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TERMS AND CONDITIONS

www.klohverleafdance.com

 

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION AND YOU ARE NOT ALLOWED TO BRING YOUR CLAIMS IN COURT, OTHER THAN ON INDIVIDUAL BASIS IN SMALL CLAIMS COURT. PLEASE SEE THE SECTION, “DISPUTE RESOLUTION”.

Welcome to the website of Klohverleaf Dance Academy, LLC (“Klohverleaf Dance Academy” or “we” or “us”). Klohverleaf Dance Academy is pleased to make the web site located at klohverleafdance.com (e.g. the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of the site and do not alter in any way the terms and conditions of any other agreement you may have with Klohverleaf Dance Academy, unless otherwise directed by Klohverleaf Dance Academy. If you breach any of these terms and conditions, your authorization to use the site automatically terminates and you must immediately discontinue use of the site.

COLLECTION OF VISITOR INFORMATION

Any information collected at the site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the site, you may be required to register with Klohverleaf Dance Academy through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

COPYRIGHT

All content, software, and technology included on the site or used in the operation of the site is the owned or licensed property of Klohverleaf Dance Academy or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Klohverleaf Dance Academy and protected by U.S. and international copyright laws. Klohverleaf Dance Academy grants you permission to view and use content, software, and technology made available to you on the site in connection with your own personal, noncommercial use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the site is strictly prohibited.

TRADEMARKS

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the site are registered and unregistered Trademarks of Klohverleaf Dance Academy and others. Nothing on the site shall be construed as granting any license or right to use any Trademark displayed on the site without the prior written permission of the Trademark owner. Other product and company names mentioned in the site may be the Trademarks of their respective owners.

OTHER INTELLECTUAL PROPERTY

All other intellectual property rights related to the content, software, and technology included on the site or used in the operation of the site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Klohverleaf Dance Academy. Any use of these rights without the prior written permission of Klohverleaf Dance Academy is strictly prohibited.

ACCURACY

Information on the site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Klohverleaf Dance Academy reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Klohverleaf Dance Academy discovers price errors, they will be corrected on Klohverleaf Dance Academy’s systems, and the corrected price will apply to your order.

DISCLAIMER OF WARRANTIES

THE site AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE site ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Klohverleaf Dance Academy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. KLOHVERLEAF DANCE ACADEMY MAKES NO REPRESENTATION THAT THE site OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Klohverleaf Dance Academy MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE site IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE site WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE site.

YOU ACKNOWLEDGE, BY YOUR USE OF THE site, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER KLOHVERLEAF DANCE ACADEMY OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE site OR THE SERVICES AVAILABLE THROUGH THE site, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Klohverleaf Dance Academy’s aggregate liability resulting from or relating to your use of the site exceed Five Dollars ($5.00).

PROHIBITED ACTIVITIES & VISITOR OBLIGATIONS

As a visitor or user of the site you shall not:

  • violate any applicable law or regulation;

  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;

  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

  • engage in any activities or manipulate identifying material to misrepresent the origin of content;

  • Post any content that is subject to any disclosure restrictions;

  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;

  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;

  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

  • interfere with or otherwise limit the use of the site by other users; or collect, compile, or store personal information about other users of the site;

  • disrupt or interfere with the operation of the site by overloading or exceeding the capacity of the site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the site or any affiliated or linked site;

  • disrupt or interfere with the security of, or otherwise cause harm to, the site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the site or any affiliated or linked site;

  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the site or the content contained therein without Klohverleaf Dance Academy’s prior, express, and written permission; or

  • use the site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the site (“User Content”). In addition to the rights granted to Klohverleaf Dance Academy elsewhere in these Terms of Use, you hereby grant Klohverleaf Dance Academy the irrevocable right to copy and use User Content in connection with the site and for the purposes related to your Post of the User Content. Although Klohverleaf Dance Academy has no obligation to screen, edit or monitor any of the User Content or user conduct on the site, Klohverleaf Dance Academy reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the site at any time and for any reason without notice. Your User Content may be available on the site for a limited period of time, as determined by Klohverleaf Dance Academy in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the site and to grant the rights to Klohverleaf Dance Academy you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

INDEMNIFICATION

You agree to indemnify, defend, and hold Klohverleaf Dance Academy and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Klohverleaf Dance Academy incurs or suffers which relate to your use of the site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

LINKS TO OTHER WEB site

The site may contain links to other web site. Additionally, other web site may contain links to the site. Klohverleaf Dance Academy does not review or monitor the web site linked to the site and Klohverleaf Dance Academy is not responsible for the content or policies of any other web site. Any link established by Klohverleaf Dance Academy does not constitute an endorsement of the other web site or create a relationship between Klohverleaf Dance Academy and the operators of other web site. Klohverleaf Dance Academy disclaims any liability with respect to your use of any other web site, and you release Klohverleaf Dance Academy from any liability related to your use of any link to another web site or your use of any other web site. Where the site contains a link to another web site owned and/or operated by Klohverleaf Dance Academy, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

CHANGES TO TERMS OF USE

Klohverleaf Dance Academy may revise these Terms of Use at any time without notice. Any use of the site following the date on which changes to these Terms of Use or the Privacy Policy are published on the site shall constitute your acceptance of all such changes. You expressly agree that Klohverleaf Dance Academy shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

YOUR ACCOUNT

If you are a registered user of any of the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Klohverleaf Dance Academy reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

KLOHVERLEAF DANCE ACADEMY RETAIL

These Terms of Use do not apply to your use of and purchase of products or services from the KLOHVERLEAFDANCE.COM/SHOP web site (the “KLOHVERLEAF DANCE ACADEMY Retail Page”). Use of and/or purchases from the Klohverleaf Dance Academy retail page are subject to different terms and conditions. Klohverleaf Dance Academy disclaims any liability with respect to your use of the Klohverleaf Dance Academy retail page, and you release Klohverleaf Dance Academy from any liability related to your use of the Klohverleaf Dance Academy retail page. Klohverleaf Dance Academy encourages you to review the return policy and other information on the Klohverleaf Dance Academy retail page prior to making a purchase or using that site.

PAYMENT

You authorize Klohverleaf Dance Academy and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the site. You represent and warrant that you are the only one who will make payments in connection with the site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Klohverleaf Dance Academy are nonrefundable, yes.

DANCE ACADEMY OWNER, EMPLOYEES, TRAINERS OR OTHER CONTRACTORS

THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN Klohverleaf Dance Academy OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the site or Klohverleaf Dance Academy facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Klohverleaf Dance Academy. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Klohverleaf Dance Academy may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Klohverleaf Dance Academy or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.

GENERAL PROVISIONS

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Klohverleaf Dance Academy to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the site is unauthorized in any jurisdiction where all or any portion of the site may violate any legal requirements and you agree not to access the site in any such jurisdiction.

You are responsible for compliance with applicable laws.

SUBMISSIONS

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Klohverleaf Dance Academy or a third party provider on the site, by a Post or otherwise (collectively, “Submissions”), shall become Klohverleaf Dance Academy’s property; and you hereby transfer, sell, and assign to Klohverleaf Dance Academy all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Klohverleaf Dance Academy has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Klohverleaf Dance Academy shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

DISPUTE RESOLUTION

a. Any dispute, controversy, or claim arising out of or relating to your relationship with Klohverleaf Dance Academy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), shall be resolved by binding arbitration. 

b.  If arbitration is held to be inapplicable for any reason, then the sole and exclusive venue for the resolution of any Claim shall be the United States District Court of Maryland or, if there is no federal jurisdiction over the action, in the courts of the State of Maryland located in Howard County. CONTACT

For questions or comments related to the site or these Terms of Use, please email us at contact@klohverleaf.info.

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