Terms
Terms of Service
Last Updated: April 16th, 2022
Contents
1) Welcome to Steader Life
1.1) Introduction
1.2) Modification to Terms of Service
1.3) Privacy (click link for Privacy Policy)
2) Damage and Medical Disclaimer
3) Access and Use of Services
3.1) Use Description
3.2) Registration Obligations
3.3) User Account, Password, and Security
3.4) Modifications to Service
3.5) Use and Storage General Practices
3.6) Mobile Services
3.7) Money Back Guarantee
4) Conditions of Use
4.1) User Conduct
4.2) Community Standards
4.3) Fees
4.4) Mobile Purchases
4.5) Commercial Use
5) Intellectual Property Rights
5.1) Content, Software, and Trademarks
5.2) Third Party Material
5.3) User Content
5.4) List-For-Fee Services
6) Third Party Websites
6.1) External Links
6.2) Affiliate Disclosure
6.3) Social Networking
7) Indemnity and Release
8) Disclaimer of Warranties
9) Limitation of Liability
10) Binding Arbitration & Class Action Waiver
11) Termination
12) Disputes Between Users
13) General
1) Welcome to Steader Life
1.1) Introduction
Steader Life, LLC (“Steader Life”, “we”, “us”, “our”) provides its services (described below) to users (“you”, “your”, “students”, “contributors”) through its websites located at steaderlife.com, steader.life, and steaderlifeacademy.thinkific.com (the “site(s)”), and through its mobile applications and related services (collectively, such services, including any new features and applications, and the site(s), the “service(s)”), subject to the following Terms of Service (the “Terms of Service”). Please read these Terms of Service carefully, as they govern your use of the sites and services, including arbitration and class action waiver, which affects your rights in the event of a dispute between us.
1.2) Modification to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the user interface, in an email notification, or through other reasonable means, and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions or changes made for legal reasons will be effective immediately. Your continued use of the services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain services, you will be subject to any additional applicable terms that may be posted from time to time.
1.3) Privacy
At Steader Life, we respect the privacy of our users. For details, please see our Privacy Policy. By using the services, you consent to our collection and use of personal data as outlined therein.
2) Damage and Medical Disclaimer
Steader Life services and content are for entertainment purposes only, have not been reviewed or approved by government agencies or other professionals. We are not doctors, attorneys, financial planners, engineers, or veterinarians. Steader Life only provides general information regarding homesteading topics and does not encourage the use or application of any content without first seeking professional guidance. You acknowledge and agree that the services are not intended to be, and will not be used as (a) a substitute for medical treatment by a health care professional or veterinarian, (b) a substitute for financial or business advice by a licensed professional, (c) a substitute for construction by a contractor. You hereby agree to consult a professional before initiating any project or action. You also acknowledge and agree to accept the inherent risks and dangers of participating in or applying any activity, method, or concept found within the services and content. Steader Life will not be liable for any injury, loss, or damages arising from your access or practice of the services or content.
3) Access and Use of Services
3.1) Use Description
The services, and any content viewed through our services, is solely for your personal and non-commercial use. With your Steader Life course purchase we grant you a limited, non-exclusive, non-transferable, license to access the content and view your course(s) through the services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Steader Life may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the services, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
3.2) Registration Obligations
You may be required to register with Steader Life in order to access and use certain features of the services. If you choose to register for the services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the services only with the approval of your parent or guardian.
3.3) User Account, Password, and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the services. If you fail to maintain control of a device, other users may access the services through your account and may be able to access your account credentials and/or personal information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Steader Life of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the services. We will not be liable for any loss or damage arising from your failure to comply with this section, nor are we accountable for lost login credentials.
3.4) Modifications to Service
We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Steader Life will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.
3.5) Use and Storage General Practices
You acknowledge that Steader Life may establish general practices and limits concerning use of the services, including without limitation the maximum period of time that data or other content will be retained and the maximum storage space that will be allotted on our servers on your behalf. You agree that Steader Life has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
3.6) Mobile Services
Certain services may be available via a mobile device, including (1) the ability to upload content, (2) the ability to browse the sites, and (3) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By providing your telephone number, you consent to receive calls and/or text messages at that number. We may share your phone numbers with our service providers (such as customer support and text message service providers) who we have contracted with to assist us in pursuing our rights under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Steader Life account information to ensure that your messages are not sent to the person that acquires your old number.
3.7) Money Back Guarantee
Unless otherwise noted during your purchase of the service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any service you purchase through a third-party marketplace, should you become dissatisfied with the service within the first 10 days after purchase, Steader Life will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 10 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at our sole discretion. If we determine that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the services without delivering a refund.
4) Conditions of Use
4.1) User Conduct
You are solely responsible for all code, videos, audio, images, information, data, text, software, music, sounds, photographs, graphics, messages, artwork, or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the services. Steader Life reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the service, suspending, or terminating the account of such violators, and reporting you to the law enforcement authorities.
You agree not to upload content that:
· infringes any intellectual property or other proprietary rights of any party
· violates any law, or contractual or fiduciary relationships
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
· poses or creates a privacy or security risk to any person
· constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation
· is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable
· restricts or inhibits any other person from using or enjoying the services, or which may expose Steader Life or its users to any harm or liability of any type
You agree not to use the services to:
· interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the services
· violate any applicable local, state, national or international law, or any regulations having the force of law
· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or solicit personal information from anyone under the age of 18
· harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
· advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized
· further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
· obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Steader Life or another user
4.2) Community Standards
Steader Life is an open community of believers in Yahuwah that live and love the rural homesteading lifestyle, and wish to both share and gain knowledge and experiences. We are connected by technology and united by a desire to grow His Kingdom and help families and communities grow stronger ties to each other and their homesteads. All courses are offered by contributors who determine their own content and format. While the education platform and its related features are our greatest source of strength, they also bring challenges. We want to ensure that Steader Life is a safe place for all users, and that we all treat each other with the utmost respect regardless of race, ethnicity, nationality, age, or skill level. Here are some guidelines that we ask our users to observe. We will create and enforce policies to create a high-quality, trusted, and safe platform for learning. This may include removing content or users from the services who do not meet these guidelines.
· be kind, safe, and respectful so that our sites and platforms are safe for all users
· course subjects and content are appropriate for specified age and skill level
· no referencing or debating on controversial scriptural topics unless expressly approved to submit a faith-centered course
· logins should not be shared, and content should not be distributed
· share feedback to Steader Life and other users in a constructive manner with best intentions
4.3) Fees
To the extent the services or any portion thereof is made available for any fee, you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant to Steader Life that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified for the services you choose, as well as any applicable taxes. You hereby authorize us to bill your payment instrument for the services you choose until you terminate your account. If you dispute any charges, you must let us know within thirty (30) days after the date of the charge. We reserve the right to change our prices. Your continued use of the services after price changes become effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the services other than U.S. taxes based on Steader Life’s net income.
4.4) Mobile Purchases
If you purchase any service through a mobile device or third-party marketplace, the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Steader Life. The third-party marketplace will be solely responsible for making refunds under its refund policy, and we will have no refund obligations. We disclaim any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
4.5) Commercial Use
Unless otherwise expressly authorized herein or by Steader Life in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the services, use of, or access to the services. The services are solely for your non-commercial, personal, entertainment use.
