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APP EULA

Introduction

This Terms of Service Agreement (this “Agreement”) governs your use of this website and the App Support System (the "App") distributed by Stepsfeed ("Company", "we" or "us"), partners, subsidiaries and its affiliates. The App may enhance your interaction with various websites and search engines by adding, replacing or altering relevant features, functionality, advertisements, promotions and/or content through your browser. The App is available for download at http://stepsfeed.com and other websites maintained by the Company or its affiliates (the "Sites"). The App, the Sites, and any related features, functionalities, updates, services, products, App, programs, websites, promotions or content provided by the Company or its affiliates shall be referred to collectively as the "Services". Use of the Services is governed by the Company's Privacy Policy, currently available at http://stepsfeed.com/privacypolicy.txt ("Privacy Policy"), and incorporated by reference into this Agreement.

BY INSTALLING OR DOWNLOADING THE APP OR USING ANY OF THE SITES OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT FULLY AND CAREFULLY. THIS EXTENSOIN IS FREE AND SUPPORTED BY ADVERTISING.

Acceptance of Terms of Service

The terms in this Agreement are conditions upon which the Company shall grant you a limited license (described more fully below) to use the Services. The Company may update or modify this Agreement (including the Privacy Policy) at any time, without notice. Each such modification will be effective immediately upon notification by way of posting on http://stepsfeed.com. All material modifications will apply prospectively only. Your continued use of the Services following such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. As such, it is important that you review this Agreement on a regular basis. You may contact us, the Company, at any time by visiting our contact us page currently available at http://stepsfeed.com. By using the Services, you acknowledge that you are of legal age to form a binding contract, and agree to comply with all applicable rules, regulations and laws of your jurisdiction (“Applicable Law”). The Company and the Services are based in the United States. The Company makes no representations that the Services are made available or appropriate for use in other locations. Users who access or use the Services from other locales or jurisdictions do so of their own volition and are responsible for compliance with any and all applicable local laws.

App Features and Advertising

The App includes a number of browser features that aim to enhance and customize your interaction with various websites by rendering graphics, text, advertisements, promotions, or other functional or interactive content in your browser. The App may be enabled or disabled by following the instructions on our uninstall page at http://stepsfeed.com/uninstall The App is compatible with Internet Explorer, Firefox, Safari, Google Chrome and Opera, and certain features may be displayed on your browser’s toolbar, on web pages, and various other placements during your web browsing activities. Further descriptions of App features and functionality, and instructions for enabling, disabling, or uninstalling features, are available at http://stepsfeed.com/eula.txt and http://stepsfeed.com/uninstall

The App is free to use and supported by advertising. App features may cause additional ads to appear when browsing on certain websites or search engines and/or may replace or alter existing ads on certain websites or search engines. These may include but are not limited to search, banner, inline text, pop up, pop under, image, light box, injected or transitional ads, depending on which features are enabled and which websites are visited. These ads are not associated with or endorsed by underlying websites. Further information may be available through a link provided in the ad display frame (e.g. "More Info" or “Why These Ads” as an example).

The Company partners with leading software, App, and technology developers, as well as website owners to help enable them to provide free or reduced cost premium content, newsletters, e-magazines, products, services, software, apps, extensions, plug-ins and other valuable offerings or offers in exchange for the right to display, replace, alter or inject advertisements on various websites or search engines during your web browsing activities. The Company does this in an effort to enhance your web browsing experience and deliver more relevant and pleasing ads that may better appeal to your interests and search or browsing intent at a given time, and to support the free use of our partner products and services for your personal enjoyment.

The Company is not responsible for nor affiliated with any third party websites, products, promotions, services or offers promoted in or thru any links or advertisements made available through the Services ("Third Party Service"). Engaging with a Third Party Service or clicking on an advertisement means you are now interacting with a third party not associated with the Company. Use, interaction with or purchase of any Third Party Service is at your sole discretion and at your own risk. Any information collected or provided by you as a result of such interaction with a Third Party Service shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Service.

The Company encourages you not to provide any personally identifiable information to any Third Party Service unless you are comfortable with, know and trust such Third Party Service. Any and all inquires or complaints related to any Third Party Service are to be directed to such Third Party Service and not the Company. If, for any reason, you find or conclude any Third Party Service, advertisement or promotion to be objectionable please uninstall our App. Instructions for uninstalling can be found here http://stepsfeed.com/uninstall Please contact support at http://stepsfeed.com if you have any difficulties uninstalling.

