TERMS AND CONDITIONS
Last updated February 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Creative DanceN ("Company," "we," "us," "our"), a company
registered in Indiana, United States at 26371 Riding Trail, South Bend, IN
46619-3933.
We operate the website http://www.creativedancen.com (the "Site"), as
well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 5743109378, email at
[email protected], or by mail to 3371 Cleveland Road, Suite 110,
South Bend, IN 46628, United States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Creative
DanceN, concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL
OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by [email protected], as stated in the
email message. By continuing to use the Services after the effective date of
any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
21. SMS TEXT MESSAGING
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation orwhich would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
The Services are not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use the Services. You maynot use the Services in a way that would violate the Gramm-Leach-BlileyAct (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in ourServices, including all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics in theServices (collectively, the
"Content"
), as well as the trademarks, servicemarks, and logos contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws(and various other intellectual property rights and unfair competition laws)and treaties
in the United States and
around the world.
The Content and Marks are provided in or through the Services
"AS IS"
foryour
personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
"
section below, we grant you a non-exclusive,non-transferable, revocable
license
to:
access the Services; and
download or print a copy of any portion of the Content to which youhave properly gained access,
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without our express prior writtenpermission
If you wish to make any use of the Services, Content, or Marks other thanas set out in this section or elsewhere in our Legal Terms, please addressyour request to:
. If we ever grant you thepermission to post, reproduce, or publicly display any part of our Servicesor Content, you must identify us as the owners or licensors of the Services,Content, or Marks and ensure that any copyright or proprietary noticeappears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminateimmediately.
Your submissions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
sectioncarefully prior to using our Services to understand the (a) rights you give usand (b) obligations you have when you post or upload any content throughthe Services.
Submissions:
By directly sending us any question, comment, suggestion,idea, feedback, or other information about the Services (
"Submissions"
),you agree to assign to us all intellectual property rights in such Submission.You agree that we shall own this Submission and be entitled to itsunrestricted use and dissemination for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending usSubmissions
through any part of the Services
you:
confirm that you have read and agree with our
"
PROHIBITEDACTIVITIES
"
and will not post, send, publish, upload, or transmitthrough the Services any Submission
that is illegal, harassing,hateful, harmful, defamatory, obscene, bullying, abusive,discriminatory, threatening to any person or group, sexually explicit,false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moralrights to any such Submission
;
warrant that any such Submission
are original to you or that youhave the necessary rights and
licenses
to submit such Submissions
and that you have full authority to grant us the above-mentionedrights in relation to your Submissions
; and
warrant and represent that your Submissions
do not constituteconfidential information.
You are solely responsible for your Submissions
and you expressly agreeto reimburse us for any and all losses that we may suffer because of yourbreach of (a) this section, (b) any third party’s intellectual property rights, or(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(
1
) all registrationinformation you submit will be true, accurate, current, and complete; (
2
)you will maintain the accuracy of such information and promptly updatesuch registration information as necessary;
(
3
) you have the legal capacityand you agree to comply with these Legal Terms;
(
4
) you are not a minor inthe jurisdiction in which you reside
; (
5
) you will not access the Servicesthrough automated or non-human means, whether through a bot, script orotherwise; (
6
) you will not use the Services for any illegal or
unauthorized
purpose; and (
7
) your use of the Services will not violate any applicable lawor regulation.
If you provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keepyour password confidential and will be responsible for all use of youraccount and password. We reserve the right to remove, reclaim, or changea username you select if we determine, in our sole discretion, that suchusername is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
-
Visa
-
Mastercard
-
Discover
You agree to provide current, complete, and accurate purchase andaccount information for all purchases made via the Services. You furtheragree to promptly update account and payment information, including emailaddress, payment method, and payment card expiration date, so that wecan complete your transactions and contact you as needed. Sales tax willbe added to the price of purchases as deemed required by us. We maychange prices at any time. All payments shall be
in
US dollars
.
You agree to pay all charges at the prices then in effect for your purchasesand any applicable shipping fees, and you
authorize
us to charge yourchosen payment provider for any such amounts upon placing your order.We reserve the right to correct any errors or mistakes in pricing, even if wehave already requested or received payment.
