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TERMS AND CONDITIONS
(Last Updated: 05/20/2024)
These terms and conditions (hereinafter also referred to as the Terms) govern the relationship of provision by Dance Dynasty by Mari G LLC (hereinafter also referred to as we, us, Dance Dynasty by Mari G) to users (hereinafter referred to as you, your, User) of access to services and products available on the website located at dancedynastymiami.com (hereinafter referred to as the Services).
By using the website located at: dancedynastymiami.com, (hereinafter referred to as the Site), the Services, you confirm your agreement with these Terms and Conditions and the Privacy Policy.
Please read these Terms and Privacy Policy carefully each time before using the Site, the Services and before providing us with any information as they affect your rights and obligations.
If you do not agree to these Terms, do not access the Site, the Services or any other aspect of our business
1.DEFINITION OF TERMS
In these Terms, the following terms are used with the following meanings:
1.1. Terms mean these Terms and Conditions of Use together with all agreements and documents incorporated into them by reference, as amended by us from time to time.
1.2. Site means an Internet resource owned by Dance Dynasty by Mari G, located on the global Internet at the address: dancedynastymiami.com and which provides you with access to the Services.
1.3. Dance Dynasty by Mari G, we, us mean Dance Dynasty by Mari G LLC, registered and operating under the laws of the State of Florida (USA), registration number: 93-3102192, legal address: 1830 S OCEAN DR APT 3306 HALLANDALE BEACH, FL 33009.
1.4. User, you, your means you as an individual using the Site and/or our Services.
1.5. User Content means any content, information or materials posted, created or provided by Dance Dynasty by Mari G Users, including when using the Services.
1.6. Services mean a set of services and products that Users can get through the Site.
1.7. Intellectual property means content, design, information, videos, images, any names of services and products, logos, trademarks and other signs protected by intellectual property rights, which are available on the Site, when receiving the Services or otherwise provided by us.
1.8. Dispute means any dispute, claim, suit, action, ground for action, demand or proceeding.
Unless the context otherwise requires, a reference to one gender includes a reference to the other genders; words in the singular include the plural, and in the plural - the singular; any words following the terms "including", "in particular", "for example", "including but not limited to" or any other similar expressions shall be construed as illustrative and shall not limit the meaning of the words, description, definition, phrases or terms preceding those terms; section headings do not affect the interpretation of these Terms.
2.GENERAL PROVISIONS
2.1. These Terms are a legally binding agreement between you and us.
2.2. These Terms apply to all Services, materials provided by us and available on the Site, without exception.
2.3. By using the Site and our Services in any way, you: (i) acknowledge that you have read, understood, and expressly agree to these Terms and all agreements incorporated herein by reference (such as the Privacy Policy and any other agreements and communications that relate to you) and that form a legally binding agreement between you and us; (ii) assume all obligations set forth herein; (iii) represent and warrant that you have the authority and legal basis to enter into such agreements; (iv) represent and warrant that you are of legal age to enter into this agreement.
2.4. The provisions of these Terms remain in effect for as long as you use the Site and/or our Services.
2.5. If you do not accept or do not wish to be bound by these Terms, you must immediately stop using the Site, the Services.
2.6. We may, at our sole discretion, amend, modify, update and change any provision contained in these Terms. We will notify you of any amendments, changes, updates by posting a new version of the Terms on the Site and updating the "Last Updated" date at the top of this document. Unless otherwise specified by us, the updated Terms will be effective immediately after they are published on the Site.
2.7. If you do not agree to any changes to the Terms, you must immediately stop using the Services. If you continue to use the Services, you will be deemed to have read and unquestionably accept the new version of the Terms and agree to be bound by all the provisions set forth therein.
3.PROCEDURE FOR RECEIVING THE SERVICES
3.1. Dance Dynasty by Mari G provides the Users with the opportunity to obtain a package of services and products that are available on the Site. This package includes, but is not limited to: the ability to access a set number of dance classes determined at a fixed price (hereinafter also referred to as a Subscription) or to access a trial dance class that allows the User to attend one class before making a decision about purchasing a Subscription.
3.2. Subscriptions can be of different types and can include different numbers of classes. A detailed description of available Services and their current cost is presented on the Site.
3.3. We reserve the right to change or modify the cost of our Services at any time. Any such changes, modifications will enter into force after they are published on the Site.
3.4. We cannot be held liable for an offer or quotation which could reasonably be understood to contain an obvious error or inaccuracy.
3.5. To receive the Services, the User selects the appropriate Service, fills in the necessary data in the application form. Before confirming the order, the User must check the data entered in the application form and, if necessary, change them. By clicking on the "Buy" button, the User is redirected to a secure payment gateway (Stripe, PayPal, etc.), where he/she fills in his/her bank card details, after successful verification of which the payment is added to the order and an agreement is concluded between the User and Dance Dynasty by Mari G.
3.6. By selecting a subscription-based Service, the User agrees to pay all applicable fees in connection with the chosen Service. The User authorizes Dance Dynasty by Mari G to charge the provided payment method on a recurring basis, as per the subscription plan selected by the User (e.g., monthly, quarterly, annually).
3.7. The User will be charged the subscription fee at the beginning of each billing cycle, and the payment will be processed by our secure payment gateway, Stripe. The User acknowledges and agrees that the subscription will automatically renew at the end of each billing cycle unless the User cancels the subscription before the next billing cycle begins.
3.8. The User may cancel the subscription at any time through their account settings. The cancellation will take effect at the end of the current billing cycle, and the User will not be charged for the subsequent billing cycles. Refunds for payments already processed are not provided, except as required by law or at the sole discretion of Dance Dynasty by Mari G.
3.9. Permanent access to the Services will be provided in accordance with the terms of the purchased Service.
3.10. Without prejudice to other provisions of these Terms, access to the Services begins from the moment of attending the first class and is valid for exactly the period of time specified for the corresponding type of Subscription purchased by the User, unless it is previously terminated by you or us (if you violate these Terms and /or relevant laws and regulations).
3.11. The Subscription paid by the User may not be interrupted, suspended or extended in whole and/or in part in any case, even if the dance class within the Subscription was postponed by us. Canceled classes within the Subscription can be compensated to the Users by providing access to attend the same number of other classes within the validity period of the corresponding Subscription.
3.12. The Services may be used exclusively by the User personally and may not be transferred to other persons in whole and/or in part.
3.13. We provide detailed information on our Site to help you choose the right Service for you. By accessing the Services, the User agrees to pay the set price of the Service, which gives the right to attend the specified number of classes during the specified period.
3.14. All payments for the Services are final and non-refundable regardless of any circumstances, including but not limited to illness, relocation, absence from class or other personal circumstances. We are not obliged to refund in the event of the User's refusal of the Services or to provide credit for future classes in the event that the User does not use the appropriate number of classes during the specified validity period of the Subscription.
3.15. We reserve the right to change the procedure for providing the Services (class schedule, teachers or class program). In case of such changes, the User has no right to request a refund.
3.16. We guarantee the availability of classes within the purchased Subscription, but do not undertake to replace the classes you miss or to provide additional classes for unused ones.
3.17. Additional classes, which are not included in the purchased Subscription, are paid for separately according to the current tariffs specified on the Site.
3.18. If you are unable to attend a pre-booked class, please cancel the reservation no later than 24 hours before the class starts. Cancellations can be made by contacting customer service. If the reservation is not canceled 24 hours before the class starts, the class will be considered attended and you will lose credit for it.
3.19. By receiving the Services, you confirm your agreement to the non-refund terms and acknowledge that you have been properly informed of these terms.
3.20. When receiving the Services, you must comply with the following conditions:
3.20.1. Come to class early (5-10 minutes before the start). If you are late, you must start the class with an individual short warm-up, and only then proceed to the class program according to the trainer's instructions.
3.20.2. During classes, it is forbidden to chew gum, eat and drink any drinks (except still water).
3.20.3. If you need to leave the class early, you must notify the trainer before or during the class.
3.20.4. If you do not want the trainer to touch you while correcting mistakes or explaining a technique, you must let us know in advance.
3.20.5. Be polite to each other, show respect to trainers and other users. We are against gossip, fights or offensive actions towards other people. Such behavior is unacceptable, and in case of violation of these conditions, we will require you to leave the class and cancel your Subscription without refunding its cost.
3.20.6. Use toilets responsibly. Littering of toilet facilities is strictly prohibited. Violation of this rule may lead to the application of appropriate measures against the person concerned, including the obligation to reimburse the cost of removing the clogging.
3.20.7. If you are fully vaccinated you will not be required to wear a mask. If you are not fully vaccinated, please wear a mask at all times.
3.21. We bear no responsibility for lost or stolen items left unattended by the Users.
3.22. We reserve the right to refuse to provide the Services to anyone for any reason at any time.
3.23. We reserve the right to refuse to accept any order you place with us. We may, at our discretion, limit or cancel the quantity of goods purchased per person or per order. These restrictions may include orders that are paid for by the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make changes to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address and/or telephone number provided at the time of ordering. We reserve the right to limit or prohibit the processing of orders that, in our sole discretion, appear to be made by dealers, resellers or distributors.
