top

Terms of Use

Agreement to Terms of Use These Terms and Conditions of Use (the "Terms of Use") apply to the Today's Step web site located at www.todaysstep.com, all associated sites linked to www.todaysstep.com by Today's Step, Inc., its subsidiaries, and affiliates, including Today's Step sites around the world (collectively, the "Sites") and all apps developed by Today's Step ("Apps"). The Sites and Apps are the property of Today's Step, Inc. ("Today's Step") and its licensors. BY USING THE SITES AND APPS, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES OR USE ANY OF THE APPS.

Today's Step reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sites and Apps following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Today's Step grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites and Apps.

Content

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.

Except as expressly provided in these Terms of Use, no part of the Sites and Apps may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, web site, app, or other medium for publication or distribution or for any commercial enterprise, without Today's Step's express prior written consent.

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.

Your Use of the Sites or Apps

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 may not use the Sites, Apps, or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Today's Step or others.

Website Users who are Under the Age of 18

If you are under the age of 18 when you began using the Website, you agree that your parent or legal guardian has accepted these terms on your behalf (including making payments if applicable) and that, if you continue to use the Website on and after your 18th birthday, you have agreed to these Terms of Use on your own behalf.

User-Submitted Content
Representations Made and Rights Granted

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.

Complaints

Immediately notify Today's Step in writing of any objectionable content appearing on the Website. Today's Step will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Copyright Policy

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.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of Apps and to specific portions or features of the Sites, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or Apps, or for any service offered on or through the Sites or Apps, the latter terms shall control with respect to your use of that portion of the Sites, Apps, or the specific service.

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.

Accounts, Passwords, and Security

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.

Privacy

Today's Step's Privacy Policy applies to use of the Sites and Apps, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Sites or Apps, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites or Apps may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.Links to Other SitesThe Sites and Apps may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Today's Step's control, and Today's Step is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

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.

Limitation of Liability

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.

Indemnity

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.

Violation of These Terms of Use

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 acknowledge and agree that Today's Step may preserve any transmittal or communication by you with Today's Step through the Sites or Apps, and may also disclose such data if required to do so by law or Today's Step determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Today's Step, its employees, users of or visitors to the Sites or Apps, and the public.

You agree that Today's Step may, in its sole discretion and without prior notice, terminate your access to the Sites or Apps, and/or block your future access to the Sites or Apps if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites or Apps. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Today's Step, for which monetary damages would be inadequate, and you consent to Today's Step obtaining any injunctive or equitable relief that Today's Step deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Today's Step may have at law or in equity.

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.

If Today's Step does take any legal action against you as a result of your violation of these Terms of Use, Today's Step will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Today's Step. You agree that Today's Step will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Sites or Apps, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) month after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Today's Step and you arising out of or in connection with your use of the Sites or Apps, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

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.

Miscellaneous

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.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Today's Step with regard to your use of the Sites or Apps, and any and all other written or oral agreements or understandings previously existing between you and Today's Step with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Today's Step, Today's Step will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Today's Step's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Today's Step of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Today's Step and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Feedback and Information

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].

Line
Get our daily newsletter!
submit
top

Thank you

Our first newsletter is coming soon and you will be one of the first to get it. Thanks for signing up!

The editors

top