We reserve the right to refuse any order placed through the Services. Wemay, in our sole discretion, limit or cancel quantities purchased per person,per household, or per order. These restrictions may include orders placedby or under the same customer account, the same payment method,and/or orders that use the same billing or shipping address. We reserve theright to limit or prohibit orders that, in our sole
judgment
, appear to beplaced by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that forwhich we make the Services available. The Services may not be used inconnection with any commercial
endeavors
except those that arespecifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services tocreate or compile, directly or indirectly, a collection, compilation,database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in anyattempt to learn sensitive account information such as userpasswords.
Circumvent, disable, or otherwise interfere with security-relatedfeatures of the Services, including features that prevent or restrictthe use or copying of any Content or enforce limitations on the useof the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or theServices.
Use any information obtained from the Services in order to harass,abuse, or harm another person.
Make improper use of our support services or submit false reports ofabuse or misconduct.
Use the Services in a manner inconsistent with any applicable lawsor regulations.
Engage in
unauthorized
framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,Trojan horses, or other material, including excessive use of capitalletters and spamming (continuous posting of repetitive text), thatinterferes with any party’s uninterrupted use and enjoyment of theServices or modifies, impairs, disrupts, alters, or interferes with theuse, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, orsimilar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from anyContent.
Attempt to impersonate another user or person or use the usernameof another user.
Upload or transmit (or attempt to upload or to transmit) any materialthat acts as a passive or active information collection or transmissionmechanism, including without limitation, clear graphics interchangeformats (
"gifs"
), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as
"spyware" or "passive collectionmechanisms" or "pcms"
).
Interfere with, disrupt, or create an undue burden on the Services orthe networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees oragents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed toprevent or restrict access to the Services, or any portion of theServices.
Copy or adapt the Services' software, including but not limited toFlash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Services.
Except as may be the result of standard search engine or Internetbrowser usage, use, launch, develop, or distribute any automatedsystem, including without limitation, any spider, robot, cheat utility,scraper, or offline reader that accesses the Services, or use orlaunch any
unauthorized
script or other software.
Use a buying agent or purchasing agent to make purchases on theServices.
Make any
unauthorized
use of the Services, including collectingusernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false
pretenses
.
Use the Services as part of any effort to compete with us orotherwise use the Services and/or the Content for any revenue-generating
endeavor
or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We mayprovide you with the opportunity to create, submit, post, display, transmit,perform, publish, distribute, or broadcast content and materials to us or onthe Services, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information orother material (collectively,
"Contributions"
). Contributions may be viewableby other users of the Services and through third-party websites.
As such,any Contributions you transmit may be treated in accordance with theServices' Privacy Policy.
When you create or make available anyContributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
You are the creator and owner of or have the necessary
licenses
,rights, consents, releases, and permissions to use and to
authorize
us, the Services, and other users of the Services to use yourContributions in any manner contemplated by the Services andthese Legal Terms.
You have the written consent, release, and/or permission of eachand every identifiable individual person in your Contributions to usethe name or likeness of each and every such identifiable individualperson to enable inclusion and use of your Contributions in anymanner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or
unauthorized
advertising,promotional materials, pyramid schemes, chain letters, spam, massmailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing,
libelous
, slanderous, or otherwise objectionable (asdetermined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, orabuse anyone.
Your Contributions are not used to harass or threaten (in the legalsense of those terms) any other person and to promote violenceagainst a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, orrule.
Your Contributions do not violate the privacy or publicity rights of anythird party.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, orphysical handicap.
Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Legal Terms, or any applicable law orregulation.
Any use of the Services in violation of the foregoing violates these LegalTerms and may result in, among other things, termination or suspension ofyour rights to use the Services.
