|This Agreement sets forth the terms and conditions of Your use of the Steps To Literacy website. and explains Steps To Literacy obligations to You and Your obligations to Steps To Literacy.
This Agreement along with any other or additional Steps To Literacy policies, together with any modifications that may be made hereto, constitute the complete and exclusive agreement between You and Steps To Literacy. This Agreements supersedes all prior proposals, agreements, or other communications. All Steps To Literacy policies and agreements specific to use of the Steps To Literacy web site are incorporated herein and are made part of this Agreement by reference.
You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Steps To Literacy may establish from time to time, and any agreements that Steps To Literacy is currently bound by or will be bound by in the future.
You understand and agree that Steps To Literacy operates this website on a commercial basis and that in consideration of your use of the site, you agree that you are bound to the terms and conditions herein with regard to your use of this website, and you agree to be bound as to any use and/or transactions undertaken on your behalf by anyone acting as Your Agent or otherwise using your account whether or not the transactions were in Your behalf. You acknowledge that Steps To Literacy' acceptance of any request for price information and/or Steps To Literacy' sales contract or other contract related to the use of the web site will take and/or is deemed to have taken place at Steps To Literacy' offices located in Bound Brook, NJ, USA.
The following additional terms and conditions apply:
1. Term of Agreement and Modification:
You agree that Steps To Literacy may modify this Agreement at any time and you agree to be bound by all changes that Steps To Literacy may reasonably make hereto. If You conclude any purchase or other transaction with Steps To Literacy the term of this Agreement shall continue in full force and effect as long as you (or your successors or assigns in interest to the subject of any transaction.
You represent that you have provided and will continue to provide accurate and correct information to Steps To Literacy and understand that Steps To Literacy has relied and will continue to rely materially on each representation of fact that you have made in the past and will make in the future, including but not limited to your representations regarding your representative capacity. You agree to respond within 5 days to any request by Steps To Literacy for information related to the transactions that form the basis for your use of the web site.
4. Unlawful and/or Improper Use of Domain Names
As a condition of Your use of Steps To Literacy' web site, you agree that you will not use any information obtained herein for purposes that violate the laws of any state, country or other jurisdiction, including without limitation all laws relating to copyright, trademark, spam, and other inappropriate use. You agree specifically that you will not infringe upon the intellectual and other property rights of any person. You agree to indemnify and hold harmless Steps To Literacy for any harm arising out of your wrongful and/or improper use of this web site.
5. Steps To Literacy' Intellectual and other Property Rights
You agree that Steps To Literacy holds all rights, title and interest in and to the name Steps To Literacy, and you acknowledge that no license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise
6. Payments and Collections
Notwithstanding any other provision of this Agreement, in the event that Steps To Literacy finds it necessary to bring suit to collect any monies owed it by You, you agree and submit to personal jurisdiction in the courts of Somerset County, New Jersey, and agree that the laws of the State of New Jersey will govern any such claims.
In any lawsuit between You and Steps To Literacy, you waive the right to a jury trial and waive the right to remove any matter to Federal Court from the courts of Somerset, New Jersey or any other state court.
You further agree to pay all actual attorneys fees and costs involved in the collection of such monies, including all additional post-judgment costs and fees related to enforcement of any judgment entered against you.
7. Your Representations and Warranties to Steps To Literacy
You, or the individuals who electronically agree to this Agreement on your behalf represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party.
Steps To Literacy expressly reserves the right to deny transactions with any person if in its sole discretion it determines that such transaction would conflict with any applicable laws, government rules or requirements, requests of law enforcement, dispute resolution process, or to avoid any liability, civil or criminal, on the part of Steps To Literacy , as well as its affiliates, subsidiaries, officers, directors and employees.
8. Limitation of Liability
Steps To Literacy shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, even if Steps To Literacy has been advised of the possibility of such damages.
In the event that any state does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, Steps To Literacy' liability is limited to the full extent that is permitted by law. You agree that in no event shall Steps To Literacy' maximum aggregate liability exceed the total amount paid by You for the particular Product.
You agree to defend, indemnify and hold harmless Steps To Literacy and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your use (including Your agents affiliates, or anyone acting on your behalf) of the web site. You agree to indemnify and hold Steps To Literacy harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You elsewhere. Should Steps To Literacy be notified of a pending law suit, or receive notice of the filing of a law suit, Steps To Literacy may seek a written confirmation from You concerning Your obligation to indemnify Steps To Literacy . Your failure to provide such a confirmation may be considered a breach of this agreement.
You agree that Steps To Literacy shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Steps To Literacy of any such claim promptly in writing and to allow Steps To Literacy to control the proceedings. You agree to cooperate fully with Steps To Literacy during such proceedings.
You agree to cooperate fully with Steps To Literacy during such proceedings. You agree You will not be entitled to a refund of any fees paid to Steps To Literacy if, for any reason, Steps To Literacy takes corrective action with respect to Your improper or illegal use of its services.
11. Venue; Choice of Law; Jury Trial Waiver
This agreement shall be deemed entered into in the State of New Jersey. The laws and judicial decisions of New Jersey shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Somerset County, New Jersey.
You agree, except for notices of breach of this agreement, Steps To Literacy may post all notices on the web site. Notices relating to breach will be sent by regular mail to the address you have provided and are deemed to have been received 5 days after the date on which they were sent. You shall send all notice to Steps To Literacy at the address provided on the Steps To Literacy Web site, or first class mail to Steps To Literacy' address at:
Steps To Literacy, PO Box 6737, Bridgewater, NJ 08807
13. Headings and Captions
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
14. Entire Agreement.
You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and Steps To Literacy regarding the use and/or purchase of domain names, and that any change and/or modification must be approved and in writing.
The failure of Steps To Literacy to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Steps To Literacy thereafter to enforce such provisions.
16. No Third Party Beneficiary
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement
Steps To Literacy.com does not intentionally infringe upon the rights of any trademark and/or copyright holder.
18. Binding Effect.
This agreement is binding on the You, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees.