a username and password. You may also be required to provide STEPS TO JOURNEYS with
certain information about yourself, including some types of personally identifying
information such as your email and your address. You are fully responsible for your
account, including use of the account by any third party, and maintaining the confidentiality
of your password. You may terminate your account at any time by emailing accounts@stepstojourneys.org.
3. Proprietary Rights.
As between you and STEPS TO JOURNEYS, all data, content, graphics,
forms, artwork, images, photographs, functional components and any software concepts
and documentation and other material on, in or made available through the Site (“Site
Materials”), as well as the selection, coordination, arrangement, and organization
and enhancement of the Site Materials, are owned or licensed by STEPS TO
JOURNEYS. All Site Materials are protected pursuant to copyright, trademark, patent,
and other applicable laws. You agree not to remove or alter any copyright notice
or any other proprietary notice on any Site Materials. As between any user and STEPS
TO JOURNEYS, all names, trademarks, service marks, certification marks, symbols,
slogans, or logos appearing on the Site are proprietary to STEPS TO JOURNEYS or
its affiliates, licensors, partners, or suppliers. Use or misuse of these trademarks
is expressly prohibited and may violate federal and state trademark law. Under no
circumstances will you have any rights of any kind in or to the Site Materials,
other than the right to use the Site Materials in accordance with these Terms.
4. Unauthorized Activities.
You agree that you will not use the Site for (a) any illegal
or unauthorized purposes that violate any local, national, or international laws
(including but not limited to import, export, copyright, and trademark laws); (b)
modifying, copying, distributing, displaying, performing, reproducing, publishing,
licensing, creating derivative works from, transferring, selling any of the Site
Materials, unless otherwise authorized by these Terms or in a separate written agreement
with STEPS TO JOURNEYS; (c) attempting to gain unauthorized access to STEPS TO JOURNEYS's
computer system or engaging in any activity that interferes with the performance
of, or impairs the functionality of the Site or any services provided through the
Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering
in any way with any security-related features of the Site aimed at preventing or
restricting the unauthorized use of the Site or any of the Site Materials. You may
use the Site and the Site Materials consistently with Section 3 of these Terms.
Any other use of the Site or Site Materials, including but not limited to the aforementioned
unauthorized uses, without prior written permission of STEPS TO JOURNEYS is strictly
prohibited. You acknowledge and agree that the unauthorized use of the Site or the
Site Materials could cause irreparable harm to STEPS TO JOURNEYS and that in the
event of such unauthorized use, STEPS TO JOURNEYS shall be entitled to an injunction
in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site.
Certain features of the Site may allow you to contribute comments,
feedback, information, content, text, files, graphics, postings, and other materials
and information for access, use, viewing and commentary by other users to the Site
(“User Content”). By posting User Content, you represent that you have the full
legal right to provide the User Content and that use of the User Content by the
Site and all other persons and entities will not (a) infringe any intellectual property
rights of any person or entity or any rights of publicity, personality, or privacy
of any person or entity, including as a result of your failure to obtain consent
to post personally identifying or otherwise private information about a person;
(b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute
disclosure of any confidential information owned by any third party. Upon your submission
of User Content or other material or information to STEPS TO JOURNEYS, you grant
STEPS TO JOURNEYS a worldwide, perpetual, irrevocable, transferable license to access,
use, distribute, reproduce, display, modify, create derivative works based upon,
and sublicense, the User Content, all without any compensation to you whatsoever.
If you believe that any content or postings on the Site violate your intellectual
property or other rights, please follow the Complaint Procedure in Section 12 of
these Terms.
6. Third Party Web Sites and Content.
The Site is available for informational purposes only. The Site
may contain links to other Internet Web sites for the convenience of users in locating
information, products, or services that may be of interest. Use of such third party
links, the Site and the Site Materials and any other material or content on and
made available through the Site is entirely at your own risk. STEPS TO JOURNEYS
does not recommend and expressly disclaims any responsibility for the content, the
accuracy of the information, or quality of products or services provided by or advertised
on third party sites or the transactions you conduct or enter into with third parties.
Your use of any third party’s website is at your own risk, and subject to the terms
and conditions of such other websites. STEPS TO JOURNEYS does not endorse any product,
service, or treatment provided on a third party website or advertised or provided
on the Site.
7. Privacy Policy.
Any Personal Information that you provide to STEPS TO
JOURNEYS on the Site is subject to the Privacy Policy. For more information, see
the Privacy Policy, which is incorporated into these Terms by reference, as
if set forth fully herein. Please be advised that the confidentiality of any communication
or material transmitted to STEPS TO JOURNEYS via the Site or Internet electronic
mail cannot be guaranteed, including, for example, Personal Information such as
your address or name.
8. Disclaimer.
STEPS TO JOURNEYS, its subsidiaries, and affiliates, are not
responsible for and do not guarantee the accuracy or completeness of any Site Materials,
User Content, products, data, services, links, advertisements or other items contained
within the Site. STEPS TO JOURNEYS reserves the right to immediately remove any
Site Materials or User Content for any reason or for no reason. STEPS TO
JOURNEYS cannot and does not review all communications or products made available
on or through the Site, but, although not obligated to, may review, verify, make
changes to or remove any User Content, Site Materials, the Site, or the products
or services made available in connection with the Site, including information submitted
in connection with the Site Materials or other features at any time, with or without
notice in its sole discretion. You agree that you must evaluate and bear all risks
associated with the use of Site Materials or User Content and that you may not rely
on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS,
INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE
AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN
RISK. STEPS TO JOURNEYS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES,
AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER
CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN
AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND
EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES,
PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS
WITH YOU.