5) Intellectual Property Rights
5.1) Content, Software, and Trademarks
You acknowledge and agree that the services may contain content or features (“content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Steader Life, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the content, in whole or in part, except that the foregoing does not apply to your own user content (as defined below) that you legally upload. You agree not to not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods in connection to the services. If your access is blocked by Steader Life (including your IP address), you agree not to implement any measures to circumvent such blocking. Any use of the services or content other than as specifically authorized herein is strictly prohibited. The technology and software used in connection therewith are the property of Steader Life, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in these programs. Any rights not expressly granted herein are reserved. The Steader Life name, tagline, logos, products, services, and content are trademarks and service marks of Steader Life. Use of other product and service names and logos used and displayed via the services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Steader Life. Nothing in this Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks or logos displayed without our prior written permission in each instance. All goodwill generated from the use of our trademarks will inure to our exclusive benefit.
5.2) Third Party Material
Under no circumstances will Steader Life be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we pre-screen most content and reserve the right, in our discretion, to refuse or remove any content that violates these Terms of Service or is deemed to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.3) User Content
With respect to the content or other materials you upload through our services or share with other users or recipients (collectively, “user content”), you represent and warrant that you own all right, title, and interest in and to such user content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading use content, you hereby grant and will grant Steader Life, its affiliated companies and partners a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your user content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to your user content are non-confidential and we will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Steader Life, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.4) List-For-Fee Services
As the provider of an online marketplace, Steader Life provides an opportunity for contributors to offer courses to our students on a list-for-fee service agreement. Steader Life does not own, sell, or resell any courses submitted by contributors. In regard to contributor relationships, Steader Life’s responsibilities are limited to: (i) providing the submission and education websites in order to facilitate the sale, streaming, and purchase of contributor content, (ii) serving as the limited agent of each contributor for the purpose of accepting payments from students on behalf of the contributors, and redistributing those payments (minus our fees) to contributors as agreed, and (iii) providing customer service for students regarding course purchases, managing and tracking student information and statistics.
6) Third Party Websites
6.1) External Links
Our sites, services, content, affiliates, and users may provide links or other access to other websites and resources. Steader Life has no control over such websites and resources, and is not responsible for such websites and resources. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using our services are between you and the third party, and you agree that Steader Life is not liable for any loss or claim that you may have against any such third party.
6.2) Affiliate Disclosure
Steader Life may receive monetary compensation or other types of remuneration for endorsements, recommendations, testimonials and/or links to any products or services from our sites. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Clicking links or making purchases through an affiliate link does not cost users any extra. Any content that is sponsored by a company will clearly be identified as paid or sponsored content so you can make an educated decision about the item or topic. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such affiliate links.
6.3) Social Networking
When you enable or log in to our services via various social media websites, this integration may require them to provide us with access to certain information that you have provided, and we will use, store and disclose such information in accordance with our Privacy Policy. The manner in which third-party websites use, store and disclose your information is governed solely by the policies of such third parties, and Steader Life shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be integrated with our services. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available within our online user forums. As such, Steader Life is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information.
7) Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Steader Life and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the services, any user content, your connection to the services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8) Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEADER LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STEADER LIFE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY STEADER LIFE ON CONTRIBUTORS ARE SOLELY FOR ITS OWN BENEFIT. STEADER LIFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
9) Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEADER LIFE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STEADER LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL STEADER LIFE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STEADER LIFE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
10) Binding Arbitration & Class Action Waiver
You and Steader Life agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute and your contact. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted in or at the nearest possible location to Greenup County, KY unless you and we both agree to another location or telephonic arbitration. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Steader Life shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $1,000 unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Steader Life is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $100 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND STEADER LIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief. YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND STEADER LIFE REGARDING ANY ASPECT OF THE SERVICES AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
11) Termination
You agree that Steader Life, in its sole discretion, with or without notice, may suspend or terminate your account (or any part thereof) or use of the services and remove and discard any content within the services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of services, may be referred to appropriate law enforcement authorities. We may also at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that Steader Life may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the services.
12) Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the services and Steader Life will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user.
13) General
These Terms of Service constitute the entire agreement between you and Steader Life and govern your use of the sites and services, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Steader Life agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within or near Greenup County, Kentucky. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Steader Life, but we may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Steader Life be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. We may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on our sites.