TERMS OF SERVICE

Effective Date: 08/15/2020

IMPORTANT - PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS & CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER WWW.DANCERUNIVERSITY.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 11 AND 12). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

The use of www.DancerUniversity.com (hereafter “Website”), which is owned and maintained by Dancer University, LLC  (“we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

 

THIS IS A BINDING AGREEMENT. THESE TERMS & CONDITIONS OF USE AND SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND SHIPPING & RETURNS POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND DANCER UNIVERSITY LLC AND SHOULD BE READ CAREFULLY. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY DANCER UNIVERSITY, LLC, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

 

Dancer University, LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents:

1. Website Use

2. Website User Conduct and Restrictions

3. Our Privacy Policy and Your Personal Information

4. Information You Provide; Registration; Usernames and Passwords

5. Order Placement and Acceptance; Method of Payment

6. Shipping Fees

7. Products and Prices Available on the Website

8. YOUR INDIVIDUAL RESULTS WILL VARY

9. Testimonials, Reviews, and Pictures/Videos

10. NO MEDICAL DIAGNOSIS OR TREATMENT

11. DISCLAIMERS OF WARRANTIES

12. LIMITATIONS OF LIABILITIES

13. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

14. Dancer University, LLC  Additional Remedies

15. Indemnification

16. Notice and Takedown Procedures; Copyright Agent

17. Third-Party Links

18. No Waiver

19. Governing Law and Venue

20. Force Majeure

21. Assignment

22. Electronic Communications

23. Changes to the Agreement

24. Your Additional Representations and Warranties

25. Severability

26. Entire Agreement

27. Contacting Us

SECTION 1 -WEBSITE USE

The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

 

SECTION 2 -WEBSITE USER CONDUCT AND RESTRICTIONS

All aspects of our Website and our products are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, Dancer University icons, video and audio clips, downloads, and product designs. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Dancer University trademarks, service marks, and trade names are proprietary marks of Dancer University, LLC , and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Dancer University, LLC. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.

Subject to your continued strict compliance with all Terms, Dancer University provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website.

You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

 

SECTION 3 -OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. Our privacy policy. Dancer University reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.

 

SECTION 4 -INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS

You have the option to create a user account to track your order history and for quicker checkout for future products.You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Dancer University user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to Dancer University under your user account. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your user account.

 

SECTION 5-ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT

You agree that any products that you purchase from us and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, or export any product that you order from the Website.

 

If you are ordering a product, payment must be received by Dancer University before your order is accepted. If you are paying for a product in installments, you are obligated to make each payment on time until the full purchase price and any applicable shipping fees and taxes are paid in full. You expressly authorize us to charge the payment card or payment account you provide at checkout for all payments.We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us at contact@danceruniversity.com immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card or account provided at the time of checkout.

Your order is conditioned on you reaffirming your acceptance of this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.

Dancer University does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, Dancer University will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Dancer University.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. All advertised prices are in, and all payments shall be in, U.S. Dollars.

 

SECTION 6-SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products may not be available for immediate delivery. If your order will be delayed, we will contact you at the email or street address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is outside the United States.

 

SECTION 7–PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE

Dancer University reserves the right, without notice, to discontinue products or modify specifications and prices on products without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of product(s) will take effect following email notice to you.

Dancer University takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

When ordering products, please note that Dancer University does not warrant that product descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, your sole remedy isto return the product for a refund. All sales are deemed final except as provided in the Shipping & Returns Policy. Dancer University’s descriptions of, or references to, products or services not owned by Dancer University not intended to imply endorsement of that product, or constitute a warranty by Dancer University unless expressly stated on the Website.

 

SECTION 8-YOUR INDIVIDUAL RESULTS WILL VARY

Every person has a different body and history, and, therefore, individual results will vary when using our products. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU.

 

SECTION 9-TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Dancer University is pleased to hear from users and welcomes your comments regarding our products. Dancer University may use testimonials and/or product reviews in whole or in part together with the name, city,and state of the person submitting it. Testimonials may be used for any form of activity relating to Dancer University’s products, in printed and online media, as Dancer University determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section above, your results will vary depending upon a variety of factors unique to you.

You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with Dancer University on this Website, by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. Dancer University does not endorse or sponsor any User Communications submitted by you or anyone else using the Website.

 

You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Dancer University will fully cooperate with any law enforcement authorities or court order requesting or directing Dancer University to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.

Anything that you submit or post to the Website and/or provide us or post online about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

Additionally, Dancer University reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Dancer University shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

 

SECTION 10-NO MEDICAL DIAGNOSIS OR TREATMENT

DANCER UNIVERSITY IS COMMITTED TO HELPING YOU IMPROVE YOUR DANCE SKILLS. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION, AND OUR PRODUCTS AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN EMAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS,PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.

DANCER UNIVERSITY ENDEAVORS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT OUR PRODUCTS. YOU UNDERSTAND AND AGREE THAT THE INFORMATION DANCER UNIVERSITY CONVEYS ABOUT OUR PRODUCTS AND/OR THE EFFICACY OF OUR PRODUCTS IS OBTAINED FROM INDEPENDENT THIRD PARTIES SUCH AS NEWS AGENCIES, SCIENTIFIC REPORTS, AND SCIENTIFIC / RESEARCH ENTITIES. DANCER UNIVERSITY DOES NOT WARRANT OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE, AND DANCER UNIVERSITY DOES NOT REPRESENT OR ENDORSE ANY THIRD PARTIES OR THE METHODS THAT THEY USE TO ARRIVE AT THEIR CONCLUSIONS. ALL PRODUCT SPECIFICATIONS, PERFORMANCE DATA, AND OTHER INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY, AND DO NOT CONSTITUTE A GUARANTEE OR REPRESENTATION THAT THE PRODUCTS WILL CONFORM TO SUCH SPECIFICATIONS OR PERFORMANCE DATA. DANCER UNIVERSITY  DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS.

 

SECTION 11-DISCLAIMERS OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

SECTION 12-LIMITATIONS OF LIABILITIES

YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PHYSICAL EXERCISE. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE USING ANY PRODUCT PURCHASED FROM DANCER UNIVERSITY, OR WHILE USING ANY INFORMATION PROVIDED BY DANCER UNIVERSITY, YOU ACKNOWLEDGE THAT DANCER UNIVERSITY (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) IS NOT RESPONSIBLE. YOU AGREE THAT DANCER UNIVERSITY (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) WILL NOT BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO MEDICAL CONDITIONS.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, IN NO EVENT SHALL DANCER UNIVERSITY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SHIPPING & RETURN POLICY, THE PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER DANCER UNIVERSITY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, ANDON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

YOU AGREE THAT IN NO EVENT SHALL DANCER UNIVERSITY (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED ONE THOUSAND DOLLARS ($1,000.00).SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND LIMITATION OF LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

SECTION 13-DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS & CONDITIONS OF USE AND SALE AND THE AGREEMENT AS A COURT WOULD.

 

a. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Dancer University, or any involved third party relating to your account, your use of the Website, the products you have purchased, your relationship with Dancer University, communications from or with Dancer University, these Terms, the Privacy Policy, or the Shipping & Return Policy. This includes, but is not limited to, any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Dancer University any third party related to your use or attempted use of the products. You, Dancer University, or any involved third party may pursue a Claim. Dancer University agrees to final and binding individual confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding individual confidential arbitration should you have any Claims against Dancer University. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding individual confidential arbitration. This arbitration provision in this Section 13 sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

b. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Dancer University both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-classand non-representative) basis, including overdue account matters within the small claims court’s jurisdiction. Dancer University will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that courton an individual basis. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York, New York: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Dancer University for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,”the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, and forever waive any challenge to said courts jurisdiction and venue.

 

c. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by sending an email to contact@danceruniversity.com . Dancer University will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with the Dancer University or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York, New York to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection“b”above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

 

d. Commencing Arbitration

You and Dancer University agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

 

e. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Los Angeles, California unless Dancer University otherwise agrees to arbitrate in another forum requested by you.

 

f. Organization, Rules, and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b”above shall be submitted to final and binding individual confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d”above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, the Shipping & Return Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Dancer University.

 

g. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will pay the fees charged by the arbitrator for claims totaling less than $750, unless the arbitrator determines the claims are frivolous, in which case, we reserve the right to seek reimburse from you for any arbitrator fees paid. Likewise, we will not seek attorneys fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

 

h. Governing Law and Award

The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

i. Enforceability

This provision survives termination of your account or relationship with Dancer University, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

 

j. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This Section 13 is the entire arbitration agreement between you and Dancer University and shall not be modified except in writing by Dancer University.

 

k. Amendments

Dancer University reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product on or through the Website, or use or attempted use of Dancer University’s products, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Dancer University will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any products on or through the Website, or use or attempted use of Dancer University’s products is affirmation of your consent to such material changes.

 

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY SENDING AN EMAIL TO CONTACT@DANCERUNIVERSITY.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH INDIVIDUAL BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

SECTION 14– DANCER UNIVERSITY’S ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Dancer University, in the event of any breach or threatened breach by you of the provisions of the parties Agreement or any infringement or threatened infringement by you of the intellectual property of Dancer University or a third-party, Dancer University shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Dancer University pursuing any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.

 

SECTION 15-INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Dancer University, LLC and its affiliates, and their respective directors, shareholders, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorney's fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use or misuse of the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.

SECTION 16-NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content available on any part of Dancer University infringes any copyright you own, you or your agent may send Dancer University a notice requesting that Dancer University remove the materials or content from Dancer University. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Dancer University a counter-notice. Notices and counter-notices should be sent by e-mail to contact@danceruniversity.com 

SECTION 17-THIRD-PARTY LINKS

The Website may contain links to other websites. Dancer University assumes no responsibility for the content or functionality of any non-Dancer University to which we provide a link. Please see our Privacy Policy for more details.

SECTION 18-NO WAIVER

No failure or delay on the part of Dancer University in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Dancer University.

SECTION 19-GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement, our Privacy Policy, or Shipping & Return Policy, or any matter concerning Dancer University, including your use of the Website, and your purchase and use or attempted use of any product, including monthly and annual memberships shall be governed exclusively by the laws of State of California excluding its conflict of law provisions. To the extent that any Claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded by the arbitration agreement in Section 13 above, the parties agree any such Claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Los Angeles, California,  and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts exclusive jurisdiction or venue.  Such claims shall be brought and maintained exclusively on an individual, non-class, and non-representative basis, and the parties forever waive any right to bring such claims on a class or representative basis.

SECTION 20-FORCE MAJEURE

Dancer University shall not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Dancer University. Delays Due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Dancer University shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

SECTION 21-ASSIGNMENT

Dancer University may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Dancer University’s express written consent.

 

SECTION 22-ELECTRONIC COMMUNICATIONS

All information communicated on the Website is considered an electronic communication. When you communicate with Dancer University through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “COMPLETE ORDER,” “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

You also further agree that we may communicate with you on the telephone number that you provided, including through the use of autodialing and pre-recorded voice technology, about your order as well as about offers and deals. Your consent to receive autodialed or pre-recorded calls or messages about offers and deals is not a condition of purchase.

SECTION 23-CHANGES TO THE AGREEMENT

We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy, or Shipping & Return Policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by Dancer University in writing, these terms and conditions may not be amended by you.

SECTION 24-YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products you purchase from the Website will be used for your personal, non-commercial use, and that you will not resell, re-distribute, or export any product that you order from the Website. You further represent that Dancer University has the right to rely upon all information provided to Dancer University by you, and Dancer University may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 25-SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 26-ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Dancer University and governs your access to and use of the Website and your ordering, purchasing and use and/or attempted use of any product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Dancer University. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 27-CONTACTING US

We encourage our customers to contact us with questions or comments about our products. Please feel free to do so by sending an e-mail to contact@danceruniversity.com 

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