Last Updated: 4/10/23

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS AND PRIVACY POLICY, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF THE DATE OF YOUR ACCEPTANCE.

You are prohibited from using this service if: (1) you do not agree to the terms and conditions, (2) you are under 13 years of age, or (3) you are a competitor service.

 

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Steppingblocks, Inc, also known as "Steppingblocks", “Us”, or "We", located at 3423 Piedmont Road Northeast,  Atlanta, Georgia 30305 and our subsidiaries and affiliates, in association with the use of the Steppingblocks website, which includes www.steppingblocks.com and all subdomains thereof. 

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an education/career planning website which has the following description:

To help users plan out the next stages of their life using data and resources.

Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Steppingblocks, Inc. At its discretion, we may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this TOS shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Steppingblocks, Inc does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Steppingblocks, Inc shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this TOS and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such we shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

 

FREE TRIAL & SERVICES – INDIVIDUALS

Free trials for individuals, excluding academic institutions, will convert into paid subscriptions unless terminated prior to the trial end date.

Some portions of the Services may be provided free. Free Services provided by Us are still subject to these terms of use. In other cases, access to additional premium Services may be subject to Your agreement to pay fees. Such agreement shall be set forth in the order processing system which identifies the nature and amount of the premium Services that You are ordering, the term of such access, the fees charged for such Services, and other conditions related to such premium Services. Unless specifically stated in a custom Services order, all fees are non-refundable, and Steppingblocks may terminate access to the premium Services immediately upon non-payment of such fees when due.

 

REGISTRATION

To register and become a "member" of the Site, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, we may collect information including, but not limited to, your name, e-mail address, birth date, gender, occupation, education, school year, desired school, and personal interests. You can edit your account information at any time. Once you register with Steppingblocks and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Steppingblocks, Inc will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the TOS, and as such refuse any and all current or future use of Steppingblocks, Inc Services, or any portion thereof.

 

AUTO-RENEWAL - INDIVIDUALS

If you purchase an individual, excluding academic institutions, service or subscription, you expressly authorize Steppingblocks to automatically renew your service or subscription for successive renewal terms each equal in length to the initial term purchased by you, at the purchase price for your initial term (plus any/all applicable taxes and other fees and charges), unless Steppingblocks notifies you of a price change, using the payment information you provided for your initial purchase, unless you cancel before the date of renewal.

 

PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the Steppingblocks Online Privacy Policy (see the full Privacy Policy at https://www.steppingblocks.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Steppingblocks and/or our subsidiaries and affiliates. Steppingblocks will never share personal data without user consent, but may share specific de-identified data that can not be linked to the individual user.

 

PARENTS

If you have a parent account, you will be provided with access to the parent dashboard. You do hereby acknowledge that you will have access to the personal information and site activity relating to members signed up under your parent token. You are responsible for maintaining the confidentiality of each end member’s username and password as well as any personal information to which you are made privy as a result of your access. You will ensure that no personal information is disclosed to any third party including any other user except as otherwise permitted under the TOS. You will not use, copy or permit the use or copying of any personal information or materials relating to the personal information except where your professional duties so require. Personal information includes, but is not limited to, name, email address, birth date, school year, education/career interests, search activity, task activity, personality type, and schools/companies that interest the member.

 

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify us immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Steppingblocks shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

You may not and covenant not to disclose, share or distribute access credentials (login information) to allow anyone other than You (or in the case of a business/organization use permitted in a custom order, a business/organization) to login and use the Service as You. You covenant to maintain such login credentials confidential and secure from unauthorized access or use.

 

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, infographics, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual or organization from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by us.

Furthermore, you herein agree not to make use of Steppingblocks, Inc's Services for the purpose of:

1. a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. b) causing harm to minors in any manner whatsoever;
3. c) impersonating any individual or entity, including, but not limited to, any Steppingblocks officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
10. j) interfering with or disrupting any Steppingblocks, Inc Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
12. l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
13. m) "stalking" or with the intent to otherwise harass another individual; and/or
14. n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
15. o) re-selling the data or service provided
16. p) attempting to sell other products to users on the platform
17. q) scraping or harvesting data from the platform

Steppingblocks herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Steppingblocks herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. a) compliance with any legal process;
2. b) enforcement of the TOS;
3. c) responding to any claim that therein contained content is in violation of the rights of any third party;
4. d) responding to requests for customer service; or
5. e) protecting the rights, property or the personal safety of Steppingblocks, its visitors, users and members, including the general public.