4.PHOTO AND VIDEO RECORDING DURING THE CLASSES
4.1. Please note that our dance studio has CCTV cameras for your safety and order. If you need a complete change of clothes, please use the toilet facilities. The Users who ignore these terms may not make any claims against us in this regard.
4.2. The presence of each User at our classes is important to us and we want to preserve these memories, so we have the right to take photos and/or videos during the classes, as well as use the materials obtained as a result.
4.3. The results of photo and/or video recording can be used by us in our social networks, on the Site, in advertising materials, presentations or other similar means. They may be publicly available and may be used for commercial purposes to promote our Services in any manner not prohibited by law.
4.4. In connection with this, the User, receiving Services and attending classes, without expectation of compensation or other reward, now or in the future, gives his/her consent to Dance Dynasty by Mari G, our contractors to use his/her images and/or video recordings, and/or any statements made in interviews for the marketing and advertising purposes of Dance Dynasty by Mari G or our other media activities (including the global Internet). This consent includes, but is not limited to:
4.4.1. Permission to photo and/or video recording, interviewing, recording on tape or otherwise reproducing the User's image and/or video and/or voice;
4.4.2. Permission to use quotes from the User's interview (or excerpts from such quotes) or reproduce the User's image and/or video recording and/or voice recording in whole or in part in our publications in social networks, on the Site and/or in newsletters in informational and commercial purposes for the purpose of popularizing our Services, in any way not prohibited by law. The User understands and agrees that his/her image and/or video may be published on Dance Dynasty by Mari G social networks and/or on the Site.
4.4.3. The User provides such consent indefinitely and does not require any other additional approval.
4.4.4. If the User objects to being photographed and/or videotaped during classes, he/she must notify the representative of Dance Dynasty by Mari G in advance.
4.4.5. The User agrees and confirms that the materials obtained as a result of photo and video recording during classes, including those containing his/her image and/or video, will belong to Dance Dynasty by Mari G, as well as any other intellectual property rights to the photo and/or video recording, including those relating to the User, will also belong to Dance Dynasty by Mari G.
4.4.6. At the same time, Dance Dynasty by Mari G undertakes to respect the privacy of the Users and not to use photos and/or video and/or voice recordings in a way that may violate their personal privacy or cause them inconvenience.
4.4.7. Please note that if the User has any restrictions or requirements regarding the use of his/her image and/or video recording, he/she may ask Dance Dynasty by Mari G to stop using his/her image and/or video and/or voice recording at any time. In this case, Dance Dynasty by Mari G will take immediate steps to prevent their use in future online and offline publications, but they may continue to appear in publications already in circulation.
5.INTELLECTUAL PROPERTY. PROHIBITED AND ILLEGAL USE.
5.1. The Services contain copyrighted materials, techniques, trademarks, patents, trade secrets and other confidential information of Dance Dynasty by Mari G, its suppliers and licensors. Dance Dynasty by Mari G, its suppliers and licensors own and retain all intellectual property rights in the Services. You may not resell, transfer, or sublicense the rights under these Terms or the Services, in whole or in part. Use of the Services is limited to your personal use only. You may not decompile, disassemble, reverse engineer (except as permitted by applicable law), redesign, analyze or otherwise research, create derivative works of, modify the Services. These Terms do not transfer to you any ownership rights or rights to use any rights of Dance Dynasty by Mari G, its suppliers, partners and they reserve all rights in the Services. Except for the express license rights granted in this Agreement, no other licenses, implied or otherwise provided, are granted.
5.2. You are granted a limited, non-exclusive, non-transferable, fully revocable personal license to access and use the Services in strict accordance with these Terms. You warrant to Dance Dynasty by Mari G that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for by the Services.
5.3. You agree to comply with all copyright and other proprietary notices of Dance Dynasty by Mari G.
6.USER CONTENT
6.1. You may be permitted to post, create or provide User Content on the Site. If you post, create or provide any User Content, you must ensure that such content is always true, accurate, complete and current and that you own all intellectual property rights in such content or otherwise have the right to use it, and that such content does not violate any third-party rights or laws. You are solely responsible for your User Content.
6.2. We do not review all User Content at once and do not have the ability to do so. We do not assume any obligation with respect to User Content, such as an obligation to review or post such User Content, or an obligation of confidentiality.
6.3. We always reserve the right to remove any User Content without any prior notice or liability if we determine, in our sole discretion, that such content is offensive, objectionable, may cause harm to us, or violates these Terms, any laws or public order.
6.4. We may use, reproduce, disclose, make publicly available and otherwise use any of your comments, suggestions, recommendations or other feedback provided in connection with the Services, our other tools around the world, in our sole discretion, at any time, without limitation or any obligations to you.
6.5. By creating User Content, providing us with any information in connection with obtaining the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up, worldwide license (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User Content, as well as the right to transfer these rights to third parties in whole or in part.
7.DISCLAIMER
7.1. To the maximum extent permitted by law, except as expressly provided in these Terms, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THEM AT YOUR OWN RISK. Dance Dynasty by Mari G MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF THE RIGHT OF USE, NON-INFRINGEMENT, INTEGRITY, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM ANY USE OF THE SERVICES. Dance Dynasty by Mari G DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Dance Dynasty by Mari G AND ITS SUPPLIERS, LICENSORS, DO NOT WARRANT OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, THE SERVICES OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES.
7.2. We make no warranties, express or implied, and hereby expressly disclaim any warranties and/or representations that:
7.3. By using the Services, you acknowledge and agree that:
7.3.1. You are aware of all potential risks and side effects that may occur while taking dance classes. You understand that certain health conditions (for example, injuries of the musculoskeletal system, disorders of the nervous and/or cardiovascular system, chronic diseases, etc.) may negatively affect your condition and the results of classes.
7.3.2. You have consulted your doctor regarding your health condition and the possible risks that may arise from exercising with your health condition.
7.3.3. You will notify us in advance of any known chronic diseases and conditions that may be dangerous to your physical or mental health, as well as any medications you are currently taking or have taken in the past.
7.3.4. You understand and agree that we are not responsible for your health before, during, or after receiving the Services related to dance classes.
7.3.5. You understand that you may terminate or suspend the Services, classes at your own discretion at any time in the event of any discomfort and assume full responsibility for the consequences that may arise during the classes, including, but not limited to, weakness, headache, increase or decrease in blood pressure, injuries, fractures, muscle pain, etc. You understand that such consequences may be a side effect during the implementation of the practices and confirm your readiness for possible negative consequences in the process of receiving the Services.
7.3.6. You confirm your understanding that our trainers are not doctors and do not have medical training and therefore cannot independently diagnose any clinical conditions. You confirm your readiness to inform us of any problems that have arisen and, if necessary, contact the appropriate specialists.
7.3.7. You confirm that you have provided us with all the information necessary to understand your health condition. You confirm that you will perform the practices solely at your own will and initiative, without pressure from Dance Dynasty by Mari G (instructors or third parties).
7.3.8. You confirm that, by agreeing to receive the Services, you did not act under the influence of deception, you are convinced of the professionalism and honesty of Dance Dynasty by Mari G (instructors or third parties), as well as the safety of the proposed practices for your health and you personally.
7.3.9. You understand that the results of the classes may vary depending on the individual characteristics and health condition of each user, and do not expect any guaranteed results from the Services.
7.4. You hereby confirm that you waive any claims against us related to the deterioration of your physical or mental condition during or after classes. You acknowledge that you are familiar with the information about the possibility of such consequences and understand that in the event of any discomfort, you are fully responsible for stopping or refusing to continue classes. You also confirm your obligation to inform us immediately of any discomfort or negative changes in your physical or mental state that may occur during classes.
7.5. In no event shall we, our officers, directors, employees, trainers, agents be liable to you or any other individual for any direct, indirect, incidental, special, punitive or consequential damages, loss of profits (including expected profit), loss of data, impairment, and business interruption, including anything that may result from:
7.7. You have no right, and to the maximum extent permitted by law, you waive any right, to seek compensation from us for the damages listed above in this section. As far as some jurisdictions do not allow the exclusions or limitations set forth in these Terms, the above exclusions and limitations apply to the maximum extent permitted by law. Neither the provisions of this section nor any other provision of these Terms shall limit or be intended to limit liability arising out of fraud, willful misconduct or gross negligence.
8.UPDATE, AVAILABILITY AND UPDATE
8.1. We may from time to time and without prior notice make certain updates, improvements or modifications to the Site, including but not limited to updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure or other services, and we in no event shall we be liable for any such update.
8.2. We may limit or suspend your access to the Site and/or the use of the Services immediately and without any liability to us if:
9.FORCE MAJEURE
9.1 We shall not be liable for any delay or failure to comply with these Terms, including, but not limited to, for any inaccuracy, error, delay or omission of any information, or the transmission or delivery of information; for any loss or damage resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: floods, extreme weather conditions, earthquakes or other natural disasters, fire, declared or undeclared war, military operation or invasion, epidemics, pandemics, insurrections, riots, labor disputes, accidents, actions of government, court, regulatory or other authorities, including the issuance of cease and desist orders, communications failure, hacker attacks, malware attacks, software defects, malfunctions, power failure, malfunction or error of hardware or software or any other cause beyond our reasonable control.