In addition, please uninstall the App if you deem any Third Party Service ads or links objectionable for any reason.

Uninstalling the App

You may uninstall this software at any time and with no limitations, using the standard uninstall procedures as offered with your computer's operating system or your Internet browser.

Internet Explorer users

  1. Click the Start button and then select Settings > Control Panel > Add/Remove Programs.

  2. In the list of programs, find the jookz toolbar, select it, and click Change/Remove.


Firefox users

  1. In the Firefox browser menu, select Add-ons > Extensions.

  2. Select the jookz Community Toolbar.

  3. Click Remove.


Safari users

  1. Open the Finder application and browse to Applications.

  2. Scroll down to Toolbars and click on jookz.

  3. Double-click on “Uninstall”.

  4. Fill in the “User name & Password” and click the OK button.


Chrome users

  1. In the Google Chrome browser, go to chrome://extensions/.

  2. Find jookz in the list.

  3. Click Uninstall.

Opera users

1.From Opera menu select Extensions,click Manage Extensions

2.All installed extensions for Opera will appear here.

3.Click “Uninstall” button to uninstall extension.

4.Opera extension will be uninstalled and for surprise much like in Google Chrome no restart is required to install and uninstall Opera extensions.



Windows - To uninstall from any of the supported browsers on Windows, go to the Windows Start Menu and then to Control Panel > Add/Remove (or Programs & Features in Vista/Windows 7) and click Remove next to “AP NAME”

Mac - To uninstall from Safari, Firefox or Google Chrome on a Mac, go to Tools > Add-ons in the top menu. Select the “APP NAME” and click Uninstall.

Your browsers must close to complete the uninstall process. Please note that certain non-executable files may remain on your system after uninstalling. These files are a record of your download, and may be used to help prevent fraud and improve the Services if you choose to download the App again.

Optimizing Browser and Search Settings for the App

Performance of the App may be improved by adjusting various browser and search engine settings. If your settings were optimized during installation, they will be automatically adjusted to those described below following installation. You may change these settings at any time. PLEASE NOTE THAT CERTAIN OPTIMIZED SETTINGS BELOW MAY LOWER YOUR BROWSER SECURITY LEVEL.

Two Second Load Time (ON). This setting alerts the user when the aggregate load time of all browser add-ons exceeds two seconds. (Internet Explorer 9)

Enable Mixed Content (ON). This setting enables the display of both HTTPS (encrypted with SSL/TLS protocol) content and HTTP (unencrypted) content on a webpage without first alerting the user and obtaining consent.

Content Security Policy (OFF). Disabling Content Security Policy (CSP) may be required to allow certain features to operate properly.

Instant Search Results (OFF). Predictive (instant) search engine results are not displayed.

Open Search Results in New Tab (ON). Search engine results will open in a new browser tab window when clicked.

Learn more about Internet Explorer 9 add-on settings here: http://windows.microsoft.com/en-US/windows7/How-to-manage-add-ons-in-Internet-Explorer-9

Learn more about Firefox add-on settings here: http://support.mozilla.com/en-US/kb/Customizing%20Firefox%20with%20add-ons

Learn more about Content Security Policy here: https://developer.mozilla.org/en/Introducing_Content_Security_Policy

User Accounts

Certain Services may require or include a user account. In the event a user account is needed, any registration information submitted by you to create an account should be accurate and kept up to date. You are solely responsible for maintaining the confidentiality of passwords and for any and all use of your account.

You agree not to use any account, password, email address or username of any other user at any time.

If any unauthorized access to your account or password is suspected you hereby agree to notify the Company immediately. You may terminate your account for any reason, without notice at any time. The Company reserves the right to restrict, suspend or terminate your account temporarily or permanently, and/or access to the Services at any time, at its sole discretion and for any reason, with or without prior explanation or due notice, and without liability of any kind. This Agreement and any other entered into with Company will remain in effect after termination of a user account or access to the Services or Site.

Purchasing Products or Services

Purchasing a product or service from the Company may require you to provide personal information, including credit card and billing information ("Personal Financial Information") to a third party service provider not affiliated with the Company (the "Processor"). Where the Processor is responsible for transmitting, collecting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations shall be governed by the terms of service/use and privacy policy(s) of the Processor. If you make such a purchase, you are warranting that you are authorized to use the form of payment card that you provide to the Processor and at least 18 years of age.

The Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order with the Processor. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects your Personal Financial Information, the Company will in no way be responsible or liable to you for any such breach.

You should maintain records of all your purchasing transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized activity associated with your transactions, please contact the Processor directly.

Company's Proprietary Rights

The Services may contain text, information, App, files, images, musical components or works, videos, sounds, applications, works of authorship, and other materials or content belonging to the Company, the Company's licensors, affiliates, partners and other third parties (collectively, "Company Content"). All Company Content is protected by trademark, copyright, trade secret, patent and any other applicable laws, and as between you and the Company, the Company retains and owns any and all rights in the Company Content or materials. Upon your assent to this Agreement, the Company hereby grants you a limited, non-sub licensable, revocable license to access the Sites and or Services, and use and display the Company Content (excluding any App code) restricted to your non-commercial, personal use in connection with your authorized use of the App. Unless expressly authorized and permitted by the Company, you may not download, copy, stream capture, duplicate, reproduce, archive, upload, translate, modify, publish, transmit, broadcast, retransmit, perform, distribute, display, sell, resell or otherwise use any Company Content or materials in a way not expressly authorized by Company.

Creation of works or materials (including but not limited to link, fonts, icons, desktop themes, wallpaper, buttons, videos, montages, and unlicensed merchandise) that derive from or are based on the Company Content are strictly prohibited except where expressly permitted by the Company. This restriction applies to both commercial and non-commercial intent whether the derivative materials or works are given away freely, sold or bartered.

You may not, thru the use of any device, site, app, internet or other means, directly or indirectly, avoid, bypass, remove, circumvent or interfere with any trademark, copyright, or other proprietary notices marked on the Company Content or any digital rights mechanism, content protection control measure or device associated with the Company Content, including but not limited to geo filtering systems and methodologies. Additionally, you may not advertise, recreate, distribute or create an index of any significant amount of Company Content without authorized consent by the Company. Furthermore, you may not create, build or establish a business, either profit or non-profit, by utilizing the Company Content.

Restrictions on Your Use of the Services

THE COMPANY SERVICES, SITES, APPS AND EXTENSIONS ARE OFFERED SOLELY FOR YOUR PERSONAL ENJOYMENT AND USE. USING OR ACCESSING ANY OF THE SERVICES OR COMPANY OFFERINGS FOR ANY PURPOSE WITH COMMERCIAL INTENT OR GAIN IS EXPRESSLY PROHIBITED, UNLESS PRIOR WRITTEN AUTHORIZATION BY THE COMPANY HAS BEEN GIVEN FOR SUCH USE.

You acknowledge and understand that you are solely responsible for any and all content that you transmit, upload, post, email or otherwise make available in connection with, thru on or with the Services (collectively, “User Content”). As such, we implore you to carefully select the information you post through, on or in connection with the Services.

You acknowledge and understand that the Company is not in control of the User Content and as such the Company assumes no liability or responsibility for any objectionable User Content. If a misuse of the Services is found or brought to your attention, you should report this as soon as possible to the Company for review. As it pertains to monitoring Services for inappropriate User conduct or content, the Company assumes no responsibility or liability and is not obligated or required to meet any standard of monitoring the Services for User Content violations. If, in the future, the Company opts to voluntarily monitor the Services, the Company assumes no obligation to remove or modify any inappropriate User Content, nor assumes any responsibility or liability for the conduct of any user.

In connection with use of the Services you hereby agree to abstain from any of the following:

  • Transmit, post, link, or upload content that is: threatening, harmful, violent, hatful, abusive, discriminatory, obscene, defamatory, pornographic, misleading, unlawful or tortious;

  • Violate the rights of other users or any other individual, group or entity, including those relating to trademarks, patents, copyrights, trade secrets, publicity, privacy, or other proprietary rights;

  • Violate any third party agreements, licenses, website terms, App licenses, conditions and privacy policies;

  • Exploit, harass, endanger, or harm another person;

  • Impersonate or attempt to impersonate any person or entity;

  • Engage in or introduce any activity that involves the use of worms, viruses, bots, or any computer files, code, or programs that limit, interrupt or destroy the functionality of any computer hardware, App or telecommunications equipment or otherwise permit unauthorized access or use to a computer network or computer;

  • Impair, disable, interfere with, damage, create an undue burden on, or gain unauthorized access to any servers, networks, accounts or Services (including the App) of the Company or any of it’s affiliates;

