All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, algorithms, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content, contained on the Sites and in the Apps is owned, controlled, or licensed by or to Today's Step, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Apps (such as data sheets, knowledge base articles, and similar materials) purposely made available by Today's Step for downloading from the Sites or Apps, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites, Apps, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, Apps, or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites or Apps. Today's Step reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, Apps, or any other systems or networks connected to the Sites, Apps, or to any Today's Step server, or to any of the services offered on or through the Sites or Apps, by hacking, password "mining", or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites, Apps, or any network connected to the Sites or Apps, nor breach the security or authentication measures on the Sites, Apps, or any network connected to the Sites or Apps. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Sites or Apps, or any other customer of Today's Step, including any Today's Step account not owned by you, to its source, or exploit the Sites, Apps, or any service or information made available or offered by or through the Sites or Apps, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites or Apps.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites, Apps, or Today's Step's systems or networks, or any systems or networks connected to the Sites, Apps, or to Today's Step.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or Apps, or any transaction being conducted on the Sites or Apps, or with any other person's use of the Sites or Apps.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Today's Step on or through the Sites, Apps, or any service offered on or through the Sites or Apps. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Today's Step that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Today's Step makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Today's Step and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
a. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
Today's Step respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Today's Step's obligations, if any, with regard to its Apps are governed solely by the agreements pursuant to which they are provided, and nothing on these Sites or Apps should be construed to alter such agreements.
Today's Step may make changes to any Apps offered on the Sites or Apps, or to the applicable prices for any such Apps, at any time, without notice. The materials on the Sites or Apps with respect to Apps may be out of date, and Today's Step makes no commitment to update the materials on the Sites or Apps with respect to such Apps.
Certain Apps or features offered on or through the Sites or in or through the Apps may require you to open an account (including setting up an Today's Step ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Today's Step immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Today's Step or any other user of or visitor to the Sites or Apps due to someone else using your Today's Step ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's Today's Step ID, password, or account at any time without the express permission and consent of the holder of that Today's Step ID, password, or account. Today's Step cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
TODAY'S STEP DOES NOT PROMISE THAT THE SITES, APPS, OR ANY CONTENT, SERVICE, OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES OR APPS WILL PROVIDE SPECIFIC RESULTS. THE SITES, APPS, AND CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITES AND IN THE APPS IS SUBJECT TO CHANGE WITHOUT NOTICE. TODAY'S STEP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES AND APPS WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TODAY'S STEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TODAY'S STEP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES, APPS, AND/OR ANY TODAY'S STEP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES, APPS, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TODAY'S STEP FOR DISSATISFACTION WITH THE SITES, APPS, OR ANY CONTENT IS TO STOP USING THE SITES, APPS, OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Today's Step's Sites, Apps, and Content is NOT a form of medical, psychological, psychiatric, or any other mental health treatment for a disease or condition. Use of the Sites, Apps, or Content is not a substitute for any treatment methods that licensed medical or mental healthcare practitioners might recommend. Rather, the Sites, Apps, and Content is an educational and informational program intended to serve as an adjunct to treatment by promoting well-being. The Sites, Apps, and Content is not designed and does not purport to diagnose, cure, prevent, mitigate, or treat any disease or condition. Only a licensed professional can diagnose or treat diseases or conditions, including mental health diseases and conditions. If you require medical or mental health treatment, call 911 immediately or contact your healthcare provider.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Today's Step reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Sites or Apps, or any portion of the Sites or Apps, for any reason; (2) to modify or change the Sites or Apps, or any portion of the Sites or Apps, and any applicable policies or terms; and (3) to interrupt the operation of the Sites or Apps, or any portion of the Sites or Apps, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Today's Step be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Today's Step has been advised of the possibility of such damages.
You agree to indemnify and hold harmless Today's Step, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against Today's Step by any third party due to or arising out of or in connection with your use of the Sites or Apps.
Today's Step may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites or Apps, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Today's Step's rights or property, or the rights or property of visitors to or users of the Sites or Apps, including Today's Step's customers. Today's Step reserves the right at all times to disclose any information that Today's Step deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Today's Step also may disclose your information when Today's Step determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Today's Step may, in its sole discretion and without prior notice, terminate your access to the Sites or Apps, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Sites or Apps, or any service offered on or through the Sites or in or through the Apps, or (4) unexpected technical issues or problems.
Today's Step administers the Sites and Apps from its location in Berkeley, CA, USA; other Sites and Apps may be administered and operated from various locations outside the United States. Although the Sites and Apps are accessible worldwide, not all Apps or features discussed, referenced, provided, or offered through or on the Sites or in the Apps are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Today's Step reserves the right to limit, in its sole discretion, the provision and quantity of any App, feature, or service to any person or geographic area. Any offer for any feature or App made on the Sites or in the Apps is void where prohibited. If you choose to access the Sites or Apps from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Any feedback you provide at the Sites or in the Apps shall be deemed to be non-confidential. Today's Step shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2011 Today's Step Inc. All rights reserved.
For more information contact us at [email protected].