EQUAL OPPORTUNITY EMPLOYER
ALWAYS A STEP ABOVE Inc. is an Equal Opportunity Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, marital status, gender identity/expression, sexual orientation, national origin, genetics, pregnancy, disability, age, veteran status, or other unique characteristics.
Website Privacy Policy
Last modified: 4-15-23
Introduction
Always A Step Above, Inc. ("Company" or "We") respects your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website Alwaysastepabove.org (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
· On this Website.
· In email, text, and other electronic messages between you and this Website.
· Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
· Us offline or through any other means, including on any other website operated by Company or any third party[ (including our affiliates and subsidiaries)]; or
· Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any [personal] information to [or on] the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at aasarwalker@outlook.com.
Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see your State Privacy Rights for more information.
Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Website, including information:
· By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline] ("personal information");
· That is about you but individually does not identify you; and/or
· About your internet connection, the equipment you use to access our Website, and usage details.
We may collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties, for example, PayPal or BambooHR.
Information You Provide to Us
The information we collect on or through our Website may include:
· Information that you provide by filling in forms on our Website. We may also ask you for information when you report a problem with our Website.
· Records and copies of your correspondence (including email addresses), if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of donations you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing a donation through our Website and/or PayPal.
· Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable.
Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions.
Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Website according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
· Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers.
These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our website.
The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used.
If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
· To present our Website and its contents to you.
· To provide you with information, products, or services that you request from us.
· To fulfill any other purpose for which you provide it.
· To notify you about changes to our Website or any products or services we offer or provide though it.
· To allow you to participate in interactive features on our Website.
· For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and/or services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our terms of use [INSERT AS LINK TO WEBSITE'S TERMS OF USE].
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Always A Step Above, Inc., our users and affiliates, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Residents of certain states may have additional personal information rights and choices. Please see your State Privacy Rights for more information.
For example, California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:
· Confirm whether we process their personal information.
· Access and delete certain personal information.
· Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
· Data portability.
· Opt-out of personal data processing for:
· targeted advertising (excluding Iowa);
· sales; or
· profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
· Either limit (opt-out of) or require consent to process sensitive personal data.
The exact scope of these rights may vary by state.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to the designated address.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions are via PayPal and subject to its security measures.
The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
or at the following address:
Always A Step Above, Inc.
Attn: Robert J. Walker, C.D.O.
146 Pine Grove Circle
Suite 100A
York, Pennsylvania 17403
TERMS OF SERVICE
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
OVERVIEW
This website is operated by Always A Step Above, Inc., a Non-Profit Corporation organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of providing support services and tools to adults with developmental disabilities and autism to live meaningful lives of their choosing, including providing residential, companion, employment, home and community, and respite services (collectively, “Services” or each a “Service”). Throughout the site, the terms “we”, “us” and “our” refer to Always A Step Above, Inc. We offer this website, including all Services, information, tools and programs available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website or, at our option, by sending a notice to the primary email address we have on file for you. Your continued use of or access to the website following the posting of any changes and/or notice to you via email constitutes acceptance of those changes.
Note to Social Media Users. When accessing services, submitting applications, and making donations on this Website, and while using our Website in general, our LinkedIn profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User's Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
○ http://www.facebook.com/legal/terms (Facebook's Statement of Rights and Responsibilities);
○ http://www.snap.com/en-US/terms/ (SnapChat's User's Agreement);
○ https://twitter.com/tos (Twitter's Terms of Service);
○ https://help.instagram.com/478745558852511 (Instagram's Terms of Service);
○ https://www.linkedin.com/legal/user-agreement (LinkedIn's User Agreement);
○ https://policy.pinterest.com/en/terms-of-service (Pinterest's Terms of Service); and
○ http://www.google.com/intl/en/policies/terms (Google's Terms of Service).
WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your privileges as a user of the website and will constitute a breach of any Consulting Agreement you may have with us.
DISCLAIMERS REGARDING SERVICES
Alwaysasteopabove.org is an educational and instructional website offering employment opportunities and applications, information about our organization, services, events, and other educational and instructional materials designed to assist individuals.
Always A Step Above, Inc. is not registered as a broker-dealer, investment adviser or securities professional in the United States or any other country. The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such.
Always A Step Above, Inc. is not a licensed physician and the information provided on this website does not constitute medical advice or any other sort of advice and you should not treat any of the website’s content as such.
The appearance of third party advertisements and hyperlinks on Alwaysasteopabove.org does not constitute an endorsement, guarantee, warranty, or recommendation by Always A Step Above, Inc. . Do conduct your own due diligence before deciding to use any third party services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Personal information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the content on our website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
TERMS AND CONDITIONS FOR APPLICATIONS, WEBINARS, SERVICES AND OTHER EDUCATIONAL AND INSTRUCTIONAL MATERIALS
Our Services. As part of our Services, we may provide a variety of applications, webinars, tutorials, workshops, courses, and other educational and instructional Services and materials relating to our Services.