  • Obscure, remove, cover, disable or block advertisements or any portion of the Services;

  • Use scripts, automated systems or any other technology or bots in order to mine or collect user info including but not limited to email addresses, usernames, passwords, or other data from the Services;

  • Modify or circumvent any mechanism or App that is used by the Company or is part of the App in connection with the Services including any methods or mechanisms to restrict or prevent access;

  • Request, solicit, or collect any form of personal information for unlawful or commercial purposes;

  • Transmit, upload or post a video or image of another person without their explicit consent;

  • Partake in any commercial activity, including but not limited to contests, sweepstakes, or sales, without prior written consent from the Company;

  • Promote or advertise competing products or services through, by or on the Services;

  • Use the Services in any manner inconsistent with this Agreement or Applicable Law; or

  • Attempt, facilitate or encourage others to do any of the foregoing.

The Company reserves the right, but has no responsibility or obligation, to restrict, remove, moderate or erase any User Content that violates this Agreement, as determined by the Company in its sole discretion.

You acknowledge and agree that the Company reserves the express right to investigate and pursue legal or other applicable action against any person or entity who, in the Company's sole discretion, violates this Agreement and any applicable rules, regulations, or laws, including but not limited to, terminating user accounts and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge your consent and agree that the Company may access, disclose or preserve any or all information provided or transmitted in connection with the Services, including User Content or materials, if and when the Company has a good faith belief that such preservation, access, or disclosure is necessary: (i) to protect or defend the legal rights or property of the Company or its affiliates; (ii) to protect the safety and security of users of the Services or members of the public including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; (iv) to comply with the law or legal process; or (v) for any other purpose consistent with the Privacy Policy which can be found here http://stepsfeed.com/privacypolicy.txt

Your Proprietary Rights

The Company claims no rights of ownership over User Content posted, emailed, transmitted, uploaded or otherwise made available through, on or in connection with the Services; provided, however, that User Content shall not include any content posted by a user that is already owned by the Company, Company subsidiary or affiliate.

By choosing to post any User Content through, on or in connection with the Services, you hereby grant the Company and it’s licensees, affiliates and authorized users, a non-exclusive, perpetual, fully paid and royalty-free, transferable (in whole or in part), sub licensable, worldwide license to use, excerpt, modify, adapt, create derivative works and compilations based upon , publicly display, publicly perform, distribute and reproduce such User Content through, on or in connection with Services or in connection with syndication or distribution of a Third Party Service, through or on all media formats now known or hereafter devised for any and all purposes including but not limited to marketing, trade or commercial purposes or marketing.

Use of such User Content by the Company will not require any additional notice to you and such use will be without the requirement of any implied or express permission from or payment to you or any other entity or person. The Company reserves the right to limit the storage capacity of User Content that you post in connection with or through the Services.

You represent and warrant that: (i) User Content posted by you through, on, or in connection with the Product or Services is owned by you, or otherwise that you have the right to grant the license set forth in this Section, and (ii) posting or displaying of User Content or materials by you through, on or in connection with the Product or Services does not violate the publicity rights, copyrights, privacy rights, contract rights or any other rights of any entity or person in any way.

If applicable, any and all fees, royalties or other money due or owed to any entity or person by reason of use of any User Content published or posted by you in connection with, on or through the Product or Services is your sole responsibility and you agree to pay such monies if due according to any rules, regulations or laws applicable.



Copyright Information and DMCA Complaint

The Company respects the intellectual property rights of others. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright rights of any person or entity. The Company does not monitor the Services for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (DMCA) are taken seriously and may result in removal of content deemed to be violating at the Company's discretion, plus other actions or penalties. The Company has a policy of terminating repeat infringers' access to the Services in appropriate circumstances.

If you have reason to believe that any content or material displayed through the Company Services or Site infringes your copyright, please send the Company's Copyright Agent a notification claiming copyright infringement making sure to include all of the following information: (a) clear identification of the copyrighted content claimed to have been violated (if there are multiple instances, protected content may be covered by a single notification), a representative list of all such content or works; (b) clear identification of the content or works claimed to have been infringed upon and information notably sufficient to permit Company to locate and identify the works or material on the Services or Products (such as the URL(s) of the claimed infringed upon material); (c) information notably sufficient to allow Company to contact you, such as a telephone number, email or address; (d) a notarized or witnessed statement by you indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a notarized or witnessed statement by you expressly stating that the aforementioned information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.

