a. Collection of Personal Information. Take The Magic Step may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people (e.g., providers vs. patients) who use the Web site, allows us to verify a user’s identity and helps us tailor the Web site to our audience.
b. Use of Personally Identifiable Information. Take The Magic Step will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user’s prior consent except as may be required by federal, state or local law, or by exigent circumstances. That means that Take The Magic Step will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. Take The Magic Step also may use your profile information on an aggregate basis—without personal identifiers—to develop and display new features and content for the Web site, and to provide others with aggregate information about our users and the usage patterns of the Web site. Take The Magic Step also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Web site.
c. Use of Personally Identifiable Information. The Take The Magic Step® Web site also may provide user profile and contact data such as name, address, telephone number, city, state, job title, and workplace to other users through an online user directory and database. Other identifying information is not made available. Users of the Web site agree to use directory and database information for individual, personal and confidential reference purposes only and agree not to use the directory or databases, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes. Users of the Web site further understand and agree that their names and contact information may be posted on this site in a database for access by other users. Such users agree to hold Take The Magic Step harmless from any and all claims arising out of or relating to the publication or display of their names and/or contact information.
d. Retention of User Information. It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user’s activity in the system. Messages posted to bulletin boards are examples of user activities that are not feasible to delete.
e. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively “Interactive Areas”). Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the Web site, that information, along with any substantive information disclosed in the user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Take The Magic Step and Take The Magic Step is not responsible for the discoverability of any user’s identity by methods beyond our control.
f. Cookie Technology. Take The Magic Step collects non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the Web site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The Take The Magic Step system also automatically gathers information about the areas the user visits on the Web site and about the links the user may select from within the Web site to other Web sites.
g. Password Protected Areas. Take The Magic Step does not warrant or represent that the information you submit to the Web site will be protected against loss, misuse, or alteration by third parties. You are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform Take The Magic Step of any need to deactivate your user name or password. You permit Take The Magic Step and all other persons or entities involved in the operation of the Web site to transmit, monitor, retrieve, store and use your information in connection with the operation of the Take The Magic Step Web site. Take The Magic Step does not and cannot assume any responsibility or liability for any information submitted by you to the Web site or for your or third parties’ use or misuse of information transmitted or received through the Web site.
i. Security of Information. Take The Magic Step is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.
j. Release of Information to Comply with Legal Requirements or Government Request. Take The Magic Step reserves the right at all times to disclose any information uploaded to or appearing on the Web site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.
k. Removal of Information and Termination of Usage. Take The Magic Step reserves the right, but does not assume any responsibility, to (1) remove from the Web site any material posted by you which Take The Magic Step in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the Web site. However, Take The Magic Step can neither review all material prior to transmission on the Web site nor ensure prompt action with respect to objectionable material after it is transmitted on the Web site. Accordingly, Take The Magic Step assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. Take The Magic Step reserves the right to take any action it deems necessary to protect the personal safety of users of the Web site and the public, however, Take The Magic Step has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
l. Parental Permission. Take The Magic Step does not intend that children will use the Web site. Some of the information available on the Web site may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE WEB SITE. Adults should not assist unauthorized children to access the Web site. Take The Magic Step will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
LINKS TO OTHER WEB SITES AND ADVERTISING ON THE TAKE THE MAGIC STEP WEB SITE
THE WEB SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. TAKE THE MAGIC STEP MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. TAKE THE MAGIC STEP DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.
USE OF INTERACTIVE AREAS
Take The Magic Step may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Web site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the Web site, you grant to Take The Magic Step the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the Web site. Take The Magic Step does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the Web site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.
In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:
- Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by Take The Magic Step at its sole discretion;
- Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of Take The Magic Step or its users;
- Posting advertisements or solicitations of business without prior express written consent from Take The Magic Step in advance of making the posting;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Allowing any other person or entity to use your identification to post or view comments;
- Posting the same note more than once (i.e., “spamming”);
- Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection, or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws; or
- Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas, or which, in the judgment of Take The Magic Step exposes Take The Magic Step or any of its users or Sponsors to any liability or detriment of any type.
Take The Magic Step reserves the right but is not obligated to record the dialogue in public chat rooms. Take The Magic Step does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, Take The Magic Step may, but is not obligated to, investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Take The Magic Step reserves the right, but is not obligated, to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, Take The Magic Step reserves the right to terminate a user’s access to any or all Interactive Areas at any time, with or without notice, in the exercise of its sole discretion.
Take The Magic Step reserves the right, but is not obligated, to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of Take The Magic Step, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Take The Magic Step or others; or (iii) protect the personal safety of our users, Sponsors, or the public. TAKE THE MAGIC STEP HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
TAKE THE MAGIC STEP MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.
Any suspected violations of these Terms and Conditions or misuse of the Web site should be immediately reported to business@TakeTheMagicStep.com.
MISCELLANEOUS CONDITIONS OF USE
Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and Take The Magic Step with respect to the Web site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Web site shall be in the state or federal courts located in the State of Florida. You agree and submit to the jurisdiction of such courts.
If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. Take The Magic Step’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Take The Magic Step nor any trade practices shall be deemed to modify the Terms and Conditions.
BY ENTERING AND USING THE TAKE THE MAGIC STEP WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF TAKE THE MAGIC STEP THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS TAKE THE MAGIC STEP AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEB SITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEB SITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.