10.THIRD-PARTY LINKS
10.1. Certain content, products and services available via our Site may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.INDEMNIFICATION
11.1. You are solely liable for the proper performance of these Terms and shall indemnify us against any loss or damage caused by your failure to perform or unsatisfactory performance of these Terms.
11.2. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Dance Dynasty by Mari G, its affiliates and their respective directors, officers, employees, agents, contractors, licensors, suppliers, successors, from and against any and all claims, demands, actions, damages, costs and expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms and your use of the Services. You must notify us immediately of any occurrence that may result in any loss, claim, damage, expense or liability recoverable under this section. Such notification does not release you from the obligation to indemnify. We reserve the right to exercise sole control over the protection of our rights.
12.VALIDITY PERIOD OF THE TERMS
12.1. From the moment you obtain any access to the Services, these Terms will apply to you in full for an unlimited period.
12.2. The validity period of the Subscription, which provides the opportunity to use our Services taking into account these Terms, remains valid during the period for which you made the payment.
12.3. Expiration of your Subscription means that your access to the Services will cease immediately.
13.COMPLAINTS PROCEDURE
13.1. To register a formal complaint, please email us at dancedynastymiami@gmail.com. The email must include your name, address, email address and phone number, a detailed description of your problem (claim), and the specific remedy you wish to obtain.
13.2. A detailed description of the problem will enable us to respond to your complaint as quickly as possible without asking you for additional information.
13.3. After you submit a complaint, you will receive a reply to your e-mail confirming that we have received the complaint within 48 hours of receiving it.
13.4. Our Customer Support Service will respond to your complaint as soon as possible and will make every effort to resolve your issue quickly and efficiently.
13.5. We will make a final decision on your complaint within 30 working days. However, in the case of the complexity of the problem and if the complaint cannot be properly resolved within 30 working days, we may extend the period for a further 20 working days. In this case, you will be notified that the term is being extended and the reasons for such extension.
13.6. If your complaint requires us to involve a third party, a final decision on your complaint will be made within 2 (two) months.
13.7. If your complaint concerns the processing of your personal data, we consider it in accordance with the procedure defined in the Privacy Policy and in accordance with the time frames established by law. We will respond to such a complaint within one month from the date of receipt.
13.8. If we are unable to reach an agreement to resolve your problem, you may seek arbitration in the State of Florida pursuant to Section 13 of these Terms.
14.APPLICABLE LAW. SETTLEMENT OF DISPUTES
14.1. These Terms and any relationship between you and us relating to the Services or any transaction contemplated by these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law or principles that would cause application of the laws of any other jurisdiction.
14.2. Except for any Dispute in which either party seeks an injunctive or other remedy for alleged illegal use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we hereby agree to settle and finally resolve any dispute arising in connection with these Terms or the Services in binding arbitration and in accordance with the provisions of this section. Binding arbitration is the submission of a dispute to a qualified person(s) who will review the dispute and make a final and binding decision to resolve the dispute by issuing an appropriate order.
14.3. In the event of a Dispute in any way related to these Terms, the Services and other documents referenced in these Terms, you must first contact us and attempt to resolve the dispute amicably by sending us an appropriate complaint (claim) to the email address: dancedynastymiami@gmail.com. For more detailed information on the procedure for resolving disputes in the claim procedure refer to the section Complaints Procedure.
14.4. If you and we are unable to reach an agreement to resolve the Dispute within fifty (50) days of receipt of your complaint, then either party may submit the Dispute to binding arbitration in accordance with the terms set forth below.
14.5. Any dispute arising out of or in connection with these Terms shall be resolved by arbitration in the State of Florida.
14.6. Any dispute arising out of or related to these Terms is personal between you and us and will be resolved exclusively in individual arbitration and will not be considered as a class arbitration, class action or any other type of representative proceeding under no circumstances. There will be no class or other representative actions, whether in or out of arbitration, where an individual seeks to resolve a dispute as a representative of another individual or group of individuals.
14.7. To the maximum extent permitted by law, you and we waive the right to a jury trial, class action arbitration, and the right to have any dispute resolved in court.
14.8 To the maximum extent permitted by law, you and we hereby agree that any claim arising out of or related to these Terms or the Services must be made no later than 1 (one) year after the cause of action arose; if a claim is not made within this period, such claim will be permanently blocked, which means that neither you nor we will be entitled to make such a claim.
15.NOTICES
15.1. You agree to receive electronically all notices, agreements and any other documents we provide in connection with these Terms, your use of the Services. You agree that we may provide you with communications by posting them on the Site. We may also (but shall not be obligated to) send relevant notices to the email address provided at the time of ordering, by communicating with you via instant chat and/or by other electronic means of communication such as text messages or mobile push notifications. All notices set forth in this paragraph shall be deemed to be in writing, valid and in full force and effect, and delivered to you on the day after they are posted or sent.
15.2. You can communicate with us electronically by sending a message to our email address: dancedynastymiami@gmail.com and through our support team's instant chat. We may ask you to provide additional information or documents that will allow us to identify you.
16.MISCELLANEOUS
16.1. No failure or delay on our part to exercise any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of that or any other right or remedy.
16.2. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
16.3. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms, and no such transfer shall require your further consent or approval.
16.4. The invalidity or unenforceability of any provision or part of a provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in effect.
16.5. Section headings are for convenience only and should not be used to limit or explain such sections.
16.6. These Terms and all related documents have been entered into in the English language. Any translation of this document is provided for informational purposes only and has no legal effect and does not create any contractual relationship between the parties.
17.OUR CONTACTS:
Dance Dynasty by Mari G LLC
Registration code: 93-3102192
Address: 12900 W Dixie Hwy, North Miami, Fl, 32161
E-mail: dancedynastymiami@gmail.com
(Last Updated: 05/20/2024)
These terms and conditions (hereinafter also referred to as the Terms) govern the relationship of provision by Dance Dynasty by Mari G LLC (hereinafter also referred to as we, us, Dance Dynasty by Mari G) to users (hereinafter referred to as you, your, User) of access to services and products available on the website located at dancedynastymiami.com (hereinafter referred to as the Services).
By using the website located at: dancedynastymiami.com, (hereinafter referred to as the Site), the Services, you confirm your agreement with these Terms and Conditions and the Privacy Policy.
Please read these Terms and Privacy Policy carefully each time before using the Site, the Services and before providing us with any information as they affect your rights and obligations.
If you do not agree to these Terms, do not access the Site, the Services or any other aspect of our business
1.DEFINITION OF TERMS
In these Terms, the following terms are used with the following meanings:
1.1. Terms mean these Terms and Conditions of Use together with all agreements and documents incorporated into them by reference, as amended by us from time to time.
1.2. Site means an Internet resource owned by Dance Dynasty by Mari G, located on the global Internet at the address: dancedynastymiami.com and which provides you with access to the Services.
1.3. Dance Dynasty by Mari G, we, us mean Dance Dynasty by Mari G LLC, registered and operating under the laws of the State of Florida (USA), registration number: 93-3102192, legal address: 1830 S OCEAN DR APT 3306 HALLANDALE BEACH, FL 33009.
1.4. User, you, your means you as an individual using the Site and/or our Services.
1.5. User Content means any content, information or materials posted, created or provided by Dance Dynasty by Mari G Users, including when using the Services.
1.6. Services mean a set of services and products that Users can get through the Site.
1.7. Intellectual property means content, design, information, videos, images, any names of services and products, logos, trademarks and other signs protected by intellectual property rights, which are available on the Site, when receiving the Services or otherwise provided by us.
1.8. Dispute means any dispute, claim, suit, action, ground for action, demand or proceeding.
Unless the context otherwise requires, a reference to one gender includes a reference to the other genders; words in the singular include the plural, and in the plural - the singular; any words following the terms "including", "in particular", "for example", "including but not limited to" or any other similar expressions shall be construed as illustrative and shall not limit the meaning of the words, description, definition, phrases or terms preceding those terms; section headings do not affect the interpretation of these Terms.
2.GENERAL PROVISIONS
2.1. These Terms are a legally binding agreement between you and us.
2.2. These Terms apply to all Services, materials provided by us and available on the Site, without exception.
2.3. By using the Site and our Services in any way, you: (i) acknowledge that you have read, understood, and expressly agree to these Terms and all agreements incorporated herein by reference (such as the Privacy Policy and any other agreements and communications that relate to you) and that form a legally binding agreement between you and us; (ii) assume all obligations set forth herein; (iii) represent and warrant that you have the authority and legal basis to enter into such agreements; (iv) represent and warrant that you are of legal age to enter into this agreement.
2.4. The provisions of these Terms remain in effect for as long as you use the Site and/or our Services.
2.5. If you do not accept or do not wish to be bound by these Terms, you must immediately stop using the Site, the Services.
2.6. We may, at our sole discretion, amend, modify, update and change any provision contained in these Terms. We will notify you of any amendments, changes, updates by posting a new version of the Terms on the Site and updating the "Last Updated" date at the top of this document. Unless otherwise specified by us, the updated Terms will be effective immediately after they are published on the Site.
