Terms and Conditions
This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: January 2016
End User License Agreement
You hereby represent and agree that (i) you are a natural person and (ii) you are a registered user of the User Services.
User Account and Password:
As a registered user of the User Services, you must establish an account. You are solely responsible for protecting the confidentiality of such account, including, but not limited to, your password. You should never disclose your account information or password to anyone. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorised use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORISED USE OF YOUR ACCOUNT.
Your Responsibilities; Guidelines:
You will comply with all applicable local, national, and foreign laws in using the User Services and, if using the User Services outside of the United Kingdom, not use the User Services in a manner that would violate any local or national laws of the United Kingdom if conducted therein. You shall use the User Services solely for your personal use and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the User Services available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the User Services or the data contained therein; or (vi) attempt to gain unauthorised access to the User Services or its related systems or networks.
Registration and Account Security
Step Success users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
(i)You will not provide any false personal information on Step Success, or create an account for anyone other than yourself without permission. (ii)You will not create more than one personal profile. (iii) If we disable your account, you will not create another one without our permission. (iv) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). (v) You will not use Step Success if you are a convicted sex offender. (vi) You will keep your contact information accurate and up-to-date. (vii) You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account. (viii) If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name). (ix) You will not use Step Success if you are under 13 (unless you are part of a student wellness programme set up through an educational establishment).
Sharing Your Content and Information:
You own all of the content and information you upload on Step Success Application and you can control how it is shared through your account settings. In addition:
(i)For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you upload. This IP License ends when you delete your IP content or your account unless you’re content has been shared with others, and they have not deleted it. (ii) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Subject to the terms and conditions of this Agreement and the Terms, we hereby grant you a limited, non-transferable, nonexclusive, revocable, non-exclusive, personal right to access and use the User Services we make available via the Site, solely for your personal, non-commercial use. 365 Health and Wellbeing Limited and its licensors retain all right, title, and interest in and to the User Services and any and all content or other work of authorship made available through the User Services not expressly granted to you herein.
The limited license granted to you pursuant to this User Agreement does not include any resale or commercial use of the User Services or any content made available through the User Services. You may not reproduce duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the User Services, the content thereof, or any portion of the foregoing, without express written consent of 365 Health and Wellbeing Limited. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Step Success and our affiliates or licensors without our express written consent. None of the User Services or the content thereof may be retransmitted without the express written consent of Step Success, nor may it be used on any other web site or stored on any networked computer environment. You may not use any metatags or any other “hidden text” utilising Step Success’s name or trademarks without the express written consent of Step Success. Any unauthorised use terminates the permission and/or license granted by Step Success without the need for further action by 365 Health and Wellbeing Limited.
If you have any questions or concerns about your account, please contact Customer Service at firstname.lastname@example.org
YOU ACKNOWLEDGE AND AGREE THAT THE USER SERVICES AND ALL CONTENT THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF 365 HEALTH AND WELLBEING LIMITED, ITS AFFILIATES OR ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “STEP SUCCESS PARTIES”) WARRANT THAT THE SUBSCRIPTION SERVICE WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE USER SERVICES OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE USER SERVICES, THAT YOUR USE OF THE USER SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE USER SERVICES, AND THAT NONE OF THE STEP SUCCESS PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SUBSCRIPTION SERVICE.
The User Services and this site provide physiological data about your body along with information applications and content published over the Internet and are intended only to assist users in their personal health, fitness and wellness efforts. 365 Health and Wellbeing Limited is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in the USER services or this site should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek professional medical advice before beginning any health, fitness & wellness related effort or regimen.
Limitation of Liability:
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE USER SERVICES AND/OR OUR CONTENT IS TO STOP USING THE USER SERVICES AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE STEP SUCCESS PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE USER SERVICES OR ANY OF THE CONTENT, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE STEP SUCCESS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE STEP SUCCESS PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS USER AGREEMENT OR WITH APPLICABLE NATIONAL AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY STEP SUCCESS PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE STEP SUCCESS PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE STEP SUCCESS PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED POUNDS (£100).
You agree to defend, indemnify and hold the Step Success Parties harmless from and against any and all claims, damages, costs, and expenses, including solicitors’ fees, arising from or related to your use of the User Services and/or any content thereof.
You acknowledge and agree that 365 Health and Wellbeing Limited may suspend or terminate your access to and use of the User Services at any time, with or without cause, in our absolute discretion and without notice, including for any breach of this User Agreement. The relevant version of this User Agreement shall continue to apply to all prior use of the User Services. The following paragraphs of this User Agreement shall survive termination of your use or access to the User Services: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms survives termination of your use of or access to the User Services.
Failure by us to enforce any provision(s) of this User Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this User Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. This User Agreement constitutes the entire agreement between you and Step Success with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreement not specifically incorporated herein. Any claim under this User Agreement must be brought within one (1) year after the date upon which the cause of action arose.
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