WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION. WHILE THE SUCCESS POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR ACQUIRING OF DANCE SKILLS AND POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF DANCE SKILLS BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF RESULTS. WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A "GETTING RESULTS OVERNIGHT" PROMISE.
UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL RESULTS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO CONSIDER THE RISKS ASSOCIATED WITH DANCING AND OTHER PHYSICAL ACTIVITIES. WE ARE NOT RESPONSIBLE FOR ANY INJURY THAT MAY INCUR BY USING OUR PRODUCTS OR SERVICES.
INFORMATION FOUND IN OUR PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING STATEMENTS SOLELY UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
YOU CAN EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY TO ANY FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS “ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL RESULTS AND PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED UPON OUR OPINION OF RESULT POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
This membership agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Date Night Dancing website (the “Website”) and the Services (as defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT.
If you do not agree with any of these terms, do not access or otherwise use the Website or Services, or any information or materials contained on the Website.
Date Night Dancing. (“Date Night Dancing”) owns and operates the Website. This Membership Agreement is between you and Date Night Dancing. Date Night Dancing reserves the right to add, delete, and modify any of the terms and conditions contained in this Membership Agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Website. In the event of substantive changes to this agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and the Services and to request an immediate termination of your membership and access to product and/or services. Your express consent or continued use of the Website or the Services following posting of a change notice or new Membership Agreement on the Website will constitute binding acceptance of the changes.
1. The Services
1.1. Date Night Dancing provides a number of Internet-based services through the Website (all such services, collectively, the “the Services”), including without limitation training and materials for you to develop your dance skills. Date Night Dancing reserves the right to add, change, and delete content and services from the Website or Services from time to time.
1.2. If applicable, you agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently cancelled. Your payment for the initial 30-day period is refundable, provided that you contact us and request that we cancel your membership and refund your fee within the initial 30-day period. You understand and agree that each subsequent automatic recurring billing of the membership fee is not refundable and will not be prorated. You also understand and agree that one time fee purchases are also not refundable after the 30 day period.
1.3. Date Night Dancing reserves the right to change the membership fee from time to time.
2. Use of the Website and the Services
2.1. Date Night Dancing will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. The Website and the Services are not for anyone under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and the Services.
2.3. Your License to Use the Website and the Services.
2.3.1. Date Night Dancing owns or licenses all intellectual property and other rights, title, and interest in and to the Website, Services, and the materials accessible on or through the Website and Services, except as expressly provided for in this Membership Agreement. For example, and without limitation, Date Night Dancing owns trademarks, copyrights, and certain technology used in providing the Services. You will not acquire any right, title or interest therein under this agreement or otherwise unless expressly provided for herein.
2.3.2. Date Night Dancing grants you a limited revocable license to access and use the Website and Services for their intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use information contained on the Website for purposes that Date Night Dancing prohibits or to compete with Date Night Dancing. If you use the Website or the Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license and/ or access to services shall terminate immediately.
3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation: all information provided on or through the Website or the Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating the Date Night Dancing database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by Date Night Dancing in the conduct of its business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of Date Night Dancing customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for Date Night Dancing’s products or services, the amounts paid by Date Night Dancing customers, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of the Date Night Dancing database, together with source code and object code; and the identity of Date Night Dancing employees, their respective salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of Date Night Dancing’s confidential, proprietary, and trade secret information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Date Night Dancing competes. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of Date Night Dancing without drawing upon and utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to Date Night Dancing software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when Date Night Dancing granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by Date Night Dancing; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from Date Night Dancing; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify Date Night Dancing before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer of Date Night Dancing's to alter its relationship with Date Night Dancing; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which Date Night Dancing is associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by Date Night Dancing at any time during the term of this Membership Agreement (provided, that this clause (b) shall not apply to any individual whose employment with Date Night Dancing was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of Date Night Dancing, induce or attempt to induce, any such entity to cease doing business with Date Night Dancing; or in any way interfere with the relationship between any such entity and Date Night Dancing.
3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage Date Night Dancing, Date Night Dancing products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to Date Night Dancing's right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
3.9. You agree that all originals and any copies of the Confidential Information remain the property of Date Night Dancing. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by Date Night Dancing, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to Date Night Dancing at Date Night Dancing’s request.
4. General Rules
4.1. Prohibited Use. You may only use the Website and Services to promote your business, as expressly permitted by Date Night Dancing. You may not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or Services, except in the operation or use of an internet “search engine,” hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website or Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website or Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or Services; (ix) frame the Website or Services; or (x) hyper-link to the Website or Services, without the express prior written permission of an authorized representative of Date Night Dancing.
4.3. Ordering Policies. If you purchase any products or services on or through the Website or Service, you agree that your use of the product or service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Date Night Dancing if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Date Night Dancing of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
4.5. Spam Policy: You may not use the Website or Services to engage in unethical marketing activities, including without limitation spamming. The following are examples of activities that are not permitted, and which may result in an immediate deactivation of your account or termination of your membership: a) disguising the origin of any content transmitted to or through the Website or Services, or using any other means of deceptive addressing; b) relaying email from a third party’s mail servers without the permission of that third party; c) transmitting any material that is unlawful or used without adequate permission from the owner of the material; d) harvesting email addresses in a manner that is unlawful or in violation of the rights of a third party; e) sending email that contains inaccurate header information or domain names that are not valid or do not exist; f) sending email that contains false or misleading information in the subject line or body of the message; g) sending email that does not indicate that it is an advertisement, does not include a functioning opt-out mechanism, or does not include your valid physical mailing address; or h) sending email that violates applicable law, including without limitation the CAN-SPAM Act or the applicable laws of the jurisdictions from which you send email or in which the email is received the acceptable use policies of Date Night Dancing’ email service provider.