2.7. If you do not agree to any changes to the Terms, you must immediately stop using the Services. If you continue to use the Services, you will be deemed to have read and unquestionably accept the new version of the Terms and agree to be bound by all the provisions set forth therein.
3.PROCEDURE FOR RECEIVING THE SERVICES
3.1. Dance Dynasty by Mari G provides the Users with the opportunity to obtain a package of services and products that are available on the Site. This package includes, but is not limited to: the ability to access a set number of dance classes determined at a fixed price (hereinafter also referred to as a Subscription) or to access a trial dance class that allows the User to attend one class before making a decision about purchasing a Subscription.
3.2. Subscriptions can be of different types and can include different numbers of classes. A detailed description of available Services and their current cost is presented on the Site.
3.3. We reserve the right to change or modify the cost of our Services at any time. Any such changes, modifications will enter into force after they are published on the Site.
3.4. We cannot be held liable for an offer or quotation which could reasonably be understood to contain an obvious error or inaccuracy.
3.5. To receive the Services, the User selects the appropriate Service, fills in the necessary data in the application form. Before confirming the order, the User must check the data entered in the application form and, if necessary, change them. By clicking on the "Buy" button, the User is redirected to a secure payment gateway (Stripe, PayPal, etc.), where he/she fills in his/her bank card details, after successful verification of which the payment is added to the order and an agreement is concluded between the User and Dance Dynasty by Mari G.
3.6. By selecting a subscription-based Service, the User agrees to pay all applicable fees in connection with the chosen Service. The User authorizes Dance Dynasty by Mari G to charge the provided payment method on a recurring basis, as per the subscription plan selected by the User (e.g., monthly, quarterly, annually).
3.7. The User will be charged the subscription fee at the beginning of each billing cycle, and the payment will be processed by our secure payment gateway, Stripe. The User acknowledges and agrees that the subscription will automatically renew at the end of each billing cycle unless the User cancels the subscription before the next billing cycle begins.
3.8. The User may cancel the subscription at any time through their account settings. The cancellation will take effect at the end of the current billing cycle, and the User will not be charged for the subsequent billing cycles. Refunds for payments already processed are not provided, except as required by law or at the sole discretion of Dance Dynasty by Mari G.
3.9. Permanent access to the Services will be provided in accordance with the terms of the purchased Service.
3.10. Without prejudice to other provisions of these Terms, access to the Services begins from the moment of attending the first class and is valid for exactly the period of time specified for the corresponding type of Subscription purchased by the User, unless it is previously terminated by you or us (if you violate these Terms and /or relevant laws and regulations).
3.11. The Subscription paid by the User may not be interrupted, suspended or extended in whole and/or in part in any case, even if the dance class within the Subscription was postponed by us. Canceled classes within the Subscription can be compensated to the Users by providing access to attend the same number of other classes within the validity period of the corresponding Subscription.
3.12. The Services may be used exclusively by the User personally and may not be transferred to other persons in whole and/or in part.
3.13. We provide detailed information on our Site to help you choose the right Service for you. By accessing the Services, the User agrees to pay the set price of the Service, which gives the right to attend the specified number of classes during the specified period.
3.14. All payments for the Services are final and non-refundable regardless of any circumstances, including but not limited to illness, relocation, absence from class or other personal circumstances. We are not obliged to refund in the event of the User's refusal of the Services or to provide credit for future classes in the event that the User does not use the appropriate number of classes during the specified validity period of the Subscription.
3.15. We reserve the right to change the procedure for providing the Services (class schedule, teachers or class program). In case of such changes, the User has no right to request a refund.
3.16. We guarantee the availability of classes within the purchased Subscription, but do not undertake to replace the classes you miss or to provide additional classes for unused ones.
3.17. Additional classes, which are not included in the purchased Subscription, are paid for separately according to the current tariffs specified on the Site.
3.18. If you are unable to attend a pre-booked class, please cancel the reservation no later than 24 hours before the class starts. Cancellations can be made by contacting customer service. If the reservation is not canceled 24 hours before the class starts, the class will be considered attended and you will lose credit for it.
3.19. By receiving the Services, you confirm your agreement to the non-refund terms and acknowledge that you have been properly informed of these terms.
3.20. When receiving the Services, you must comply with the following conditions:
3.20.1. Come to class early (5-10 minutes before the start). If you are late, you must start the class with an individual short warm-up, and only then proceed to the class program according to the trainer's instructions.
3.20.2. During classes, it is forbidden to chew gum, eat and drink any drinks (except still water).
3.20.3. If you need to leave the class early, you must notify the trainer before or during the class.
3.20.4. If you do not want the trainer to touch you while correcting mistakes or explaining a technique, you must let us know in advance.
3.20.5. Be polite to each other, show respect to trainers and other users. We are against gossip, fights or offensive actions towards other people. Such behavior is unacceptable, and in case of violation of these conditions, we will require you to leave the class and cancel your Subscription without refunding its cost.
3.20.6. Use toilets responsibly. Littering of toilet facilities is strictly prohibited. Violation of this rule may lead to the application of appropriate measures against the person concerned, including the obligation to reimburse the cost of removing the clogging.
3.20.7. If you are fully vaccinated you will not be required to wear a mask. If you are not fully vaccinated, please wear a mask at all times.
3.21. We bear no responsibility for lost or stolen items left unattended by the Users.
3.22. We reserve the right to refuse to provide the Services to anyone for any reason at any time.
3.23. We reserve the right to refuse to accept any order you place with us. We may, at our discretion, limit or cancel the quantity of goods purchased per person or per order. These restrictions may include orders that are paid for by the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make changes to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address and/or telephone number provided at the time of ordering. We reserve the right to limit or prohibit the processing of orders that, in our sole discretion, appear to be made by dealers, resellers or distributors.
4.PHOTO AND VIDEO RECORDING DURING THE CLASSES
4.1. Please note that our dance studio has CCTV cameras for your safety and order. If you need a complete change of clothes, please use the toilet facilities. The Users who ignore these terms may not make any claims against us in this regard.
4.2. The presence of each User at our classes is important to us and we want to preserve these memories, so we have the right to take photos and/or videos during the classes, as well as use the materials obtained as a result.
4.3. The results of photo and/or video recording can be used by us in our social networks, on the Site, in advertising materials, presentations or other similar means. They may be publicly available and may be used for commercial purposes to promote our Services in any manner not prohibited by law.
4.4. In connection with this, the User, receiving Services and attending classes, without expectation of compensation or other reward, now or in the future, gives his/her consent to Dance Dynasty by Mari G, our contractors to use his/her images and/or video recordings, and/or any statements made in interviews for the marketing and advertising purposes of Dance Dynasty by Mari G or our other media activities (including the global Internet). This consent includes, but is not limited to:
4.4.1. Permission to photo and/or video recording, interviewing, recording on tape or otherwise reproducing the User's image and/or video and/or voice;
4.4.2. Permission to use quotes from the User's interview (or excerpts from such quotes) or reproduce the User's image and/or video recording and/or voice recording in whole or in part in our publications in social networks, on the Site and/or in newsletters in informational and commercial purposes for the purpose of popularizing our Services, in any way not prohibited by law. The User understands and agrees that his/her image and/or video may be published on Dance Dynasty by Mari G social networks and/or on the Site.
4.4.3. The User provides such consent indefinitely and does not require any other additional approval.
4.4.4. If the User objects to being photographed and/or videotaped during classes, he/she must notify the representative of Dance Dynasty by Mari G in advance.
4.4.5. The User agrees and confirms that the materials obtained as a result of photo and video recording during classes, including those containing his/her image and/or video, will belong to Dance Dynasty by Mari G, as well as any other intellectual property rights to the photo and/or video recording, including those relating to the User, will also belong to Dance Dynasty by Mari G.
4.4.6. At the same time, Dance Dynasty by Mari G undertakes to respect the privacy of the Users and not to use photos and/or video and/or voice recordings in a way that may violate their personal privacy or cause them inconvenience.
4.4.7. Please note that if the User has any restrictions or requirements regarding the use of his/her image and/or video recording, he/she may ask Dance Dynasty by Mari G to stop using his/her image and/or video and/or voice recording at any time. In this case, Dance Dynasty by Mari G will take immediate steps to prevent their use in future online and offline publications, but they may continue to appear in publications already in circulation.
5.INTELLECTUAL PROPERTY. PROHIBITED AND ILLEGAL USE.
5.1. The Services contain copyrighted materials, techniques, trademarks, patents, trade secrets and other confidential information of Dance Dynasty by Mari G, its suppliers and licensors. Dance Dynasty by Mari G, its suppliers and licensors own and retain all intellectual property rights in the Services. You may not resell, transfer, or sublicense the rights under these Terms or the Services, in whole or in part. Use of the Services is limited to your personal use only. You may not decompile, disassemble, reverse engineer (except as permitted by applicable law), redesign, analyze or otherwise research, create derivative works of, modify the Services. These Terms do not transfer to you any ownership rights or rights to use any rights of Dance Dynasty by Mari G, its suppliers, partners and they reserve all rights in the Services. Except for the express license rights granted in this Agreement, no other licenses, implied or otherwise provided, are granted.
5.2. You are granted a limited, non-exclusive, non-transferable, fully revocable personal license to access and use the Services in strict accordance with these Terms. You warrant to Dance Dynasty by Mari G that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for by the Services.
5.3. You agree to comply with all copyright and other proprietary notices of Dance Dynasty by Mari G.
6.USER CONTENT
6.1. You may be permitted to post, create or provide User Content on the Site. If you post, create or provide any User Content, you must ensure that such content is always true, accurate, complete and current and that you own all intellectual property rights in such content or otherwise have the right to use it, and that such content does not violate any third-party rights or laws. You are solely responsible for your User Content.
6.2. We do not review all User Content at once and do not have the ability to do so. We do not assume any obligation with respect to User Content, such as an obligation to review or post such User Content, or an obligation of confidentiality.
6.3. We always reserve the right to remove any User Content without any prior notice or liability if we determine, in our sole discretion, that such content is offensive, objectionable, may cause harm to us, or violates these Terms, any laws or public order.
6.4. We may use, reproduce, disclose, make publicly available and otherwise use any of your comments, suggestions, recommendations or other feedback provided in connection with the Services, our other tools around the world, in our sole discretion, at any time, without limitation or any obligations to you.
6.5. By creating User Content, providing us with any information in connection with obtaining the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up, worldwide license (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User Content, as well as the right to transfer these rights to third parties in whole or in part.
7.DISCLAIMER
7.1. To the maximum extent permitted by law, except as expressly provided in these Terms, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THEM AT YOUR OWN RISK. Dance Dynasty by Mari G MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF THE RIGHT OF USE, NON-INFRINGEMENT, INTEGRITY, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM ANY USE OF THE SERVICES. Dance Dynasty by Mari G DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Dance Dynasty by Mari G AND ITS SUPPLIERS, LICENSORS, DO NOT WARRANT OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, THE SERVICES OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES.
7.2. We make no warranties, express or implied, and hereby expressly disclaim any warranties and/or representations that:
- the Services will function as expected without errors or that any errors will be corrected;
- the Services will be secure or available at any particular time or location, or will continue to operate for any period of time;
- any information contained on the Site or otherwise obtained by you in connection with the use of the Services will be timely, accurate, reliable, trustworthy or correct;
- the use of the Services will meet your expectations or be suitable for a specific purpose and will give you specific results.
7.3. By using the Services, you acknowledge and agree that:
7.3.1. You are aware of all potential risks and side effects that may occur while taking dance classes. You understand that certain health conditions (for example, injuries of the musculoskeletal system, disorders of the nervous and/or cardiovascular system, chronic diseases, etc.) may negatively affect your condition and the results of classes.
7.3.2. You have consulted your doctor regarding your health condition and the possible risks that may arise from exercising with your health condition.
7.3.3. You will notify us in advance of any known chronic diseases and conditions that may be dangerous to your physical or mental health, as well as any medications you are currently taking or have taken in the past.
7.3.4. You understand and agree that we are not responsible for your health before, during, or after receiving the Services related to dance classes.
7.3.5. You understand that you may terminate or suspend the Services, classes at your own discretion at any time in the event of any discomfort and assume full responsibility for the consequences that may arise during the classes, including, but not limited to, weakness, headache, increase or decrease in blood pressure, injuries, fractures, muscle pain, etc. You understand that such consequences may be a side effect during the implementation of the practices and confirm your readiness for possible negative consequences in the process of receiving the Services.
7.3.6. You confirm your understanding that our trainers are not doctors and do not have medical training and therefore cannot independently diagnose any clinical conditions. You confirm your readiness to inform us of any problems that have arisen and, if necessary, contact the appropriate specialists.
7.3.7. You confirm that you have provided us with all the information necessary to understand your health condition. You confirm that you will perform the practices solely at your own will and initiative, without pressure from Dance Dynasty by Mari G (instructors or third parties).
7.3.8. You confirm that, by agreeing to receive the Services, you did not act under the influence of deception, you are convinced of the professionalism and honesty of Dance Dynasty by Mari G (instructors or third parties), as well as the safety of the proposed practices for your health and you personally.
7.3.9. You understand that the results of the classes may vary depending on the individual characteristics and health condition of each user, and do not expect any guaranteed results from the Services.
7.4. You hereby confirm that you waive any claims against us related to the deterioration of your physical or mental condition during or after classes. You acknowledge that you are familiar with the information about the possibility of such consequences and understand that in the event of any discomfort, you are fully responsible for stopping or refusing to continue classes. You also confirm your obligation to inform us immediately of any discomfort or negative changes in your physical or mental state that may occur during classes.
7.5. In no event shall we, our officers, directors, employees, trainers, agents be liable to you or any other individual for any direct, indirect, incidental, special, punitive or consequential damages, loss of profits (including expected profit), loss of data, impairment, and business interruption, including anything that may result from:
- inaccuracy, incompleteness or content of the Services;
- inaccuracy, incompleteness or content of any websites linked (via hyperlinks, banner ads or otherwise) to the Site;
- the Services found on the Site or any other websites linked (by hyperlink, banner ads or otherwise) to the Site;
- damage to physical and/or moral health;
- bodily injury or material damage of any nature;
- behavior of third parties of any nature;
- any unauthorized access or use of our Services and/or any content, personal data or other information and data stored on them;
- the use or impossibility of using the Services and/or non-compliance of the Services with the declared or expected characteristics;
- any loss or damage of any kind incurred as a result of your use of the Services whether based on warranty, contract, tort or any other legal or equitable assumption, and whether or not we have been notified about the possibility of such losses.
7.7. You have no right, and to the maximum extent permitted by law, you waive any right, to seek compensation from us for the damages listed above in this section. As far as some jurisdictions do not allow the exclusions or limitations set forth in these Terms, the above exclusions and limitations apply to the maximum extent permitted by law. Neither the provisions of this section nor any other provision of these Terms shall limit or be intended to limit liability arising out of fraud, willful misconduct or gross negligence.
8.UPDATE, AVAILABILITY AND UPDATE
8.1. We may from time to time and without prior notice make certain updates, improvements or modifications to the Site, including but not limited to updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure or other services, and we in no event shall we be liable for any such update.
8.2. We may limit or suspend your access to the Site and/or the use of the Services immediately and without any liability to us if:
- we, acting at our sole discretion, determine that you have violated these Terms, relevant laws or regulations;
- you or your actions create possible negative legal consequences for us;
- you have not paid the cost of the Service;
- your actions or inactions related to the use of the Site, the Services interfere with the normal operation of the Site, the Services or otherwise cause or may cause damage, loss or other adverse consequences to Dance Dynasty by Mari G or other Users.
9.FORCE MAJEURE
9.1 We shall not be liable for any delay or failure to comply with these Terms, including, but not limited to, for any inaccuracy, error, delay or omission of any information, or the transmission or delivery of information; for any loss or damage resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: floods, extreme weather conditions, earthquakes or other natural disasters, fire, declared or undeclared war, military operation or invasion, epidemics, pandemics, insurrections, riots, labor disputes, accidents, actions of government, court, regulatory or other authorities, including the issuance of cease and desist orders, communications failure, hacker attacks, malware attacks, software defects, malfunctions, power failure, malfunction or error of hardware or software or any other cause beyond our reasonable control.
10.THIRD-PARTY LINKS
10.1. Certain content, products and services available via our Site may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.INDEMNIFICATION
11.1. You are solely liable for the proper performance of these Terms and shall indemnify us against any loss or damage caused by your failure to perform or unsatisfactory performance of these Terms.
11.2. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Dance Dynasty by Mari G, its affiliates and their respective directors, officers, employees, agents, contractors, licensors, suppliers, successors, from and against any and all claims, demands, actions, damages, costs and expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms and your use of the Services. You must notify us immediately of any occurrence that may result in any loss, claim, damage, expense or liability recoverable under this section. Such notification does not release you from the obligation to indemnify. We reserve the right to exercise sole control over the protection of our rights.
12.VALIDITY PERIOD OF THE TERMS
12.1. From the moment you obtain any access to the Services, these Terms will apply to you in full for an unlimited period.
12.2. The validity period of the Subscription, which provides the opportunity to use our Services taking into account these Terms, remains valid during the period for which you made the payment.
12.3. Expiration of your Subscription means that your access to the Services will cease immediately.
13.COMPLAINTS PROCEDURE
13.1. To register a formal complaint, please email us at dancedynastymiami@gmail.com. The email must include your name, address, email address and phone number, a detailed description of your problem (claim), and the specific remedy you wish to obtain.
13.2. A detailed description of the problem will enable us to respond to your complaint as quickly as possible without asking you for additional information.
13.3. After you submit a complaint, you will receive a reply to your e-mail confirming that we have received the complaint within 48 hours of receiving it.
13.4. Our Customer Support Service will respond to your complaint as soon as possible and will make every effort to resolve your issue quickly and efficiently.
13.5. We will make a final decision on your complaint within 30 working days. However, in the case of the complexity of the problem and if the complaint cannot be properly resolved within 30 working days, we may extend the period for a further 20 working days. In this case, you will be notified that the term is being extended and the reasons for such extension.
13.6. If your complaint requires us to involve a third party, a final decision on your complaint will be made within 2 (two) months.
13.7. If your complaint concerns the processing of your personal data, we consider it in accordance with the procedure defined in the Privacy Policy and in accordance with the time frames established by law. We will respond to such a complaint within one month from the date of receipt.
13.8. If we are unable to reach an agreement to resolve your problem, you may seek arbitration in the State of Florida pursuant to Section 13 of these Terms.
14.APPLICABLE LAW. SETTLEMENT OF DISPUTES
14.1. These Terms and any relationship between you and us relating to the Services or any transaction contemplated by these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law or principles that would cause application of the laws of any other jurisdiction.
14.2. Except for any Dispute in which either party seeks an injunctive or other remedy for alleged illegal use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we hereby agree to settle and finally resolve any dispute arising in connection with these Terms or the Services in binding arbitration and in accordance with the provisions of this section. Binding arbitration is the submission of a dispute to a qualified person(s) who will review the dispute and make a final and binding decision to resolve the dispute by issuing an appropriate order.
14.3. In the event of a Dispute in any way related to these Terms, the Services and other documents referenced in these Terms, you must first contact us and attempt to resolve the dispute amicably by sending us an appropriate complaint (claim) to the email address: dancedynastymiami@gmail.com. For more detailed information on the procedure for resolving disputes in the claim procedure refer to the section Complaints Procedure.
14.4. If you and we are unable to reach an agreement to resolve the Dispute within fifty (50) days of receipt of your complaint, then either party may submit the Dispute to binding arbitration in accordance with the terms set forth below.
14.5. Any dispute arising out of or in connection with these Terms shall be resolved by arbitration in the State of Florida.
14.6. Any dispute arising out of or related to these Terms is personal between you and us and will be resolved exclusively in individual arbitration and will not be considered as a class arbitration, class action or any other type of representative proceeding under no circumstances. There will be no class or other representative actions, whether in or out of arbitration, where an individual seeks to resolve a dispute as a representative of another individual or group of individuals.
14.7. To the maximum extent permitted by law, you and we waive the right to a jury trial, class action arbitration, and the right to have any dispute resolved in court.
14.8 To the maximum extent permitted by law, you and we hereby agree that any claim arising out of or related to these Terms or the Services must be made no later than 1 (one) year after the cause of action arose; if a claim is not made within this period, such claim will be permanently blocked, which means that neither you nor we will be entitled to make such a claim.
15.NOTICES
15.1. You agree to receive electronically all notices, agreements and any other documents we provide in connection with these Terms, your use of the Services. You agree that we may provide you with communications by posting them on the Site. We may also (but shall not be obligated to) send relevant notices to the email address provided at the time of ordering, by communicating with you via instant chat and/or by other electronic means of communication such as text messages or mobile push notifications. All notices set forth in this paragraph shall be deemed to be in writing, valid and in full force and effect, and delivered to you on the day after they are posted or sent.
15.2. You can communicate with us electronically by sending a message to our email address: dancedynastymiami@gmail.com and through our support team's instant chat. We may ask you to provide additional information or documents that will allow us to identify you.
16.MISCELLANEOUS
16.1. No failure or delay on our part to exercise any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of that or any other right or remedy.
16.2. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
16.3. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms, and no such transfer shall require your further consent or approval.
16.4. The invalidity or unenforceability of any provision or part of a provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in effect.
16.5. Section headings are for convenience only and should not be used to limit or explain such sections.
16.6. These Terms and all related documents have been entered into in the English language. Any translation of this document is provided for informational purposes only and has no legal effect and does not create any contractual relationship between the parties.
17.OUR CONTACTS:
Dance Dynasty by Mari G LLC
Registration code: 93-3102192
Address: 12900 W Dixie Hwy, North Miami, Fl, 32161
E-mail: dancedynastymiami@gmail.com
TERMS AND CONDITIONS
(Last Updated: 05/20/2024)
These terms and conditions (hereinafter also referred to as the Terms) govern the relationship of provision by Dance Dynasty by Mari G LLC (hereinafter also referred to as we, us, Dance Dynasty by Mari G) to users (hereinafter referred to as you, your, User) of access to services and products available on the website located at dancedynastymiami.com (hereinafter referred to as the Services).
By using the website located at: dancedynastymiami.com, (hereinafter referred to as the Site), the Services, you confirm your agreement with these Terms and Conditions and the Privacy Policy.
Please read these Terms and Privacy Policy carefully each time before using the Site, the Services and before providing us with any information as they affect your rights and obligations.
If you do not agree to these Terms, do not access the Site, the Services or any other aspect of our business
1.DEFINITION OF TERMS
In these Terms, the following terms are used with the following meanings:
1.1. Terms mean these Terms and Conditions of Use together with all agreements and documents incorporated into them by reference, as amended by us from time to time.
1.2. Site means an Internet resource owned by Dance Dynasty by Mari G, located on the global Internet at the address: dancedynastymiami.com and which provides you with access to the Services.
1.3. Dance Dynasty by Mari G, we, us mean Dance Dynasty by Mari G LLC, registered and operating under the laws of the State of Florida (USA), registration number: 93-3102192, legal address: 1830 S OCEAN DR APT 3306 HALLANDALE BEACH, FL 33009.
1.4. User, you, your means you as an individual using the Site and/or our Services.
1.5. User Content means any content, information or materials posted, created or provided by Dance Dynasty by Mari G Users, including when using the Services.
1.6. Services mean a set of services and products that Users can get through the Site.
1.7. Intellectual property means content, design, information, videos, images, any names of services and products, logos, trademarks and other signs protected by intellectual property rights, which are available on the Site, when receiving the Services or otherwise provided by us.
1.8. Dispute means any dispute, claim, suit, action, ground for action, demand or proceeding.
Unless the context otherwise requires, a reference to one gender includes a reference to the other genders; words in the singular include the plural, and in the plural - the singular; any words following the terms "including", "in particular", "for example", "including but not limited to" or any other similar expressions shall be construed as illustrative and shall not limit the meaning of the words, description, definition, phrases or terms preceding those terms; section headings do not affect the interpretation of these Terms.
2.GENERAL PROVISIONS
2.1. These Terms are a legally binding agreement between you and us.
2.2. These Terms apply to all Services, materials provided by us and available on the Site, without exception.
2.3. By using the Site and our Services in any way, you: (i) acknowledge that you have read, understood, and expressly agree to these Terms and all agreements incorporated herein by reference (such as the Privacy Policy and any other agreements and communications that relate to you) and that form a legally binding agreement between you and us; (ii) assume all obligations set forth herein; (iii) represent and warrant that you have the authority and legal basis to enter into such agreements; (iv) represent and warrant that you are of legal age to enter into this agreement.
2.4. The provisions of these Terms remain in effect for as long as you use the Site and/or our Services.
2.5. If you do not accept or do not wish to be bound by these Terms, you must immediately stop using the Site, the Services.
2.6. We may, at our sole discretion, amend, modify, update and change any provision contained in these Terms. We will notify you of any amendments, changes, updates by posting a new version of the Terms on the Site and updating the "Last Updated" date at the top of this document. Unless otherwise specified by us, the updated Terms will be effective immediately after they are published on the Site.
2.7. If you do not agree to any changes to the Terms, you must immediately stop using the Services. If you continue to use the Services, you will be deemed to have read and unquestionably accept the new version of the Terms and agree to be bound by all the provisions set forth therein.
3.PROCEDURE FOR RECEIVING THE SERVICES
3.1. Dance Dynasty by Mari G provides the Users with the opportunity to obtain a package of services and products that are available on the Site. This package includes, but is not limited to: the ability to access a set number of dance classes determined at a fixed price (hereinafter also referred to as a Subscription) or to access a trial dance class that allows the User to attend one class before making a decision about purchasing a Subscription.
3.2. Subscriptions can be of different types and can include different numbers of classes. A detailed description of available Services and their current cost is presented on the Site.
3.3. We reserve the right to change or modify the cost of our Services at any time. Any such changes, modifications will enter into force after they are published on the Site.
3.4. We cannot be held liable for an offer or quotation which could reasonably be understood to contain an obvious error or inaccuracy.
3.5. To receive the Services, the User selects the appropriate Service, fills in the necessary data in the application form. Before confirming the order, the User must check the data entered in the application form and, if necessary, change them. By clicking on the "Buy" button, the User is redirected to a secure payment gateway (Stripe, PayPal, etc.), where he/she fills in his/her bank card details, after successful verification of which the payment is added to the order and an agreement is concluded between the User and Dance Dynasty by Mari G.
3.6. By selecting a subscription-based Service, the User agrees to pay all applicable fees in connection with the chosen Service. The User authorizes Dance Dynasty by Mari G to charge the provided payment method on a recurring basis, as per the subscription plan selected by the User (e.g., monthly, quarterly, annually).
