- Right Step and all of its brands (collectively, “Right Step,” “us,” “we” or “our”) are part of Right Step, llc. Our brands, websites, apps, products, services and technologies (“Services”) are provided by the entities listed above.
THESE TERMS CONTAIN LIMITATIONS OF RIGHT STEP’S LIABILITY
U.S. USERS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES SEE BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.
- Using the Services
a. Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
b. Indemnity. If you are using the Services on behalf of a company, business or other entity, or if you are using the Services for commercial purposes, you and the entity will hold harmless and indemnify the Right Step from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
c. Age. If you are under the Minimum Age you may not register for an account. you must be least the age of majority in your country to use the Services.
We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the RIGHT STEP Sites or Services after we post any such changes, you accept these Terms, as modified.
By clicking the access box or by accessing one of the RIGHT STEP Sites or purchasing our Services, you accept these Terms and certify that you have reviewed these Terms, are within, or have reached the age of majority, or age 18 (whichever is greater) in your jurisdiction. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY RIGHT STEP (RIGHT STEP).
REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Right Step does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Right Step’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Right Step disclaims any liability as a result of any user’s inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Right Step expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Right Step does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Right Step does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Right Step be responsible for any loss or damage resulting from any person’s reliance on any such product or service descriptions, reviews, or specifications contained on the Services. All products and services made available through the Services are sold by independent sellers and not sold by Right Step.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY RIGHT STEP EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. RIGHT STEP DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY RIGHT STEP.
RIGHT STEP EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY SELLERS AND ALL OTHER USERS OF THE SERVICES. ALL USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD RIGHT STEP HARMLESS FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY ANY SELLER AND ALL OTHER USERS OF THIS SERVICES. RIGHT STEP DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY SELLER OR USER.
COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
In order to protect the integrity of the Services, Right Step reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Right Step to limit, restrict, or prevent access to the Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Right Step. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Right Step. You may not frame or mirror any Right Step website or content without the express written consent of Right Step.
You agree to indemnify, hold harmless and defend Right Step, its managers, members, directors, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, (iv) your unauthorized use of the Services, or (v) your purchase, sale, or use of any product or service purchased through the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LIMITATIONS OF LIABILITY
RIGHT STEP WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF RIGHT STEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, RIGHT STEP’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
TERMS AND TERMINATION
Effective Date: January 1, 2019
Information Collection, Use, and Dissemination practices.
This policy applies to Company’s collection, use, storage and disclosure of information by Company on its, (a) websites, including all its parent companies, divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various third party websites, and (c) to Company’s other information collection, including the transfer of opt-in customer lists from third parties, or the use of customer opt-in lists from third parties. Company is not responsible for the information collection or privacy practices of third party websites or applications.
- Collection of Information.
1.1. User Direct Information. Each time you provide transmit information via the Website, Company may obtain and collect personally identifiable information provided by you, including, but not limited to, your name, email address, mailing address and telephone or cell phone number. You may also provide us with information that, when combined with personally identifiable information, provides us with a better idea of who you are, including but not limited to your gender, birthday, marital status, and education level (collectively referred to as “individual information”). If you choose to access our website, use our services, or purchase our products, we may require you to provide individual information as indicated on the forms throughout the site.
1.2. Survey Information. Company may collect information from you when you voluntarily complete a Company survey or questions on a website, order form, or a registration page either online by using the internet, offline by providing this information through the mail, in person or using a telephone. This information may be collected by surveys, order forms, or registration pages operated by third parties or by Company. This method of collection is collectively known as a “Survey.” In such Surveys, Company or a third party may ask you to provide personal identifiable information including your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, education and marital status, occupation, personal and online interests, and such other information as may be requested from time to time. Company may also collect such information concerning you from another source and uses that information in combination with information provided from the Websites. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Company or a third party.
1.3. Third Party Information. Company may collect information from you when you provide information to a third party and Company subsequently acquires or uses the information provided by the third party. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the you may have provided to the third party. When acquiring this information, Company seeks assurances from the third party that you agreed to provide and have such information acquired by Company. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending an email to [email protected] or text “stop” to any text message.
1.4. Cookies, Web Beacons, and Other Info Collected Using Technology. Company currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Company may use other new and evolving sources of information in the future.
Web Beacons. A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Company also uses web beacons in email messages sent to individuals listed in Company’s database.
IP Addresses. Company automatically tracks certain information based upon your behavior on the site. We may use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol (“IP”) is a unique Internet “address” which is assigned to you by your Internet Service Provider (“ISP”). For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user’s traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
Data Analysis. Data Analysis technology may be employed from time to time if used by a Client of Company.
New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, Company strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.5. No Information Collected from Children. Company will never knowingly collect any individual information about children under the age of 13. If Company obtains actual knowledge that it has collected individual information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties. Company has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
- Use of Individual Information.
2.0 General Use. The following paragraphs in Section Two describe how Company currently uses Individual Information, but Company may change or broaden its use at any time. As noted below, Company may update this policy from time to time. Company may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
2.1. Request fulfillment. If you submit a request for services to obtain contact with a person or institution for a product or service offered through this website, we will share the individual information contained in your request form (such as your full name, address, telephone number, property location, self-assessed value, etc.) with third party service providers [hereinafter “service providers”] to contact you regarding your request. By submitting your request to RIGHT STEP, you have explicitly requested that these service providers contact you by telephone (where in your conversation may be recorded), email, or regular mail based on the Information you provided to us in order to process and fulfill your request, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. If one of the service providers contacts you and you wish not to be contacted again by that service provider with respect to your inquiry, then you should specifically make a request to that service provider not to contact you again. Please note that the service providers may maintain the Information you provided whether you elect to use their services.
2.2. Email and Unsubscribe Policy. Company may also share your email address with service providers, as defined above, for the purpose of contacting you regarding specific requests for information or a service. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list.
2.3. Targeted Advertising. Company may use individual information to target advertising to an individual. When an individual is using the Internet, Company uses Technology Information to associate an individual with that person’s Individual Information, and Company attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Company may, at its discretion, target advertising by using direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4. Wireless Addresses. If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You may remove your information from Company’s database. If you remove your information from Company’s database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by entering an unsubscribe request and by responding with “STOP”, to the SMS text message you have received.
2.6. Use of Technology Information. Company uses Technology Information (1) to match a person’s Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of Company’s websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.
2.7. Profiles of Individuals. Company uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
2.8. Storage of Individual Information. Company stores the Individual Information in a database on its’ computers. Our computers have security measures (such as a firewalls and password protection) in place to protect against the loss, misuse, and alteration of the information under Company’s control. Notwithstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Individual Information on them stolen or altered.
- Privacy Practices of Third Parties.
3.1. Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the website and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.
3.2. Links. The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
3.3. Affiliations/Merger/Sale. Company further reserves the right to disclose, transfer or sell your individual information to companies who are affiliated with Company in Company’s sole discretion. If Company changes ownership through an acquisition, merger, sale, or other change of business status, it reserves the right to transfer or assign the right to use your Individual information collected from the Website.
- Foreign use of the Website. To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Individual information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.