8. CONTRIBUTION
LICENSE
You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide
following the terms of thePrivacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, youagree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are notliable for any statements or representations in your Contributions providedby you in any area on the Services. You are solely responsible for yourContributions to the Services and you expressly agree to exonerate usfrom any and all responsibility and to refrain from any legal action againstus regarding your Contributions.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services forviolations of these Legal Terms; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Legal Terms,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologicallyfeasible) any of your Contributions or any portion thereof; (4) in our solediscretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in sizeor are in any way burdensome to our systems; and (5) otherwise managethe Services in a manner designed to protect our rights and property and tofacilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy:
https://go.creativedancen.com/privacy-8758
. By using theServices, you agree to be bound by our Privacy Policy, which isincorporated into these Legal Terms. Please be advised the Services arehosted in
the
United States
. If you access the Services from any otherregion of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in
the
United States
, then through your continued use of the Services, you aretransferring your data to
the
United States
, and you expressly consent tohave your data transferred to and processed in
the
United States
.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use theServices. WITHOUT LIMITING ANY OTHER PROVISION OF THESELEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TOAND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION INTHE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibitedfrom registering and creating a new account under your name, a fake orborrowed name, or the name of any third party, even if you may be actingon behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to performmaintenance related to the Services, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access oruse the Services during any downtime or discontinuance of the Services.Nothing in these Legal Terms will be construed to obligate us to maintainand support the Services or to supply any corrections, updates, or releasesin connection therewith.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by andconstrued in accordance with the laws of
the State of
Indiana
applicable toagreements made and to be entirely performed within
the State of
Indiana
,
without regard to its conflict of law principles.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, orclaim related to these Legal Terms (each a
"Dispute" and collectively, the"Disputes"
) brought by either you or us (individually, a
"Party" andcollectively, the "Parties"
), the Parties agree to first attempt to negotiate anyDispute (except those Disputes expressly provided below) informally for atleast
thirty (30)
days before initiating arbitration. Such informal negotiationscommence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,the Dispute (except those Disputes expressly excluded below) will befinally and exclusively resolved by binding arbitration. YOU UNDERSTANDTHAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TOSUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall becommenced and conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association (
"AAA"
) and, where appropriate, the AAA’sSupplementary Procedures for Consumer Related Disputes (
"AAAConsumer Rules"
), both of which are available at the
American ArbitrationAssociation (AAA) website
. Your arbitration fees and your share ofarbitrator compensation shall be governed by the AAA Consumer Rulesand, where appropriate, limited by the AAA Consumer Rules.
If such costsare determined by the arbitrator to be excessive, we will pay all arbitrationfees and expenses.
The arbitration may be conducted in person, throughthe submission of documents, by phone, or online. The arbitrator will makea decision in writing, but need not provide a statement of reasons unlessrequested by either Party. The arbitrator must follow applicable law, andany award may be challenged if the arbitrator fails to do so. Except whereotherwise required by the applicable
AAA
rules or applicable law, thearbitration will take place in
Saint Joseph
,
Indiana
. Except as otherwiseprovided herein, the Parties may litigate in court to compel arbitration, stayproceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, theDispute shall be commenced or prosecuted in the
state and federalcourts
located in
Saint Joseph
,
Indiana
, and the Parties hereby consent to,and waive all
defenses
of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such
state and federalcourts
. Application of the United Nations Convention on Contracts for theInternational Sale of Goods and the Uniform Computer InformationTransaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way tothe Services be commenced more than
one (1)
years after the cause ofaction arose.
If this provision is found to be illegal or unenforceable, thenneither Party will elect to arbitrate any Dispute falling within that portion ofthis provision found to be illegal or unenforceable and such Dispute shallbe decided by a court of competent jurisdiction within the courts listed forjurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Disputebetween the Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf ofthe general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Partiesagree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographicalerrors, inaccuracies, or omissions, including descriptions, pricing,availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update theinformation on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE ATYOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESSOF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITESOR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ORFROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHTHE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHEREAPPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OFTHE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OFTHE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS ORLIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including oursubsidiaries, affiliates, and all of our respective officers, agents, partners,and employees, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by anythird party due to or arising out of:
(
1
) use of the Services; (
2
) breach ofthese Legal Terms; (
3
) any breach of your representations and warrantiesset forth in these Legal Terms; (
4
) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (
5
) any overtharmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive
defense
and control of anymatter for which you are required to indemnify us, and you agree tocooperate, at your expense, with our
defense
of such claims. We will usereasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for thepurpose of managing the performance of the Services, as well as datarelating to your use of the Services. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the Services. Youagree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures,and other communications we provide to you electronically, via email andon the Services, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, ANDTO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDSOF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.
21. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simplyreply to the text with "STOP.” You may receive an SMS messageconfirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMSmessages sent or received. The rates are determined by your carrier andthe specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMScommunications, please email us at
or call at
5743109378
.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact theComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on theServices or in respect to the Services constitute the entire agreement andunderstanding between you and us. Our failure to exercise or enforce anyright or provision of these Legal Terms shall not operate as a waiver ofsuch right or provision. These Legal Terms operate to the fullest extentpermissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provisionor part of the provision is deemed severable from these Legal Terms anddoes not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationshipcreated between you and us as a result of these Legal Terms or use of theServices. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and thelack of signing by the parties hereto to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
Creative DanceN
3371 Cleveland Road
Suite 110
South Bend
,
IN
46628
United States
Phone:
5743109378