Date last revised: September, 30, 2008
Welcome to StepOne Vision Boards. Our website and the related subscription services is hosted in Canada, and is located at the URL, www.steponevisionboards.com (the "Site"). The Site and its related subscription services are owned and operated by Susan Nicoll, (collectively referred to as "us", "we" or the "Owner"). The purpose of the Site is to provide web-based subscription resources to our Members who are wishing to define and achieve their personal goals.
**PLEASE CAREFULLY READ THESE TERMS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
YOUR ACCEPTANCE OF THE TERMS OF USE
By accessing or using the Site, or any mobile version of the Site, you (the "User") confirm that you have read, understand and agree to accept the Terms of Use of the Site, and that you agree to be bound by the limitations and exclusions contained within the Terms of Use. IF YOU DO NOT FULLY AGREE WITH THE "TERMS OF USE" OF THE SITE, THEN DO NOT ACCESS OR USE THE SITE.We reserve the right, at our sole discretion and without further notice, to add, delete, or change any portion or all of these Terms of Use. In the event that we do revise the Terms of Use, the "Date Last Revised" at the top of the page will indicate the date of such revisions. Your continued use and accessing of the Site, or any mobile version of the Site, whether as a visitor, on a trial basis or upon payment for Subscription Services (all instances being referred to as "Membership"), after such revisions to the Terms of Use shall confirm your acceptance of the revised Terms of Use.
If you object or do not fully agree to the revised Terms of Use, DO NOT ACCESS OR USE the Site or its related subscription services (the "Subscription Services"). It is the User's responsibility to regularly visit the Terms of Use page located at the Site and review the Terms of Use for any new revisions.
YOUR CONSENT TO PROVIDE PERSONAL INFORMATION
The Site, and Membership in the Subscription Services provided through the Site, is intended for individuals 16 years of age or older. If you are younger than 16 years of age you are not permitted to use the membership Subscription Services of the Site nor are you permitted to provide your personal information to or through the Site.By using or accessing the Site, or by using the Membership Subscription Services of the Site, you confirm that you are voluntarily providing your personal information, and that you are 16 years of age or older. By providing your information you are also consenting to the use of your personal information by us for the purposes of the Site.
All Membership in the Subscription Services of the Site that are prohibited by law are and will be void.
In consideration of your use of the Site, you agree to:
- provide, for purposes of registering in the subscription services Membership Account, any and all information that you are prompted to supply about yourself and that such information is accurate, complete and current;
- not use any offensive or obscene words, images or materials in selecting account names or in providing your information;
- keep and maintain the confidentiality of your user name and password that are used by you to access the Site and/or your Membership Account in the Site;
- update your personal information provided by you for your registration in subscription services Membership Account; and
- to take full responsibility for all use of your subscription service Membership Account and any actions occurring through your subscription services Membership Account.
OUR USE OF YOUR PERSONAL INFORMATION
We care about your privacy. We intend to collect, use or disclose your personal information solely for the purposes of the Site and its Membership Subscription Services. We will not disclose your personal information to third parties for commercial purposes. For further information on our use of your personal information, please view our privacy policy.TRADEMARKS
StepOne Vision Boards and other Owner trademarks, graphics, logos, corporate brands, page headers, button icons, scripts and service names are registered trademarks, trademarks or a distinguishing guise of the Owner in Canada and/or other countries. The Owner's trademarks and distinguishing guises may not be used in connection with any product or service, in any manner whatsoever, which is likely to cause confusion, and they may not be reproduced, adapted or used in whole or in part, without the prior written consent of the Owner.OUR PROPRIETARY RIGHTS TO THE SITE CONTENT
All content on the Site, and all content available through the Membership Subscription Services of the Site, including any and all designs, graphics, photographs, text, sounds, music, video, frames, applications, software, methods of flow of information, source code, and the selection and arrangement of the foregoing (the "Site Content") is the property of the Owner with all rights reserved.No Site Content shall be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Owner's prior written consent, except that the foregoing does not apply to your own User Content (as defined below) that you lawfully post on the Site. You shall not reverse engineer, decompile, disassemble, insert code into, or create derivative works from any of the components of the Site or the Site Content.
Provided that you are eligible to use the Site, you are granted a limited non-exclusive license to access and use the Site and view the Site Content, PROVIDED THAT YOU ARE NOT ALLOWED TO DOWNLOAD, PRINT, COPY, DIRECTLY LINK TO OR OTHERWISE REPRODUCE ANY PORTION OF THE SITE CONTENT. This license may be revoked by the Owner, at any time, without notice, and with or without cause.
Except for your own User Content, you may not upload or republish the Site Content (in whole or in part) on any Internet site or elsewhere, or incorporate the Site Content information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
Such limited non-exclusive license is subject to these Terms of Use and does not permit the User to insert code, use of any data mining, robots, scraping, spamming, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized under these Terms of Use, without the prior written permission of Owner, is strictly prohibited and will automatically terminate the license granted. Such unauthorized use may also violate other applicable laws including copyright and trademark laws and communication regulations and statutes. Unless explicitly stated, nothing in these Terms of Use shall be construed as conferring a license to any intellectual property rights of the Owner or other Users, whether by estoppel, implication or otherwise.
THE SITE, ITS MEMBERSHIP SUBSCRIPTION SERVICES, AND THE SITE CONTENT ARE PROVIDED ON AS "AS-IS" BASIS TO THE USER. THE OWNER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT. THE OWNER DOES NOT GUARANTEE, NOR DOES IT PROMISE, ANY SPECIFIC RESULT FROM THE USE OF THE SITE OR ITS MEMBERSHIP SUBSCRIPTION SERVICES.
THE OWNER DOES NOT REPRESENT OR WARRANT THAT THE SITE CONTENT IS ACCURATE, ERROR FREE, CURRENT, RELIABLE, NOR DOES THE OWNER WARRANT THAT THE SITE, SITE CONTENT, OR ANY SERVER USED IN CONNECTION WITH THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL CONDITIONS. AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, ITS MEMBERSHIP SUBSCRIPTION SERVICES AND SITE CONTENT IS AT YOUR OWN RISK, AND THAT YOU ARE REQUIRED TO EXERCISE YOUR OWN DUE DILIGENCE IN PROTECTING YOUR COMPUTER SYSTEM OR MOBILE DEVICE FROM LOSS OF DATA OR ANY OTHER HARM OF ANY KIND THAT MAY RESULT FROM YOUR USE.
The Owner reserves all rights in and to the Site, the Subscription Services, and Site Content, including the right to change any and all Site Content, at anytime without notice. The Site, Subscription Services, and/or Site Content may, from time to time, be unavailable to you for maintenance or any other reason. The Owner shall not be responsible for inaccessibility, delay in operation or transmission, interruption, deletion, alteration, error, omission, defect, communication failure, or unauthorized access to User Content. The Owner shall not be responsible for any technical problems, whether in connection with telecommunications, computer, server, hardware, software applications, or traffic overload at the Site or its server. In no event will the Owner be responsible or liable to you or any other party, for any loss or damage, including loss or damage to User Content, or personal injury or death resulting from any party's use of the Site, Subscription Services, User Content, and/or Site Content.
You agree that any comments, suggestions, ideas, feedback, completed surveys, questions, or other information about the Site, its Subscription Services, or Site Content,("Feedback") submitted by you are not confidential and such Feedback shall become the property of the Owner, and the Owner shall have the exclusive rights to the unrestricted use and distribution of the Feedback, including all rights to any intellectual property contained within the Feedback, without compensation or acknowledgment to you for such use.
OUR LIMITED LIABILITY
IN NO EVENT SHALL THE OWNER, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY REASON, WHETHER DIRECTLY OR INDIRECTLY, FOR YOUR USE OF THE SITE, ITS SUBSCRIPTION SERVICES OR SITE CONTENT, OR AS A RESULT OF ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES ARISING FROM ECONOMIC LOSS, LOST PROFITS, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE, THE SUBSCRIPTION SERVICES OR SITE CONTENT, INCLUDING IN THE EVENT THAT THE OWNER IS AWARE OR HAS BEEN ADVISED OF THE POTENTIAL OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE LIMITATION OF OUR LIABILITY, THE OWNER'S LIAIBLITY TO YOU FOR ANY CAUSE OR ACTION, WHATSOEVER, REGARDLESS OF ITS FORM, WILL AT ANY AND ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR SUBSCRIPTION SERVICES DURING THE TERM OF YOUR MEMBERSHIP. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU DID NOT PAY ANY AMOUNTS TO THE OWNER YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO ANY DAMAGES, OF ANY KIND, FROM THE OWNER, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS.USER CONTENT AND USER CONDUCT
You are solely responsible for any material, photos, pictures, graphics, text, video, music, sounds, or any other content that you post, upload or transmit to the Site ("User Content"). You understand and agree that your use of the Site is solely for your personal and non-commercial use. You also represent and warrant that any User Content, of any kind, submitted through your Membership Subscription Service account or otherwise posted, transmitted, or shared by you on or through the Site is done in a lawful manner and will not violate or infringe upon the rights of any third party, including any rights associated with copyright, trademark, patent, trade secrets, privacy, publicity or other personal or proprietary rights; nor does it contain libelous, defamatory, inflammatory, deceptive, misleading, hateful, sexually explicit, sexual in nature, pornographic, obscene or otherwise unlawful material.You agree to not upload, post, transmit or directly link to any private information of a third party, including addresses, telephone numbers, email addresses or otherwise. You further agree not to upload, post, transmit, share, store or otherwise make available any information that could result in providing instructions for a criminal offence or otherwise violate any local, national or international law.
You also agree to not upload, post or transmit any content that in the sole discretion of the Owner is objectionable, sexually explicit, sexual in nature, pornographic, obscence, offensive, unlawful, or may in any other way expose the Owner or any of its Users to any liability of any kind.
You understand and agree that the Owner may, but is not obligated to, remove or delete any content, including User Content and Site Content, for any reason or without reason, as determined in the sole discretion of the Owner. You are solely responsible, at your own expense and effort, for keeping and maintaining back up copies of your User Content, and the Owner shall not be liable to you or any other party, for the deletion or removal of such User Content or Site Content.
You authorize and direct us to make any copies of the User Content posted to the Site, as we deem necessary for the purposes of the Site and subscription services of the Site. You understand and agree that User Content may be reproduced by us and used as Site Content. When you post any User Content to the Site you grant to the Owner, and you represent and warrant that you are entitled to grant, an irrevocable, non-exclusive, transferable, fully paid worldwide licence without end, and with the right to the Owner to sub-licence, use, copy, publicly display, publicly perform, translate, reformat, paraphrase, excerpt, and distribute User Content for any purpose in connection with the Site and/or its subscription services, or the promotion thereof. You further agree that when you post User Content to the Site, we are entitled to make derivative works, or incorporate into other works, your User Content, and you grant and authorize us to sub-licence the same. You may remove or delete your User Content from the Site at anytime, and in so doing, the licence rights granted by you above, will automatically end, PROVIDED THAT we continue to have the right to retain and use archived copies of User Content. We do not claim any ownership in User Content, as between you as the User and us as the Owner, and subject to the licence granted above, you retain all proprietary and intellectual property ownership in your User Content.
LINKING TO SITE AND SITE CONTENT
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our features or services, such as using an "in-line" linking method to cause any images hosted by steponevisionboards.com to be displayed on another web site. You agree not to download or use any images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. You shall not link from any other web site containing any material that would not be permitted on the Site under these Terms of Use. We reserve any and all rights under the law in relation to any link to the Site including insisting that such linking be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.The Site may contain links to other web sites operated by third parties that are not owned by or connected with steponevisionboards.com. We assumes no responsibility for any information, content, products, services, statements, advertising, code or privacy policies or practices of, made in or offered in such sites. The inclusion of such links within the Site shall not be construed as or suggest any endorsement of the material on such sites or any association with their operators. Please exercise caution before entering such other web sites and/or providing any personal information through such sites.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect and value the rights of intellectual property owners. We prohibit the unlawful reproduction, uploading, downloading, display, direct linking or other use on the Site of another party's intellectual property. If we are notified of a User's repeated infringement of another party's intellectual property rights, we are entitled to terminate that User's subscription services with notice to the User. However, such right to terminate User's subscription services shall not constitute an obligation on our part to monitor or determine the lawfulness of User Content.INDEMNITY
You agree to indemnify and hold the Owner, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post on or through the Site, including through the Subscription Services, your use of the Subscription Services and the Site, your conduct in connection with the Subscription Services and the Site or with other users of the Subscription Services and the Site, or any violation of these Terms of Use or of any law or the rights of any third party.TERMINATION OF MEMBERSHIP SUBSCRIPTION SERVICES
In the event that you wish to terminate your Membership Subscription Services during your free trial period, you may do so without cost or penalty at anytime during the free trial period by providing written notice to the Owner at the email address info@steponevisionboards.com.In the event that you wish to terminate your Membership Subscription Services after the free trial period, you must send an e-mail to info@steponevisionboards.com with 'Cancel Membership' in the subject line. If you have selected a 6 or 12 month term, the balance of the term will be refunded to you.
JURISDICTION
You acknowledge and agree that by using the Site and/or Membership Subscription Services, that the laws of Alberta and Canada shall, without regard to principles of conflict of laws, govern and apply to these Terms of Use, and shall govern any dispute that may arise between you and the Owner. In relation to any claims that you may have, you agree not to commence or pursue any action other than in the Province of Alberta, or the Federal Courts of Canada, and you hereby consent to the venue and jurisdiction of the Province of Alberta and Federal Courts of Canada, and waive all defences of jurisdiction and forum non conveniens with respect to such venue and jurisdiction.ENGAGEMENT OF THIRD PARTY COACHING SERVICES
The list of third party coaching services contained on the Site and Site Content is provided merely for the convenience of the User and in no way shall be construed as an endorsement, warranty or representation by the Owner of the validity, credibility or appropriateness of such third party coaching services. In the event that a User engages the services of a third party coach listed on the Site or Site Content, the Owner shall not be construed as an agent or fiduciary of such third party service provider, and the Owner shall not be construed as a party to any third party agreement. The Owner shall not be liable in any respect to any matter that arises or is in connection with such coaching services or any agreements entered into by a User for coaching services.GENERAL PROVISIONS
These Terms of Use contain the entire agreement between you and the Owner regarding the use of the Site and/or the Subscription Services and Membership, which supersedes any prior agreements between you and the Owner relating to your use of the Site or the Subscription Services and Membership.The failure of Owner to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that instance or any other instance.
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
You agree that the Owner is entitled to assign, transfer or sell its interest and ownership in the Site, Subscription Services and/or Site Content, whether in whole or part, to another party without notice, and that such assignment, transfer or sale shall result in the successor in title to the Site and Site Content being defined as the "Owner", "we", and "us" in these Terms of Use until further notice.