3.7. The User will be charged the subscription fee at the beginning of each billing cycle, and the payment will be processed by our secure payment gateway, Stripe. The User acknowledges and agrees that the subscription will automatically renew at the end of each billing cycle unless the User cancels the subscription before the next billing cycle begins.
3.8. The User may cancel the subscription at any time through their account settings. The cancellation will take effect at the end of the current billing cycle, and the User will not be charged for the subsequent billing cycles. Refunds for payments already processed are not provided, except as required by law or at the sole discretion of Dance Dynasty by Mari G.
3.9. Permanent access to the Services will be provided in accordance with the terms of the purchased Service.
3.10. Without prejudice to other provisions of these Terms, access to the Services begins from the moment of attending the first class and is valid for exactly the period of time specified for the corresponding type of Subscription purchased by the User, unless it is previously terminated by you or us (if you violate these Terms and /or relevant laws and regulations).
3.11. The Subscription paid by the User may not be interrupted, suspended or extended in whole and/or in part in any case, even if the dance class within the Subscription was postponed by us. Canceled classes within the Subscription can be compensated to the Users by providing access to attend the same number of other classes within the validity period of the corresponding Subscription.
3.12. The Services may be used exclusively by the User personally and may not be transferred to other persons in whole and/or in part.
3.13. We provide detailed information on our Site to help you choose the right Service for you. By accessing the Services, the User agrees to pay the set price of the Service, which gives the right to attend the specified number of classes during the specified period.
3.14. All payments for the Services are final and non-refundable regardless of any circumstances, including but not limited to illness, relocation, absence from class or other personal circumstances. We are not obliged to refund in the event of the User's refusal of the Services or to provide credit for future classes in the event that the User does not use the appropriate number of classes during the specified validity period of the Subscription.
3.15. We reserve the right to change the procedure for providing the Services (class schedule, teachers or class program). In case of such changes, the User has no right to request a refund.
3.16. We guarantee the availability of classes within the purchased Subscription, but do not undertake to replace the classes you miss or to provide additional classes for unused ones.
3.17. Additional classes, which are not included in the purchased Subscription, are paid for separately according to the current tariffs specified on the Site.
3.18. If you are unable to attend a pre-booked class, please cancel the reservation no later than 24 hours before the class starts. Cancellations can be made by contacting customer service. If the reservation is not canceled 24 hours before the class starts, the class will be considered attended and you will lose credit for it.
3.19. By receiving the Services, you confirm your agreement to the non-refund terms and acknowledge that you have been properly informed of these terms.
3.20. When receiving the Services, you must comply with the following conditions:
3.20.1. Come to class early (5-10 minutes before the start). If you are late, you must start the class with an individual short warm-up, and only then proceed to the class program according to the trainer's instructions.
3.20.2. During classes, it is forbidden to chew gum, eat and drink any drinks (except still water).
3.20.3. If you need to leave the class early, you must notify the trainer before or during the class.
3.20.4. If you do not want the trainer to touch you while correcting mistakes or explaining a technique, you must let us know in advance.
3.20.5. Be polite to each other, show respect to trainers and other users. We are against gossip, fights or offensive actions towards other people. Such behavior is unacceptable, and in case of violation of these conditions, we will require you to leave the class and cancel your Subscription without refunding its cost.
3.20.6. Use toilets responsibly. Littering of toilet facilities is strictly prohibited. Violation of this rule may lead to the application of appropriate measures against the person concerned, including the obligation to reimburse the cost of removing the clogging.
3.20.7. If you are fully vaccinated you will not be required to wear a mask. If you are not fully vaccinated, please wear a mask at all times.
3.21. We bear no responsibility for lost or stolen items left unattended by the Users.
3.22. We reserve the right to refuse to provide the Services to anyone for any reason at any time.
3.23. We reserve the right to refuse to accept any order you place with us. We may, at our discretion, limit or cancel the quantity of goods purchased per person or per order. These restrictions may include orders that are paid for by the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make changes to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address and/or telephone number provided at the time of ordering. We reserve the right to limit or prohibit the processing of orders that, in our sole discretion, appear to be made by dealers, resellers or distributors.
4.PHOTO AND VIDEO RECORDING DURING THE CLASSES
4.1. Please note that our dance studio has CCTV cameras for your safety and order. If you need a complete change of clothes, please use the toilet facilities. The Users who ignore these terms may not make any claims against us in this regard.
4.2. The presence of each User at our classes is important to us and we want to preserve these memories, so we have the right to take photos and/or videos during the classes, as well as use the materials obtained as a result.
4.3. The results of photo and/or video recording can be used by us in our social networks, on the Site, in advertising materials, presentations or other similar means. They may be publicly available and may be used for commercial purposes to promote our Services in any manner not prohibited by law.
4.4. In connection with this, the User, receiving Services and attending classes, without expectation of compensation or other reward, now or in the future, gives his/her consent to Dance Dynasty by Mari G, our contractors to use his/her images and/or video recordings, and/or any statements made in interviews for the marketing and advertising purposes of Dance Dynasty by Mari G or our other media activities (including the global Internet). This consent includes, but is not limited to:
4.4.1. Permission to photo and/or video recording, interviewing, recording on tape or otherwise reproducing the User's image and/or video and/or voice;
4.4.2. Permission to use quotes from the User's interview (or excerpts from such quotes) or reproduce the User's image and/or video recording and/or voice recording in whole or in part in our publications in social networks, on the Site and/or in newsletters in informational and commercial purposes for the purpose of popularizing our Services, in any way not prohibited by law. The User understands and agrees that his/her image and/or video may be published on Dance Dynasty by Mari G social networks and/or on the Site.
4.4.3. The User provides such consent indefinitely and does not require any other additional approval.
4.4.4. If the User objects to being photographed and/or videotaped during classes, he/she must notify the representative of Dance Dynasty by Mari G in advance.
4.4.5. The User agrees and confirms that the materials obtained as a result of photo and video recording during classes, including those containing his/her image and/or video, will belong to Dance Dynasty by Mari G, as well as any other intellectual property rights to the photo and/or video recording, including those relating to the User, will also belong to Dance Dynasty by Mari G.
4.4.6. At the same time, Dance Dynasty by Mari G undertakes to respect the privacy of the Users and not to use photos and/or video and/or voice recordings in a way that may violate their personal privacy or cause them inconvenience.
4.4.7. Please note that if the User has any restrictions or requirements regarding the use of his/her image and/or video recording, he/she may ask Dance Dynasty by Mari G to stop using his/her image and/or video and/or voice recording at any time. In this case, Dance Dynasty by Mari G will take immediate steps to prevent their use in future online and offline publications, but they may continue to appear in publications already in circulation.
5.INTELLECTUAL PROPERTY. PROHIBITED AND ILLEGAL USE.
5.1. The Services contain copyrighted materials, techniques, trademarks, patents, trade secrets and other confidential information of Dance Dynasty by Mari G, its suppliers and licensors. Dance Dynasty by Mari G, its suppliers and licensors own and retain all intellectual property rights in the Services. You may not resell, transfer, or sublicense the rights under these Terms or the Services, in whole or in part. Use of the Services is limited to your personal use only. You may not decompile, disassemble, reverse engineer (except as permitted by applicable law), redesign, analyze or otherwise research, create derivative works of, modify the Services. These Terms do not transfer to you any ownership rights or rights to use any rights of Dance Dynasty by Mari G, its suppliers, partners and they reserve all rights in the Services. Except for the express license rights granted in this Agreement, no other licenses, implied or otherwise provided, are granted.
5.2. You are granted a limited, non-exclusive, non-transferable, fully revocable personal license to access and use the Services in strict accordance with these Terms. You warrant to Dance Dynasty by Mari G that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for by the Services.
5.3. You agree to comply with all copyright and other proprietary notices of Dance Dynasty by Mari G.
6.USER CONTENT
6.1. You may be permitted to post, create or provide User Content on the Site. If you post, create or provide any User Content, you must ensure that such content is always true, accurate, complete and current and that you own all intellectual property rights in such content or otherwise have the right to use it, and that such content does not violate any third-party rights or laws. You are solely responsible for your User Content.
6.2. We do not review all User Content at once and do not have the ability to do so. We do not assume any obligation with respect to User Content, such as an obligation to review or post such User Content, or an obligation of confidentiality.
6.3. We always reserve the right to remove any User Content without any prior notice or liability if we determine, in our sole discretion, that such content is offensive, objectionable, may cause harm to us, or violates these Terms, any laws or public order.
6.4. We may use, reproduce, disclose, make publicly available and otherwise use any of your comments, suggestions, recommendations or other feedback provided in connection with the Services, our other tools around the world, in our sole discretion, at any time, without limitation or any obligations to you.
6.5. By creating User Content, providing us with any information in connection with obtaining the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up, worldwide license (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User Content, as well as the right to transfer these rights to third parties in whole or in part.
7.DISCLAIMER
7.1. To the maximum extent permitted by law, except as expressly provided in these Terms, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THEM AT YOUR OWN RISK. Dance Dynasty by Mari G MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF THE RIGHT OF USE, NON-INFRINGEMENT, INTEGRITY, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM ANY USE OF THE SERVICES. Dance Dynasty by Mari G DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Dance Dynasty by Mari G AND ITS SUPPLIERS, LICENSORS, DO NOT WARRANT OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, THE SERVICES OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES.