5. Reservation of Rights
5.1. Monitoring. Date Night Dancing reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website and Service. If Date Night Dancing determines, in its sole and absolute discretion, that you or another user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, Date Night Dancing may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. Date Night Dancing may modify the Website or Services at any time with or without notice to you, and will incur no liability for doing so.
6.1. Date Night Dancing asks that you respect the Website online community. Your conduct when using the Website and Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent Date Night Dancing, Date Night Dancing staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit or obscene language; or solicit or post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Date Night Dancing an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that Date Night Dancing will have no obligation to keep any Submissions confidential. You will not bring a claim against Date Night Dancing based on “moral rights” or the likes arising from Date Night Dancing's use of a Submission.
7.2. Submissions by Others. Date Night Dancing does not control the content posted by third parties and does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website or Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Date Night Dancing be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website or Services by third parties.
8. Representations and Warranties
8.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Membership Agreement, (ii) execution and performance of this Membership Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Membership Agreement are a legal, valid, and binding obligation of the party entering into this Membership Agreement, enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to Date Night Dancing that, in your use of the Website and Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) you will provide correct, current, and complete billing and contact information.
9. Arbitration and Waiver of Class Claims
9.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND Date Night Dancing, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A Nevada STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
9.2. The following procedures shall apply:
9.2.1. Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
9.2.2. In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted in the state of California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
9.2.3. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this Membership Agreement.
10. Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. Date Night Dancing PROVIDES THE WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. Date Night Dancing DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Date Night Dancing MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF DAMAGES. Date Night Dancing WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO EVENT WILL Date Night Dancing’s LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE LESSER OF (i) THE AMOUNT PAID TO Date Night Dancing BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100). EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT AND SERVICE ON THIS SITE, THIS SITE, THE PRODUCTS AND SERVICES OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OUR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
10.4 Liability Release. Client realizes that participation in dance classes and activities could involve some possible personal injury. Despite precautions, accidents and injuries may occur. In checking the Terms and Conditions, Client assumes all risks related to the use of any and all products and/ or services provided by Date Night Dancing. client agrees that neither (s)he, his/her heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. Furthermore, Client agrees that the Date Night Dancing is in no way responsible for the safekeeping of his/her personal belongings while attending events. Client agrees to release and hold the Date Night Dancing harmless, including its teachers, dancers, staff members, and facilities used by both entities from any cause of action, claims, or demands now and in the future. Client will not hold Date Night Dancing liable for any personal injury or any personal property damage, which may occur on the premises before, during or after classes. Furthermore, Client agrees to obey the class and facility rules and take full responsibility for any behavior in addition to any damage he/ she/ they may cause to the facilities utilized by the Date Night Dancing.
10.5 Acknowledgement of Risk and Consent. Client acknowledges and understands that dancing, dance instruction and practice involves sudden, unwarned and at times violent movements. Client represents that such movements will not be injurious or hazardous to his/her health or physical condition and, therefore, assumes any and all risk of injury along with any and all resulting damages. Accordingly, Client promises and agrees to hold Date Night Dancing, its principles, agents, officers, employees, and assigns harmless from any and all claims, actions and lawsuits presently or in the future for any and all injuries and damages sustained by Client in connection with such movements, from whatever cause or nature.
11.1. You must indemnify and hold Date Night Dancing and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Membership Agreement through any act or omission. If you have to indemnify Date Night Dancing under this section, Date Night Dancing will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without the express written permission of Date Night Dancing.
12.1. Termination. You agree that, under certain circumstances and without prior notice, Date Night Dancing may suspend or terminate your use of the Website or Services, including without limitation, if Date Night Dancing believes, in its sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in Date Night Dancing's sole discretion and that Date Night Dancing shall not be liable to you or any other party for said suspension or termination.
12.2. Survival. Upon termination, your license to use the Website, Services, and everything accessible by or through the Website or Services shall terminate and the remaining provisions of this Membership Agreement shall survive indefinitely unless and until Date Night Dancing chooses to terminate them.
12.3. Effect of Termination. Upon termination of any part of this Agreement for any reason, Date Night Dancing may delete or assume ownership of any Content or other things—including without limitation URLs, domain names, and email lists—relating to your use of the Website or Services that is on Date Night Dancing servers or otherwise in Date Night Dancing’s possession or control, andDate Night Dancing will have no liability to you or any third party for doing so.
13.1. All notices required or permitted to be given under this Membership Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Date Night Dancing, you must use the following address: Date Night Dancing, 4045 S. Buffalo Dr. Ste. 101-192, Las Vegas, NV, 89147. If Date Night Dancing provides notice to you, Date Night Dancing will use the contact information provided by you. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
14. Notification of Claims of Infringement
14.1. Date Night Dancing respects the intellectual property of others, and asks users to do the same. Date Night Dancing may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Date Night Dancing's designated agent to receive notice of claimed infringement: Date Night Dancing. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
15.1. This Membership Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without reference to conflict of law principles. This Membership Agreement will not be assignable or transferable by you without Date Night Dancing’s prior written consent. This Membership Agreement (including all of the policies and other Agreements described in this Membership Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Membership Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and Date Night Dancing are independent contractors and independent businesses, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Membership Agreement. The invalidity or unenforceability of any provision of this Membership Agreement will not affect the validity or enforceability of any other provision of this Membership Agreement, all of which will remain in full force and effect. If you have questions or concerns regarding this Membership Agreement, you should contact Date Night Dancing by emailing email@example.com and writing “Membership Agreement” in the subject line.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI standards.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies?’
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled. It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1...
We have not enabled Google AdSense on our site but we may do so in the future.
We don’t need them.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 1 business day
We will notify the users via in site notification
• Within 1 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be accordance with CAN-SPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email.