terms of service

Please read these Terms of Service ( “Terms”) carefully before using https://www.dancefactoryfitness.com.com or other websites (together, “the Site”) operated by Dance Factory Fitness LLC. (“DFF,” “Dance Factory Fitness”, “Dance Factory” “us”, “we,” or “our”), our mobile applications (“Apps”), services provided at our studios, and any other services that we provide that  link to these Terms (the Site, Apps, and other services, collectively, the “Services”).


This Terms of Service is an agreement between you, the user, and DFF and sets forth the legally binding terms and conditions for your use of the Services.  This Terms of Service hereby incorporates by reference our Privacy Policy, available at www.dancefactoryfitness.com/privacy-policy (the Terms of Service and Privacy Policy, collectively, the “Agreement”).


By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the App(s), or contributing content or other materials to the Site or on or via the App(s), you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to the Terms of Service.  Please read the Terms of Service carefully and save it.  If you do not agree with it, you should leave the Site or App and discontinue use of the Services immediately.


1 - CHANGES TO THIS AGREEMENT


We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material terms to these Terms, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.


If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Services, or discontinue any use of the Services immediately.


2 - ACCESSING THE SERVICES AND ACCOUNT SECURITY


To access the Services, you may be asked to provide certain details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.


By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Service.  By using the Services, you represent that you are over 14 years of age, and, if between the ages of 14 and 18, your parent or guardian has consented to the Terms of Service and your use of the Services.


From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and App(s).


In order to access some Services available on the Site and App(s), you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.


3 - PROHIBITED USES


You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.


Additionally, you agree not to:

  • Use the Services for any commercial purpose;

  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services;

  • Use any robot, spider or other automated device, process, or means to access the Service for any purpose;

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;

  • Otherwise attempt to interfere with the proper working of the Service.


4 - MOBILE SERVICES

Some of the Services may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase DFF via your mobile phone, (ii) the ability to receive and reply to DFF’s messages, (iii) the ability to browse DFF’s from your mobile phone and (in) the ability to access certain DFF’s features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”).  We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and tees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of such Mobile Services.


5 - THIRD-PARTY SITES

Our Services may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services.  We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.


6 - ASSIGNMENT

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.


7 - ENTIRE AGREEMENT & NO WAIVER

The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.  If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.


No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

 

8 - SERVICES INTERRUPTIONS

Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.


9 - LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES AND CANADA

 

Initial Dispute Resolution.  We are available by email at info@dancefactoryfitness.com  to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and DFF agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.


Agreement to Binding Arbitration.  If you and DFF do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration.  All claims arising out of or relating to the Terms of Service (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA Rules”) if you are in the United States or the Canadian Arbitration Association (CAA) Consumer Arbitration Rules and Mediation Procedure (“CAA Rule”) if you are in Canada,  excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and DFF shall select a single neutral arbitrator in accordance with the AAA Rules.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Service and/or this  arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and DFF shall be subject to the Federal Arbitration Act.


The current AAA rules governing the arbitration may be accessed at https://www.adr.org/Employment. Updated copies of the rules are available for review from the AAA’s website (www.adr.org).  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), DFF will pay the additional cost.  If DFF is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and DFF will arrange to pay all necessary fees directly to AAA.  DFF will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA.  You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.


You and DFF understand that, absent this mandatory provision, you and DFF would have the right to sue in court and have a jury trial.  You and DFF further understand that the right to discovery may be more limited in arbitration than in court.


Class Action and Class Arbitration Waiver.  You and DFF each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and DFF each expressly waive our respective right to file a Class action or seek relief on a Class basis.  If any court or arbitrator determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a Class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and DFF shall be deemed to have not agreed to arbitrate disputes.


Exception – Small Claims Court Claims.  Notwithstanding your and DFF agreement to resolve all disputes through arbitration, either you or DFF may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.


Exception – California Private Attorneys General Act (PAGA) Action.  Notwithstanding your and DFF’s agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.


30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and Class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@dancefactoryfitness.com and providing the following information: (i) your name, (ii) your DFF account email address; (iii) your mailing address; (iv) a statement of your wish not to resolve disputes with DFF through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section.  If you opt-out of these arbitration provisions, DFF also will not be bound by them.


Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and DFF expressly consent agree that any litigation between you and us shall be filed exclusively in state or federal courts located in and governed by the laws of the U.S. State in which the dispute arose (except for small claims court actions which may be brought in the county where you reside) or, if in connection with “WERK from Home”, the State in which the class was taught, without giving effect to any principles of conflicts of law. In the event of litigation, you and DFF agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.


10 - INDEMNIFICATION

You agree to release, indemnify, and defend Dance Factory Fitness LLC and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “Dance Factory Fitness entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

 

11 - LIMITATION OF LIABILITY

 

WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DANCE FACTORY FITNESS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.


WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.


YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANCE FACTORY FITNESS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANCE FACTORY FITNESS ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.


YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.


WITHOUT LIMITING THE FOREGOING, DANCE FACTORY FITNESS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.


12 - SEVERABILITY AND WAIVER

A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.


13 - NOTIFICATIONS

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Dance Factory is not responsible for any automatic filtering that you or your network provider may apply to such notifications.


14 - CONTACTING US

If you have any questions about the Terms of Service in relation to the Services, the Site, or App(s), please contact us at: info@dancefactoryfitness.com.