9. LIMITATION of Liability.
STEPS TO JOURNEYS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL,
OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS,
WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE,
THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS
ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER
OR NOT YOU OR STEPS TO JOURNEYS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY
OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL
PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF STEPS TO JOURNEYS AND
ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON,
OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE
THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN
CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR
USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON
LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE
TOTAL LIABILITY OF STEPS TO JOURNEYS AND ITS LICENSORS SHALL NOT EXCEED TEN
DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE
TERMS, OR FEEL STEPS TO JOURNEYS HAS BREACHED THESE TERMS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
10. Indemnification.
You shall indemnify STEPS TO JOURNEYS and its directors, officers,
employees, agents, contractors and licensors (“STEPS TO JOURNEYS Indemnitees”) against
all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred
in connection with the Site and your use of the Site, the Site Materials or any
services, product, or data obtained through the Site, your fraud, violation of law,
negligence, willful misconduct, or any other use of the Site, the User Content,
the Site Materials, the services, products, information and other materials on,
in and made available through the Site, except to the extent attributable to STEPS
TO JOURNEYS, or any breach by you of these Terms and shall indemnify and hold STEPS
TO JOURNEYS Indemnitees harmless from and against all judgments, losses, liabilities,
damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’
disbursements) arising out of or incurred in connection with such Claims. You may
not settle any Claim without the prior written consent of STEPS TO JOURNEYS. STEPS
TO JOURNEYS or its licensors may assume the defense of any Claim, at your sole cost
and expense, and you shall cooperate in all reasonable respects in such defense.
You shall have the right to employ separate counsel in any Claim and to participate
in the defense thereof. If STEPS TO JOURNEYS or its licensors do not notify you
that it elects to undertake the defense thereof, you shall have the right to defend
the Claim with counsel reasonably acceptable to STEPS TO JOURNEYS, subject to the
right of STEPS TO JOURNEYS to assume, at their sole cost and expense, the defense
of any Claim at any time prior to the settlement or final determination thereof.
11. Internet Security.
STEPS TO JOURNEYS uses reasonable efforts to ensure that the
Site is generally available. However, there will be occasions when access to the
Site will be interrupted or unavailable. STEPS TO JOURNEYS will use reasonable efforts
to minimize such disruption where it is within its reasonable control. You agree
that STEPS TO JOURNEYS shall not be liable to you for any modification, suspension,
or discontinuance of the Site. You understand that the technical processing and
transmission of any Site content may be transferred, unencrypted, and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Please be advised that STEPS TO
JOURNEYS does not guarantee that any information sent from this Site will be secure
during transmission, nor can STEPS TO JOURNEYS guarantee the confidentiality of
any communication or material transmitted to STEPS TO JOURNEYS via the Site or the
Internet, including, for example, Personal Information such as your name or address.
12. Complaint Procedures.
If you believe that any content or postings on this Site violates
your intellectual property or other rights, please notify STEPS TO JOURNEYS by email
at copyright@stepstojourneys.org with a comprehensive detailed message setting forth the following information: (a)
your name and the name of your company, if any; (b) your contact information, including
your email address; (c) the nature and substance of your complaint, the specific
rights at issue, and your basis for making the complaint, including the content
or posting that is objectionable; and (d) the following statement: “The statements,
representations, and assertions made in this message are true, complete, and accurate
and I have the full legal authority to make each and every such statement, representation,
and assertion and to make and be granted any demand made in this message.”
13. Changes to these Terms; Termination.
STEPS TO JOURNEYS reserves the right at any time to modify, alter,
or update these Terms. Your use of the Site following any changes means that you
agree to follow and be bound by the terms as changed. Any change to these Terms
shall be effective as to any visitor who has visited the Site before the change
was made. It is the obligation of users visiting the Site before the change to learn
of changes to the Terms since their last visit. STEPS TO JOURNEYS may suspend or
terminate your account and/or your ability to use the Site, or any services on the
Site, for failure to comply with these Terms, for providing STEPS TO JOURNEYS with
untrue or inaccurate information about yourself, for infringement upon STEPS TO
JOURNEYS proprietary rights, or for any other reason whatsoever or for no reason.
14. Governing Law and Jurisdiction.
These Terms represent the entire agreement between you and STEPS
TO JOURNEYS with respect to the subject matter hereof, and supersede any and all
prior and contemporaneous written and oral representations, understandings, and
agreements, express and implied, and will be governed by and construed in accordance
with the laws of Orlando, Florida, without reference to its conflict of law rules;
PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED
THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER
INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY
PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS
OF THE LAW. By accessing, viewing, or using the services, works, content, or materials
on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal
and state courts located in Orlando, Florida; (b) accept service of process by personal
delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional
and venue defenses otherwise available.
15. Miscellaneous.
The Site is controlled and operated from within the United States.
Without limiting anything else, STEPS TO JOURNEYS makes no representation that the
Site, Site Materials, User Content, services, products, information, or other materials
available on, in, or through the Site is appropriate or available for use in other
locations, and access to them from territories where they are illegal is prohibited.
Those who choose to access the Site from other locations do so on their own volition
and are responsible for compliance with applicable laws. The waiver or failure of
STEPS TO JOURNEYS to exercise in any respect any right provided hereunder shall
not be deemed a waiver of such right in the future or a waiver of any of other rights
established under these Terms. Headings used in these Terms are for reference only
and shall not affect the interpretation of these Terms. No person or entity not
party to this agreement will be deemed to be a third party beneficiary of these
Terms or any provision hereof. When used herein, the words “includes” and “including”
and their syntactical variations shall be deemed followed by the words “without
limitation.”
EFFECTIVE AS OF AND LAST UPDATED:
July 4, 2022