The Company's Copyright Agent for notification of claimed infringement can be reached as follows: “Stepsfeed, 1301 Seabreeze Blvd Fort Lauderdale Florida, 33316” Attn: Legal Department. Notification may also be sent by email at Legal@stepsfeed.com. Failure to comply with the above requirements may render your DMCA complaint invalid.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR ACCESS TO AND USE OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE SERVICES, (C) ANY DEFECTS RELATED TO THE SERVICES WILL BE CORRECTED, (D) THE SERVICES ARE FREE OF COMPUTER BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) ANY PROPERTY DAMAGE, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTIONS RESULTING FROM THE ACCESS OR USE OF THE SERVICES, OR THE INTERRUPTION OR CESSATION OF THE SERVICES, OR (III) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY'S SERVERS, APP OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES, HARMFUL PROGRAMS OR SIMILAR MECHANISMS TRANSMITTED THROUGH OR IN CONNECTION WITH THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF THE COMPANY AND THE COMPANY PARTIES TO YOU FOR ANY CAUSE OR CLAIM WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY DURING THE PERIOD OF YOUR USE OF THE SERVICES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Agreement to Pre-Arbitration Notification of Dispute

This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a letter to the Company briefly summarizing the claim and the request for relief. The letter shall be sent to Stepsfeed, 1301 Seabreeze Blvd Fort Lauderdale Florida, 33316” Attn: Legal Department. Notification may also be sent by email at Legal@stepsfeed.com. If the dispute is not resolved within 60 days after the letter is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Governing Law

The laws of the State of Florida and applicable federal law (including the Federal Arbitration Act) will govern this Agreement and any claim or dispute relating thereto or to your use of any of the Services, without regard to any conflicts of law provisions.

Agreement to Arbitrate Claims and Class Action Waiver

Except to the limited extent noted below, any, claim, controversy or dispute arising out of, in connection with, or relating to this Agreement, or the use of any of the Products or Services shall be resolved by final and binding arbitration. The arbitration shall take place in Florida in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association (collectively, the "Rules"). Unless arbitrator or either party requests a hearing take place, the parties will submit their evidence and arguments to the arbitrator in writing. The arbitrator will make an award based solely on the submitted documents provided as evidence and claim. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to outside of Florida to participate in the arbitration.

If it is decided by you or a representing party (such as legal counsel) to commence arbitration, a filing fee will be required by the provider (currently set forth at $125 for those claims under $10,000). Filing fees larger than $125 will be reimbursed by Company for any excess payment due over $125 upon notification of the arbitration claim. In the event that ruling of the arbitration is in your favor, the Company will act to reimburse you for the $125 base fees.

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrarily of a claim.

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both the Company and you hereby waive the right to bring any and all claims covered by this dispute resolution provision as a class, representative, consolidated, collective, or private attorney general action, or to participate in a class, representative, consolidated, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above-prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: 1. The issue of arbitration shall be determined by the arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Opting-Out of Arbitration and Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following. Within 30 days of downloading the App, you must send a letter to Stepsfeed, 1301 Seabreeze Blvd Fort Lauderdale Florida, 33316” Attn: Legal Department. Notification may also be sent by email at Legal@stepsfeed.com that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation, and non-arbitrated claims or disputes arising out of or relating to this Agreement or the use of any of the Services will be resolved exclusively in the state or federal courts in Florida with the parties consenting to such jurisdiction and venue. Notwithstanding any provision herein to the contrary, we agree that, if the Company makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to the Company’s address), you may reject any such change by sending a letter to the Company within 30 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Your letter must be postmarked by the applicable 30-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 30-day deadline.

Indemnification

You agree to indemnify, defend and hold harmless the Company and the Company Parties from and against any and all claims, demands, obligations, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access or use of any of the Services; (b) any activities or actions by you that violate this Agreement or any third party rights (including, without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (c) any User Content posted or submitted by you on, through or in connection with the Services. Your indemnification obligation will survive this Agreement and your use of the Services.

Other

The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement, including the Privacy Policy, supersedes any previous agreement and constitutes the entire agreement between you and the Company concerning the Services. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company.

Contact Us

If you have any questions about this Agreement or wish to receive a copy, please contact us as described below:

Support@stepsfeed.com

If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms.