Effective Date: May 1, 2019
Legally Binding Agreement
This page contains our Terms of Service for the use of the StepUp App and Services by individual persons who are single and capable and able of entering into a romantic relationship to meet and communicate with other single persons who may be interested in entering into a potential dating relationship (“Registered Users”, “Users”, “You”, “Your”). These Terms of Service set forth the legally binding contractual rights, obligations, and remedies between Cotery and Users. By using the StepUp App, You agree to comply with and be bound by these Terms of Service (the “Terms”).
Changes And Modifications
These Terms of Service are effective as of May 1, 2019. Cotery may update, change or modify the Terms from time to time. Cotery may decide to discontinue the Services at any time. Notices of any updates, changes or modifications may be made through their posting on this site. Cotery may provide additional notices to Registered Users via email or other communications, including communications with the StepUp App.
Terms Specific To Users And Registration
To utilize the StepUp App and Services, You must complete StepUp App’s registration process, which includes creating a user-specific account (“Account”). An Account must be created and maintained to use the StepUp App and Services.
To create and maintain an Account, You must complete the registration process by providing complete and accurate information requested on the registration form and as may be later requested by Cotery. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the Account, username, or password of someone else at any time. Only You may personally use your Account. You agree to notify Cotery immediately on any unauthorized use of Your Account, user name, or password. Cotery shall not be liable for any loss or injury that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses or injury incurred by Cotery or its affiliates and agents due to someone else’s use of Your Account or password.
Required Rules Of Conduct For Users And Compliance Matters
All Users are responsible to ensure that their respective actions and conduct in using the StepUp App and Services conform with the Required Rules Of Conduct for Users. Your use of the StepUp App requires that you abide by the following rules and standards of conduct. Failure to follow these rules can result in suspension or termination of your account and membership:
You must be 18 years of age.
You may not have a criminal record.
You may create an account for your personal use only. You may not permit or allow any other person to use your account.
You may use the StepUp App for its intended purpose only – To meet and communicate with other single persons who may be interested in entering into a potential dating relationship.
You must be available and capable of entering into a new dating relationship and not have an established monogamous romantic partner.
You may not present images or pictures of any person other than yourself.
You must be truthful, respectful, and considerate to other Users in all content you present or communicate through your account. You may not present any content that is in any way threatening, defamatory, abusive, bullying, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, bigoted, pornographic, indecent, discloses non-public information about any third party, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
You may not record, photograph, or in any way capture images, video, audio or other content presented by any Users with whom you interact through the StepUp App.
You are responsible for all content you present through your account, and you assume all liability regarding any information and content you present through the StepUp App.
Your conduct must comply with all applicable local, state, and national laws, rules, and regulations in your use of the StepUp App.
You must exercise diligence and caution in using the StepUp App. (We do not conduct background checks or verify the identification of our Users. We do not guarantee that the other Users are safe people to meet or otherwise. We are not responsible for the conduct of other Users on or off of the StepUp App.)
StepUp App reserves the sole discretion to determine whether to suspend or terminate an account of a User for violations of these Rules Of Conduct.
You agree not use the StepUp App or Services to purchase, transmit, transfer or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property, proprietary or privacy rights. You, and not Cotery, shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information or content you provide or transmit.
You agree not to use the StepUp App or Services to transmit or otherwise distribute any content that is libelous, defamatory, obscene, pornographic, abusive, or threatening, or advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. Cotery intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
Reporting Suspected Violations Of Terms Of Service
If You discover any violation of the Terms Of Service or the Required Rules Of Conduct by others, please report it to us at firstname.lastname@example.org. You may also use this address to contact us with any questions you may have about the Services.
Violation Of Terms Of Service
Cotery reserves the right to suspend or terminate Your Account or use of the StepUp App and Services immediately, with or without notice to You, and without liability to You, if Cotery believes that You have violated any of the Terms, furnished Cotery or other Users of the Services with false or misleading information, or in any way interfered with use of the StepUp App or Services by others. To ensure that Cotery provides a high quality experience for you and for other users of the Services, you agree that Cotery or its representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, misconduct, violation of the Terms of Service, violation of the Required Rules Of Conduct, infringement of third party rights, or other unauthorized uses of the Services.
LIMITATION OF LIABILITY AND NO WARRANTY OF COTERY
COTERY’S LIABILITY TO YOU IS LIMITED. To the maximum extent permitted by law, in no event shall Cotery be liable for any special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of such damages, arising out of or in connection with Your use of the StepUp App or Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Cotery is making the StepUp App and Services available “as is” without warranty of any kind. Cotery expressly disclaims any express or implied warranty of merchantability, fitness for a particular purpose, or non-infringement. You assume the risk of any damage, loss or injury from use of or inability to use the StepUp App or Services. Cotery does not warrant that the StepUp App or Services will be uninterrupted or error-free.
Additional Contractual Terms
Indemnity. You agree to indemnify, defend and hold harmless Cotery, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, loss, liability, damages and or costs, including reasonable attorney fees, arising from your misuse or inappropriate use of the Services, your violation of the Terms, or your infringement or infringement by any other user of your account of any intellectual property or other right of any person or entity. Cotery will notify You promptly of any such claim, loss, liability, damage or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Severability. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Term to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. You agree that any term or condition found to be unenforceable shall be rectified and interpreted in such a way that clause containing the term or condition closely resembles the original meaning of the clause, term or condition as permitted by law.
No Waiver. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Resolution Of Disputes. Any dispute or claim arising out of or relating to these Terms, any actions or inactions by Cotery, or Your use of the Services shall be resolved by mediation or final, binding arbitration to be held in the County of San Francisco or County of San Mateo, California. The arbitration shall be conducted in accordance with the rules of JAMS. Judgment may be entered on any final decision of the arbitrator in accordance with applicable law in any court having jurisdiction to enforce such decision. The costs of the arbitration shall be shared equally between the parties. At least 45 days prior to any arbitration hearing, the parties must engage in good faith mediation to attempt to resolve their dispute or claims.
Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of San Mateo or County of San Francisco, California in all disputes arising out of or related to the use of the StepUp App or Services.
Cotery strives to resolve issues and concerns when when they first arise. If You have any complaints, questions or concerns about Cotery’s Services, these Terms, or Your Account, please contact Cotery: