By accessing and/or using this website, you agree to be bound by the terms of this Website Use Agreement (the "Agreement"). This Agreement applies to you and, if you are using this website on your employer's behalf, to your employer. Under A Foot Plant Company ("UAFPC") reserves the right to change this Agreement from time to time at its sole discretion, and your use of this website will be subject to the most current version posted on this website at the time of your use. If you do not wish to be bound by this Agreement, do not use this website or download or use any content or materials.

This website is owned and operated by UAFPC. All website content, images, information and materials furnished by UAFPC in any medium (collectively referred to as "Content and Materials") are owned by or licensed to UAFPC. All Content and Materials are protected by US and international copyright laws. UAFPC allows you to search for, view and use the Content and Materials only as permitted below. If you have registered for a Stepables® Password and UAFPC has approved your registration, you may be able to access additional Content and Materials not available to the general public.

This website is not directed at children under the age of 13. UAFPC values the privacy and safety of children who may visit this website and will not knowingly collect personally identifiable information from any child under the age of 13, in compliance with the Children’s Online Privacy Protection Act (“COPPA”).

In addition to any other restrictions set forth in this Agreement, you agree not to: (1) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of this website, any data or content found on or accessed through this website, or any other UAFPC Information without the prior express written consent of UAFPC; (2) obtain or attempt to obtain through any means any materials or information on this website that have not been intentionally made publicly available either by their public display on this website or through their accessibility by a visible link on this website; (3) violate the security of this website or attempt to gain unauthorized access to this website, data, materials, information, computer systems or networks connected to any server of this website, through hacking, password mining or any other means; (4) interfere or attempt to interfere with the proper working of this website or any activities conducted on or through this website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on this website; and (5) take or attempt any action that, in the sole discretion of UAFPC, imposes or may impose an unreasonable or disproportionately large load or burden on this website or the infrastructure of this website.

UAFPC reserves the right to immediately restrict or remove your access to this website at any time, without notice, if you fail to comply with any provision of this Agreement. Such action by UAFPC will modify or revoke any and all licenses granted to you to view, download and use the Content and Materials. If your license is revoked, you agree to immediately stop using this website and to delete all Content and Materials from all magnetic media and destroy all other copies. All rights not specifically granted under this Agreement are reserved to UAFPC.

As a convenience, our website may link to other websites that may be of interest to you, but are not under UAFPC's control. These links do not imply endorsement by UAFPC (or by the third party of UAFPC) and UAFPC shall not be responsible for the availability of or the content contained in any linked website.

The Content and Materials may not be used as a trademark or service mark, for any unlawful or pornographic use, to defame any person, or to infringe upon any the intellectual property rights of any person/entity. Unauthorized use of the Content and Materials constitutes copyright infringement and shall entitle UAFPC to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all user and/or beneficiaries of said use.

You agree to indemnify, defend and hold harmless UAFPC against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (1) a breach of this Agreement; (2) the use of this website and its Content and Materials either alone or in combination with any other material; (3) your failure to abide by any restriction regarding the use of the Content and Materials; or (4) any claim by a third party related to the use of the Content and Materials.

UAFPC PROVIDES YOU WITH ITS SITE AND CONTENT AND MATERIALS ON AN "AS IS" BASIS. UAFPC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND THE CONTENT AND MATERIALS, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, UAFPC SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE CONTENT AND MATERIALS, WHETHER FRAMED AS A CONTRACT OR TORT THEORY. IN NO EVENT SHALL UAFPC'S LIABILITY FOR YOUR USE OF ANY CONTENT AND MATERIALS PROVIDED HEREUNDER EXCEED THE GREATER OF ANY AMOUNT PAID BY YOU FOR USE OF THAT CONTENT AND MATERIALS OR $200.00 (U.S. DOLLARS).

Any dispute regarding this Agreement shall be governed by Oregon law and applicable U.S. Federal law, as may be amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Oregon, U.S.A. No action of UAFPC may be construed as a waiver or amendment of this Agreement, unless in writing and signed by the parties.

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all of its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by a duly authorized representative of UAFPC, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by UAFPC. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. This Agreement shall inure to the benefit of and be binding upon the parties, their successors and assigns, except that you many not assign or transfer this Agreement without UAFPC's prior written consent.

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WEBSITE PRIVACY POLICY

At Under A Foot Plant Company (“UAFPC”), we understand and respect your concerns about the privacy of any information you supply while at our website. We believe that knowledge is the key to monitoring and protecting how your information is used on the Internet. This statement sets forth UAFPC’s Website Privacy Policy and describes the practices followed by UAFPC with respect to all visitors to this website. These practices may be changed from time to time as provided below, so you should check this Privacy Policy frequently for any such changes, as your continued access or use of this website shall constitute acceptance of such modifications to the Privacy Policy. UAFPC's use of information previously gathered or now obtained is subject to the Privacy Policy in effect at the time of such use. UAFPC adheres to the Safe Harbor program developed by the US Department of Commerce and the European Union.

Children

The website is not directed at children under the age of 13. UAFPC complies with the Children's Online Privacy Protection Act (“COPPA”) and does not knowingly collect, or permit registration or submission of, personally identifiable information by anyone less than 13 years of age.

Use of Service Providers

We may hire or partner with other companies to provide limited services on our behalf, such as managing and handling the processing and delivery of mailings (both email and postal mail), providing customer support, or processing transactions. We will only provide those companies with the personal information they need to provide the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

Personal Information

UAFPC collects certain personal information from users of this website. Guests may be required to provide certain personal information such as your name and email address, so that we may identify you and provide better service to you on this website in future visits. Authorized users and purchasers may be required to provide certain personal, company or financial information such as name, email address, billing address, credit card number and company information to conduct credit inquiries and process payment request. You do not have to provide this information; however failure to provide the information may affect UAFPC's ability to provide you with services, your ability to access certain portions of this website and/or download material or data from this website. If provided, UAFPC uses this information for internal purposes such as processing your order, maintaining or updating your UAFPC account, preparing future e-mails, calls, mailings or other communications regarding website updates, payments due, new products, services, special offers or promotions, and noteworthy news and events which may be of interest to you. UAFPC will not share your personally-identifiable information, or any user name, password, account or member number you may use, with anyone outside of UAFPC except its service providers. UAFPC does not sell or rent information about its customers to third parties.

Automatically Collected Information

As is true of most websites, UAFPC collects aggregate information which does not indicate the identity of any particular visitor, but describes the habits, usage patterns and/or demographics of users as a group. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. UAFPC may use such information for a variety of purposes, including analysis of use of the website, development and marketing of products and services, and improving website content and usability.

Cookies

When you visit this website, UAFPC sends your computer a cookie, which is a small file that resides on your computer’s hard drive and contains non-personally identifiable information about the user and its computer. The cookie transmits this information back to the website each time your browser requests a page from the website, and the information is stored to help facilitate your use of the website the next time you visit. If you do not want to receive cookies from the website, you can set your browser to not accept cookies, or to notify you when a cookie set. If you choose to reject all cookies, you may be unable to use certain portions of the website.

E-Mail

UAFPC does not rent or sell email lists. UAFPC offers its guests and authorized users the choice to not receive emails or updates about special benefits, promotions or offers from UAFPC. Before UAFPC sends such emails, we ask that you indicate your wish to receive such communications by “opting in” to our mailing lists. You can “opt in” at the time you provide the information, or by sending an email to fran@stepables.com. Notwithstanding, UAFPC reserves the right to send you email to notify you about your recent order or to provide information specifically requested by you.

Change of Address or Contact Information

You can correct or change your personal information by sending an email to fran@stepables.com, or by mail to Under A Foot Plant Company, 5326 72nd Ave SE, Salem, Oregon 97301. UAFPC reserves the right to verify the identity of all persons making such requests; provided that UAFPC shall have no liability whatsoever resulting from false or erroneous requests.

Links

This website may contain links to other websites. UAFPC is not responsible for the privacy policies or procedures or the content of any other website, so you should review the privacy policies of other websites carefully before providing any personal or financial information to such websites.

Security

This website has reasonable security measures in place to protect against the loss, misuse or alteration of information under UAFPC's control. While UAFPC strives to protect your personal information, UAFPC cannot ensure, and does not warrant, the security of any information. Communication via the Internet is not fail-safe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by UAFPC.

Subpoenas

We do not disclose the identities of visitors or users of this website unless legally required to do so. We will respond to any subpoena received from a government agency (i.e., law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, we will notify you of any subpoena received from any other party (i.e., for civil litigation) which requires us to disclose your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.