1. The following User Agreement (“Agreement”) governs the use ofÂ this website, www.dancefullout.com (“Site”), including, but not limited to, use of its content, participation in its bulletin boards, forums and all other areas as provided by Rembrandt CommunicationsÂ®, doing business as Dance Full Out (“Company,â€ “we,” or “our”).
Please read this Agreement carefully. You can access this Agreement any time at http://www.dancefullout.com/termsofuse. By visiting our Site, you affirm that you have read, understand, and agree to be bound by the terms of this Agreement. If you do not agree to be legally bound under agreement by the terms and conditions of this Agreement, do not use or access our Site.
2. Intellectual Property & Interference
The content on this Site is Â© 2011 and displayed under license.Â DanceFullOutâ„¢ and From One Dancer to Anotherâ„¢ are trademarks that are displayed under license.Â All rights reserved worldwide.Â
No information on this Site may be copied or distributed in print or digital form without Companyâ€™s express written permission.
You agree that you will not use any robot, spider, scraper or other automated means to reverse engineer any data or software provided by the Site or to access the Site for any purpose without our prior, express written permission.
Additionally, you agree that you will not: i)take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior express written permission of Company and appropriate third parties, as applicable; iii)interfere or attempt to interfere with the proper working of the Site or any related activities; or iv)bypass or attempt to bypass any measures we may use to prevent or restrict access to the Site.
3. Consent to Solicitation & Marketing
Submitting data through any form on this Site constitutes your express written permission for Company, its affiliates and assigns to contact you by, but not limited to, phone, fax, email, and direct mail. Please be advised that by submitting your contact information on this Site you have expressly agreed to be contacted via telephone by Company, regardless of whether you are listed on the National Do Not Call Registry.
4. Data Entered on Site
By entering data on this Site, including but not limited to, personal stories, comments and earnings representations, you expressly agree to allow Company, its affiliates and assigns to use the data for any purpose including for republishing in marketing and promotional materials.
5. Change Control
Company reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site, at any time and in its sole and independent discretion.Â Any changes will be effective upon the posting of the revisions on the Site.Â You are responsible for reviewing any applicable changes.Â Changes to referenced policies and guidelines may be posted without notice to you.Â Your continued use of this Site the posting of any changes will constitute your acceptance of such changes or modifications.Â If you do not agree to any changes to this Agreement, do not continue to use this Site.
6. Terms of Sale
Prices and offers are subject to change without notice. All shipping and handling charges are non-refundable. Customers are responsible for all sales tax, tariffs, duties and fees. All monthly service charges are automatically charged/debited after expiration of any free trial-periods, if applicable. The first charge will be for the 30-day period immediately following the free trial period and will be billed on the same day each month until cancelled. There will be no partial or prorated refunds. Monthly charges will automatically renew each month. To cancel any monthly product, the customer must deliver a written notice (via mail or email, return receipt requested) at least 10 calendar days before the monthly charge is scheduled to be charged/debited.
7. Restricted Activities
You agree that you will not use any robot, spider, scraper or other automated means to collect any information provided on the Site for any purpose, including marketing products or services to other users of the Site, without our prior, express written permission.Â You are expected to treat all visitors to this Site with respect and we reserve the right to monitor and edit any content you provide or post on this Site without your permission.Â We also reserve the right to ban your use of the Site at any time, in our sole discretion.
8. Breach and Remedies
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site if, within our sole discretion: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.Â We can also terminate this Agreement at any time, with or without cause.
You agree to at all times during and after the term of this Agreement be responsible for, and shall defend, indemnify, and hold us and our officers, directors, agents, employees, contractors and suppliers harmless from and against any and all losses, claims, suits, proceedings, expenses, recoveries, and damages, including reasonable legal expenses and costs including attorneysâ€™ fees, due to arising out of your breach of this Agreements or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
10. Dispute Resolution
The parties agree that should a dispute arise between them they will first submit the matter to mediation. In the event the parties cannot agree to a resolution in mediation then they agree to submit the matter to binding Arbitration to be held in Redondo Beach, CA. The parties shall submit the dispute for final determination to the commercial division of the America Arbitration Association or they may by mutual consent agree to an alternative method of dispute resolution.
11. Term and Termination.
The term of your subscription shall be one (1) month. Your subscription will automatically renew in accordance with the terms and conditions posted on this Site.Â In order to cancel your subscription you must submit a cancellation request in writing to: 800 S. Pacific Coast Highway, Ste. #8-280, Redondo Beach, CA 90277 or by Fax to 310-540-4219 prior to your recurring billing date.Â Once we receive your termination notice, we will contact you to verify our receipt and we will cancel your subscription and you will not be billed further.Â In order to cancel your subscription you must be current with all payments due to us.Â In the event you are not current with all payments due to us, by submitting a cancellation request, you authorize us to charge the credit card we have on file for the full amount due to us.Â Upon receipt of the total amount due to us, we will cancel your account.
If and solely to the extent that any provision of this Agreement shall be invalid or unenforceable, or shall render this entire Agreement to be unenforceable or invalid, such offending provision shall be of no effect and shall not affect the validity of the remainder of this Agreement or any of its provisions and such provision shall be restated to reflect, as nearly as possible, the original intention of Company in accordance with applicable law.
13. Choice of Law and Venue
This Agreement is deemed to have been entered into in the State of California, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the State of California.Â If any action be brought by Company, the parties mutually agree that venue shall be Redondo Beach, CA.Â
14. Attorneys Fees and Costs.
In any action at law or equity that is brought to enforce the terms of this Agreement or dispute thereof, the prevailing party shall be entitled to an award of reasonable attorneysâ€™ fees and costs, in addition to any other equitable relief to which that party might be entitled. This provision shall be construed as applicable to this entire Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Dance Full Out, 800 S. Pacific Coast Highway, Ste. #8-280, Redondo Beach, CA, (in the case of Company) or to the email address you provide to Company during the registration process (in your case).Â Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.