Last updated: February 23, 2021

READ BEFORE USE

This Terms of Use Agreement (“Agreement”) states the Terms and Conditions (“Terms”) between Step It Up Erie County and you, including those you represent in use and participation, (“You”, “Your”, “User”) and governs your use of this website (the “Website”), with a homepage located at www.stepituperiecounty.org, participation in Step It Up Erie County affiliated activities and use of content and materials of the website and programs, including the content contained therein and therefrom, including text, graphics, videos, news, and other materials (tangible and intangible).

This agreement is subject to change at any time, effective upon posting on the website, and your use of the website or the service after such posting will constitute acceptance by you of such changes. By accessing the website or participating in any Step It Up Erie County affiliated activities, you consent to this Agreement and Terms.

If you have any queries regarding these Terms, please contact us.

Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms:

• Country refers to: North Carolina, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Step It Up Erie County managed by Perry Productions, 41 Edgewood Avenue NE, Concord, NC 28025.
• Device means any device that can access the service such as a computer, a cell phone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the company regarding the use of the service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the service.
• Website refers to Step It Up Erie County, accessible from https://stepituperiecounty.org/
  
• You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

Agreement

By using this website, you agree to be bound by these Terms. Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice. If you disagree with any part of these Terms then you may not access the service.

These are the Terms and Conditions governing the use of this service and the agreement that operates between you and the company. The Terms set out the rights and obligations of all users regarding the use of the service. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the application or the website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.

Step It Up Erie County does not permit those under 13 to use the service. By accepting these Terms, you agree that you are over the age of 13. If you are between the ages of 14-17, you agree that you have parental consent to use this website and our services.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the service will cease immediately.

Links to Other Websites

Our service may contain links to third-party web sites or services that are not owned or controlled by the company.

The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

User Content and Submissions

Material (including without limitation, text, images, audio material, video material, etc.) (“User Material”) that you submit to the website or through social media channels connected to Step It Up Erie County, for whatever purpose, must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Step It Up Erie County, or a third party that is affiliated with Step It Up Erie County (in each case under any applicable law). You must not submit any user material to the website or for the program that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You are responsible for providing accurate, current and complete information in connection with your use of this website and the submission of user material to the website or the program. You are solely responsible for any user material that you submit, publish or display (hereinafter, “post”) on the website or transmit to others through third parties affiliated with Step It Up Erie County.

You agree that you will not use third party websites, such as the Step It Up Erie County Facebook Group, to communicate or transmit to other users any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringed or violates any party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You understand and agree that Step It Up Erie County may review and delete any user material, that in the sole judgment of Step It Up Erie County, violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the website or program.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or 100 USD if you haven’t purchased anything through the service.

To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By email: getmoving@stepituperiecounty.org