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This Terms of
Service Agreement (this “Agreement”) governs your use of this
website and the App Support System (the "App") distributed
("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".
currently available at http://stepsfeed.com/privacypolicy.txt
Policy"), and incorporated by reference into this Agreement.
INSTALLING OR DOWNLOADING THE APP OR USING ANY OF THE SITES OR
SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT FULLY AND
CAREFULLY. THIS EXTENSOIN IS FREE AND SUPPORTED BY ADVERTISING.
of Terms of Service
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
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
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.
Features and Advertising
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
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
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).
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
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
other agreements applicable to such Third Party Service.
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.
addition, please uninstall the App if you deem any Third Party
Service ads or links objectionable for any reason.
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.
button and then select Settings
> Control Panel > Add/Remove Programs.
the list of programs, find the jookz toolbar, select it, and click
the Firefox browser menu, select Add-ons
the Finder application and browse to Applications.
down to Toolbars
and click on jookz.
in the “User name & Password” and click the OK
the Google Chrome browser, go to chrome://extensions/.
in the list.
Opera menu select Extensions,click Manage Extensions
installed extensions for Opera will appear here.
“Uninstall” button to uninstall extension.
extension will be uninstalled and for surprise much like in Google
Chrome no restart is required to install and uninstall Opera
- To uninstall from any of the supported browsers on Windows, go to
and then to Control
Panel > Add/Remove
in Vista/Windows 7) and click Remove
next to “AP
- To uninstall from Safari, Firefox or Google Chrome on a Mac, go to
in the top menu. Select the “APP
and click Uninstall.
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.
Browser and Search Settings for the App
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.
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)
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.
Security Policy (OFF).
Disabling Content Security Policy (CSP) may be required to allow
certain features to operate properly.
Search Results (OFF).
Predictive (instant) search engine results are not displayed.
Search Results in New Tab (ON).
Search engine results will open in a new browser tab window when
more about Internet Explorer 9 add-on settings here:
more about Firefox add-on settings here:
more about Content Security Policy here:
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.
agree not to use any account, password, email address or username of
any other user at any time.
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
Products or Services
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
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.
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.
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.
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
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.
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.
on Your Use of the Services
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.
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.
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.
connection with use of the Services you hereby agree to abstain from
any of the following:
post, link, or upload content that is: threatening, harmful,
violent, hatful, abusive, discriminatory, obscene, defamatory,
pornographic, misleading, unlawful or tortious;
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;
any third party agreements, licenses, website terms, App licenses,
conditions and privacy policies;
harass, endanger, or harm another person;
or attempt to impersonate any person or entity;
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;
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;
remove, cover, disable or block advertisements or any portion of the
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;
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;
solicit, or collect any form of personal information for unlawful or
upload or post a video or image of another person without their
in any commercial activity, including but not limited to contests,
sweepstakes, or sales, without prior written consent from the
or advertise competing products or services through, by or on the
the Services in any manner inconsistent with this Agreement or
Applicable Law; or
facilitate or encourage others to do any of the foregoing.
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.
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.
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
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.
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
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.
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.
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.
Information and DMCA Complaint
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.
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
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
DISCLAIMER AND LIMITATION OF LIABILITY
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 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.
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
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.
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.
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.
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
to Pre-Arbitration Notification of Dispute
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
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.
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.
to Arbitrate Claims and Class Action Waiver
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.
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
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
arbitrator shall determine any and all challenges to the arbitrarily
of a claim.
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.
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.
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.
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.
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.
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.
of Arbitration and Class Action Waiver
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
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.
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
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.
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,
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.
you have any questions about this Agreement or wish to receive a
copy, please contact us as described below:
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