Steppingblocks herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Steppingblocks or any other content providers supplying content services to Steppingblocks. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

 

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using www.steppingblocks.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Steppingblocks shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

1. a) The content submitted or made available for inclusion on the publicly accessible areas of Steppingblocks’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Steppingblocks’ sites, and shall terminate at such time when you elect to discontinue your membership.
2. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Steppingblocks’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Steppingblocks’ sites and shall terminate at such time when you elect to discontinue your membership.
3. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Steppingblocks’ sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Steppingblocks, Inc's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

 

AVAILABLE REMEDIES

We do not validate, error check or otherwise confirm the truth or accuracy of data and information posted on the Services; nor do we review or warrant the quality or accuracy of information and data that You may acquire from the Service. You agree not to sue or make any claim of any kind against us regarding information or data posted or available on the Services. When we become aware of any incorrect information, data, harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion, we may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Services, removing or deleting the your account (and preserving the related data in case of any claim by a third party) or any other action we deem appropriate. We may be required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement, and we may do so by disabling an entire page or record, instead of disabling solely the allegedly infringing content. The sole and exclusive remedy for any claim against us shall be for us to repair, replace or remove erroneous or illegal information or data.

 

CONTRIBUTIONS TO COMPANY WEBSITE

Steppingblocks provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

1. a) your contributions do not contain any type of confidential or proprietary information;
2. b) Steppingblocks shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. c) Steppingblocks shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
4. d) the contributor's Contributions shall automatically become the sole property of Steppingblocks; and
5. e) Steppingblocks is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

 

INDEMNITY

All users and/or members herein agree to insure and hold Steppingblocks, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  Steppingblocks Services or your connection with these Services, your use of any information from Services, your use of our intellectual property, your violations of the TOS or Privacy Policy and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Steppingblocks Sites or Services.

 

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Steppingblocks may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Steppingblocks, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Services, the maximum disk space allowable that shall be allocated on Steppingblocks’ servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.  In addition, you also agree that Steppingblocks has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Steppingblocks shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

 

MODIFICATIONS

Steppingblocks shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

 

TERMINATION

As a member of our Site, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to team@steppingblocks.com.

As a member, you agree that Steppingblocks may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
2. b) by way of requests from law enforcement or any other governmental agencies;
3. c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
4. d) unexpected technical or security issues and/or problems;
5. e) any extended periods of inactivity;
6. f) any engagement by you in any fraudulent or illegal activities; and/or
7. g) the nonpayment of any associated fees that may be owed by you in connection with your Site account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with shall include any and/or all of the following:

1. a) the removal of any access to all or part of the Services offered within Site;
2. b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. c) the barring of any further use of all or part of our Services.

 

THIRD PARTY SERVICES AND PUBLIC FORUMS

The Services may contain features designed to interoperate with third-party applications (e.g., Google, LinkedIn, Udemy, Facebook, Twitter applications). To use such features, you must have an account with such applications. If the provider of any such third-party application ceases to allow us to integrate on reasonable terms, we may cease providing such features without entitling you to any refund or other compensation. The Services include features that facilitate your use of third party publicity applications (e.g., Google, Facebook or Twitter) and/or public forums. The Services will tell you when your data is being submitted in a manner that will be posted to a public forum. When you submit data using these features of the Services, we and such public forums only grant you the right to use the Services on a through-to-the-audience basis. Neither we nor such public forums shall have any liability to you or any third party for data uploaded to, transmitted or publicly performed through the Service and made publicly available through such a public forum.

 

LINKS

Either Steppingblocks or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Steppingblocks shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

 

AUTOMATED PROCESSING

We may use the information, activity, and data that you create and/or provide and that we have about users to make recommendations for content and features that may be useful to you. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

 

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Steppingblocks’ Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Steppingblocks or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Steppingblocks Services or content, in whole or part.

All words, pictures, content, graphs, charts, data and other matters presented or made available on the Service sourced from Steppingblocks are our or third-party’s proprietary property and copyrighted. This content, information, and data is for your own personal purposes only. For the avoidance of doubt You are specifically not authorized to access, and not authorized to use, any content, data, or information on the Services, for any business/organizational purpose other than to view information about your members. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Services, You are not authorized to use, and You specifically covenant that that You will not use, any information on the Services to: (i) provide access to the information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the information to anyone else or to allow someone else to use the information on the Services; (ii) download any information on this Service (except for Your personal, or as applicable, organizational use); (iii) sell the information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the information for free to anyone; (v) make any more than one print copy of the information for Your personal (or if applicable business) use; (vi) republish the information; (vii) make any alterations, additions or other modifications to the information; or (viii) use the information to compete, directly or indirectly, with Steppingblocks.

Steppingblocks herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Site or Services. Furthermore, you do herein agree not to alter or change the software in any manner, nature or form, and as such, not to use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Steppingblocks for use in accessing our Services.

 

DIRECT DATABASE ACCESS PROHIBITED

You may not directly access Our database except (1) via the standard /browser/graphic user interface; or (2) via Our application program interface (API), after agreeing to Our API license agreement (and then, only when You access in compliance with the terms of said API license). You may not use (and We do not consent to) any robot, script, or other automated tool to access or use the Site or Services, any information, or any data or the database. You may not manually access or copy the database, information or Services or any part of thereof, except solely and exclusively in accordance with this TOS. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing the Services for its search engine database (as long as the result of a query to such search engine returns a link back to the Services), and the search engine is not re-presenting the information in a manner that is or would be competitive to the Services, or using the information to present in a search query response to a user, links to competing websites.

 

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. a) THE USE OF STEPPINGBLOCKS’ SITE, SERVICES, AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SITE, SERVICES, AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. STEPPINGBLOCKS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. b) STEPPINGBLOCKS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) STEPPINGBLOCKS’ SITE, SERVICES, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) STEPPINGBLOCKS’ SITE, SERVICES, OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE STEPPINGBLOCKS’ SITE, SERVICES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE, SERVICES, OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITE, SERVICES, OR SOFTWARE SHALL BE CORRECTED.
3. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF STEPPINGBLOCKS’ SITE, SERVICES, OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM STEPPINGBLOCKS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SITE OR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT STEPPINGBLOCKS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. a) THE USE OR INABILITY TO USE OUR SERVICES;
2. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.

 

RELEASE

In the event you have a dispute, you agree to release Steppingblocks (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

COMMUNICATIONS DECENCY ACT NOTICE

We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or by visiting www.ftc.gov.

 

ELECTRONIC COMMUNICATIONS

You agree to transact business with Steppingblocks using electronic communications, either via web forms on the Services, or via email. Electronic communications will be deemed received by You when Your email or other electronic communication system reports that any email/communication we send You, has been received by Your system, regardless of whether You ever actually open or read such communication. We may, but are not required, to use return receipt requests. Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from us concerning any subject matter, via electronic email or other electronic communication. It is Your responsibility to maintain a valid email address and electronic communication service addresses, and we may terminate Your access to the Service at any time that we determine You are in violation of this TOS, or fail to maintain a valid electronic communication address.

 

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Steppingblocks, Inc trademarks, copyrights, trade name, service marks, and other Steppingblocks logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Steppingblocks, Inc. You herein agree not to display and/or use in any manner the Steppingblocks logo or marks without obtaining Steppingblocks prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Steppingblocks will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Steppingblocks may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. c) A description of the location of the site which you allege has been infringing upon your work;
4. d) Your physical address, telephone number, and email address;
5. e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Steppingblocks Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

Mailing Address:

Steppingblocks, Inc

Attn: Copyright Agent

3423 Piedmont Road Northeast

Atlanta, Georgia 30305

Email: team@steppingblocks.com

  

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Steppingblocks and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Steppingblocks’ Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Steppingblocks Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Steppingblocks with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Steppingblocks shall be filed within the courts having jurisdiction within the County of Fulton, Georgia or the U.S. District Court located in said state. You and Steppingblocks agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Steppingblocks fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

To the extent allowed by law, the English language version of this TOS is binding and other translations are for convenience only. This TOS (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this contract, that does not mean that we have waived our right to enforce this TOS. You may not assign or transfer this contract (or your membership or use of services) to anyone without our consent. There are no third-party beneficiaries to this TOS.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your membership and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within the statute of limitations after said claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

Please report any and all violations of this TOS to Steppingblocks, Inc as follows:

Mailing Address:

Steppingblocks, Inc

3423 Piedmont Road Northeast

Atlanta, Georgia 30305

Email: team@steppingblocks.com