Ownership of Services, Materials, and Other Information. All intellectual property and ownership rights of any kind (such as copyright throughout the world and moral rights) to the Services, training and consulting programs, and all materials, PowerPoint slides and other documents developed by Always A Step Above, Inc. and used in the Services (the “Materials”), shall remain with Always A Step Above, Inc. at all times. For the avoidance of doubt, Materials may not be published or disseminated; Materials are for the sole and exclusive use of Service participants unless agreed otherwise by Always A Step Above, Inc. in writing. Always A Step Above, Inc. has no obligation to keep the Materials up to date following the expiration or termination of this Agreement.
Donations; Payment. We do appreciate your much needed support via donations to Always A Step Above, Inc., a 501(c)(3) non-profit organization, in order to allow us to continue to provide life-changing services to individuals.
When making donations, you will be directed to PayPal and subject to its Terms of Service and other agreements. (https://www.paypal.com/us/legalhub/useragreement-full)
Employment Opportunities; Applications. Your application for employment does not necessarily assure that we will accept your application. We reserve the right to refuse any application in our sole discretion. In addition, before accepting your application, we may require additional information if you have not provided all of the information required by us to complete your application. Upon utilizing Alwaysastepabove.org to submit an employment application, you will be directed to the BambooHR website and subject to its Terms of Service and other agreements (https://www.bamboohr.com/legal/terms-of-service).
Payment Terms. Always A Step Above, Inc. currently accepts PayPal® but will add a 4% surcharge to cover the PayPal® fees. By submitting your order, you represent and warrant that you are authorized to use the designated credit card or PayPal® account and authorize us to charge your order (including taxes, shipping and handling) to that card or account. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for Services by credit card or PayPal® and subsequently “charge back” your purchase through your merchant account provider, Always A Step Above, Inc. reserves the right to terminate these Terms of Service in addition to any and all available remedies at law or in equity.
CONSULTING SERVICES
Always A Step Above, Inc. may provide customized training or investigative services to you under the terms of a separate Agreement between you and your organization and us. Descriptions of our training and investigative services on this website are subject to change without notice.
We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
We reserve the right, but are not obligated, to limit the provision of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services we offer. All descriptions of Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
OPTIONAL TOOLS
We may provide you with access to third party tools or services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD PARTY LINKS
Certain content, resources and services available via our website may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
INFRINGEMENT POLICY
Always A Step Above, Inc. respects the intellectual property of others, and we ask our users to do the same. Always A Step Above, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on our website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that any content you contributed to the website that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the United States District Court for the Middle District of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Always A Step Above, Inc. will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion. The above information should be sent to Always A Step Above, Inc. 's Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address. You can also contact us by mail at the address listed at the end of these Terms of Service.
PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. Click here to view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, lead times, completion times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted any comments).
We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our website or on any related website, should be taken to indicate that all information in our website or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.
You agree that from time to time we may remove or shut down our website for indefinite periods of time or cancel any services offered on our website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk.
The website and all products and services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Always A Step Above, Inc. , our members, managers, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or any Services, products or services procured using our website, or for any other claim related in any way to your use of our website or any product or service procured using our website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
IN NO EVENT SHALL Always A Step Above, Inc. 's AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE WEBSITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Always A Step Above, Inc. is a United States-based company and website. We make no representation that any aspect of our website or any Program, product or service procured using our website is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries.
Those who access our website from other locations are responsible for compliance with applicable local laws.
The website or any Service procured using our website is subject to applicable export laws and restrictions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Always A Step Above, Inc. and our affiliates, partners, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, products and services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to principles of conflict of laws.
In the event of a dispute between you and Always A Step Above, Inc. (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in York, York County, Pennsylvania. In the event that there is any dispute between you and Always A Step Above, Inc. that is determined not to be subject to arbitration pursuant to the preceding sentence, or in the event this arbitration provision is held unenforceable or invalid by a court of competent jurisdiction, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the Commonwealth of Pennsylvania located in York County, Pennsylvania, or the United States District Court for the Middle District of Pennsylvania. You agree that this Agreement and the relationship between you and Always A Step Above, Inc. shall be governed by the Federal Arbitration Act and the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website or, at our option, by sending a notice to the primary email address we have on file for you. Your continued use of or access to our website or any Program, product or service procured using our website following the posting of any changes to these Terms of Service or notice to you via email constitutes acceptance of those changes.
CONTACT INFORMATION
If you have questions or suggestions, please contact us at aasarwalker@outlook.com or at the following address:
Always A Step Above, Inc.
Attn: Robert J. Walker, C.D.O.
146 Pine Grove Circle
Suite 100A
York, Pennsylvania 17403