7.2. We make no warranties, express or implied, and hereby expressly disclaim any warranties and/or representations that:
7.3. By using the Services, you acknowledge and agree that:
7.3.1. You are aware of all potential risks and side effects that may occur while taking dance classes. You understand that certain health conditions (for example, injuries of the musculoskeletal system, disorders of the nervous and/or cardiovascular system, chronic diseases, etc.) may negatively affect your condition and the results of classes.
7.3.2. You have consulted your doctor regarding your health condition and the possible risks that may arise from exercising with your health condition.
7.3.3. You will notify us in advance of any known chronic diseases and conditions that may be dangerous to your physical or mental health, as well as any medications you are currently taking or have taken in the past.
7.3.4. You understand and agree that we are not responsible for your health before, during, or after receiving the Services related to dance classes.
7.3.5. You understand that you may terminate or suspend the Services, classes at your own discretion at any time in the event of any discomfort and assume full responsibility for the consequences that may arise during the classes, including, but not limited to, weakness, headache, increase or decrease in blood pressure, injuries, fractures, muscle pain, etc. You understand that such consequences may be a side effect during the implementation of the practices and confirm your readiness for possible negative consequences in the process of receiving the Services.
7.3.6. You confirm your understanding that our trainers are not doctors and do not have medical training and therefore cannot independently diagnose any clinical conditions. You confirm your readiness to inform us of any problems that have arisen and, if necessary, contact the appropriate specialists.
7.3.7. You confirm that you have provided us with all the information necessary to understand your health condition. You confirm that you will perform the practices solely at your own will and initiative, without pressure from Dance Dynasty by Mari G (instructors or third parties).
7.3.8. You confirm that, by agreeing to receive the Services, you did not act under the influence of deception, you are convinced of the professionalism and honesty of Dance Dynasty by Mari G (instructors or third parties), as well as the safety of the proposed practices for your health and you personally.
7.3.9. You understand that the results of the classes may vary depending on the individual characteristics and health condition of each user, and do not expect any guaranteed results from the Services.
7.4. You hereby confirm that you waive any claims against us related to the deterioration of your physical or mental condition during or after classes. You acknowledge that you are familiar with the information about the possibility of such consequences and understand that in the event of any discomfort, you are fully responsible for stopping or refusing to continue classes. You also confirm your obligation to inform us immediately of any discomfort or negative changes in your physical or mental state that may occur during classes.
7.5. In no event shall we, our officers, directors, employees, trainers, agents be liable to you or any other individual for any direct, indirect, incidental, special, punitive or consequential damages, loss of profits (including expected profit), loss of data, impairment, and business interruption, including anything that may result from:
7.7. You have no right, and to the maximum extent permitted by law, you waive any right, to seek compensation from us for the damages listed above in this section. As far as some jurisdictions do not allow the exclusions or limitations set forth in these Terms, the above exclusions and limitations apply to the maximum extent permitted by law. Neither the provisions of this section nor any other provision of these Terms shall limit or be intended to limit liability arising out of fraud, willful misconduct or gross negligence.
8.UPDATE, AVAILABILITY AND UPDATE
8.1. We may from time to time and without prior notice make certain updates, improvements or modifications to the Site, including but not limited to updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure or other services, and we in no event shall we be liable for any such update.
8.2. We may limit or suspend your access to the Site and/or the use of the Services immediately and without any liability to us if:
9.FORCE MAJEURE
9.1 We shall not be liable for any delay or failure to comply with these Terms, including, but not limited to, for any inaccuracy, error, delay or omission of any information, or the transmission or delivery of information; for any loss or damage resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: floods, extreme weather conditions, earthquakes or other natural disasters, fire, declared or undeclared war, military operation or invasion, epidemics, pandemics, insurrections, riots, labor disputes, accidents, actions of government, court, regulatory or other authorities, including the issuance of cease and desist orders, communications failure, hacker attacks, malware attacks, software defects, malfunctions, power failure, malfunction or error of hardware or software or any other cause beyond our reasonable control.
10.THIRD-PARTY LINKS
10.1. Certain content, products and services available via our Site may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.INDEMNIFICATION
11.1. You are solely liable for the proper performance of these Terms and shall indemnify us against any loss or damage caused by your failure to perform or unsatisfactory performance of these Terms.
11.2. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Dance Dynasty by Mari G, its affiliates and their respective directors, officers, employees, agents, contractors, licensors, suppliers, successors, from and against any and all claims, demands, actions, damages, costs and expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms and your use of the Services. You must notify us immediately of any occurrence that may result in any loss, claim, damage, expense or liability recoverable under this section. Such notification does not release you from the obligation to indemnify. We reserve the right to exercise sole control over the protection of our rights.
12.VALIDITY PERIOD OF THE TERMS
12.1. From the moment you obtain any access to the Services, these Terms will apply to you in full for an unlimited period.
12.2. The validity period of the Subscription, which provides the opportunity to use our Services taking into account these Terms, remains valid during the period for which you made the payment.
12.3. Expiration of your Subscription means that your access to the Services will cease immediately.
13.COMPLAINTS PROCEDURE
13.1. To register a formal complaint, please email us at dancedynastymiami@gmail.com. The email must include your name, address, email address and phone number, a detailed description of your problem (claim), and the specific remedy you wish to obtain.
13.2. A detailed description of the problem will enable us to respond to your complaint as quickly as possible without asking you for additional information.
13.3. After you submit a complaint, you will receive a reply to your e-mail confirming that we have received the complaint within 48 hours of receiving it.
13.4. Our Customer Support Service will respond to your complaint as soon as possible and will make every effort to resolve your issue quickly and efficiently.
13.5. We will make a final decision on your complaint within 30 working days. However, in the case of the complexity of the problem and if the complaint cannot be properly resolved within 30 working days, we may extend the period for a further 20 working days. In this case, you will be notified that the term is being extended and the reasons for such extension.
13.6. If your complaint requires us to involve a third party, a final decision on your complaint will be made within 2 (two) months.
13.7. If your complaint concerns the processing of your personal data, we consider it in accordance with the procedure defined in the Privacy Policy and in accordance with the time frames established by law. We will respond to such a complaint within one month from the date of receipt.
13.8. If we are unable to reach an agreement to resolve your problem, you may seek arbitration in the State of Florida pursuant to Section 13 of these Terms.
14.APPLICABLE LAW. SETTLEMENT OF DISPUTES
14.1. These Terms and any relationship between you and us relating to the Services or any transaction contemplated by these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law or principles that would cause application of the laws of any other jurisdiction.
14.2. Except for any Dispute in which either party seeks an injunctive or other remedy for alleged illegal use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we hereby agree to settle and finally resolve any dispute arising in connection with these Terms or the Services in binding arbitration and in accordance with the provisions of this section. Binding arbitration is the submission of a dispute to a qualified person(s) who will review the dispute and make a final and binding decision to resolve the dispute by issuing an appropriate order.
14.3. In the event of a Dispute in any way related to these Terms, the Services and other documents referenced in these Terms, you must first contact us and attempt to resolve the dispute amicably by sending us an appropriate complaint (claim) to the email address: dancedynastymiami@gmail.com. For more detailed information on the procedure for resolving disputes in the claim procedure refer to the section Complaints Procedure.
14.4. If you and we are unable to reach an agreement to resolve the Dispute within fifty (50) days of receipt of your complaint, then either party may submit the Dispute to binding arbitration in accordance with the terms set forth below.
14.5. Any dispute arising out of or in connection with these Terms shall be resolved by arbitration in the State of Florida.
14.6. Any dispute arising out of or related to these Terms is personal between you and us and will be resolved exclusively in individual arbitration and will not be considered as a class arbitration, class action or any other type of representative proceeding under no circumstances. There will be no class or other representative actions, whether in or out of arbitration, where an individual seeks to resolve a dispute as a representative of another individual or group of individuals.
14.7. To the maximum extent permitted by law, you and we waive the right to a jury trial, class action arbitration, and the right to have any dispute resolved in court.
14.8 To the maximum extent permitted by law, you and we hereby agree that any claim arising out of or related to these Terms or the Services must be made no later than 1 (one) year after the cause of action arose; if a claim is not made within this period, such claim will be permanently blocked, which means that neither you nor we will be entitled to make such a claim.
15.NOTICES
15.1. You agree to receive electronically all notices, agreements and any other documents we provide in connection with these Terms, your use of the Services. You agree that we may provide you with communications by posting them on the Site. We may also (but shall not be obligated to) send relevant notices to the email address provided at the time of ordering, by communicating with you via instant chat and/or by other electronic means of communication such as text messages or mobile push notifications. All notices set forth in this paragraph shall be deemed to be in writing, valid and in full force and effect, and delivered to you on the day after they are posted or sent.
15.2. You can communicate with us electronically by sending a message to our email address: dancedynastymiami@gmail.com and through our support team's instant chat. We may ask you to provide additional information or documents that will allow us to identify you.
16.MISCELLANEOUS
16.1. No failure or delay on our part to exercise any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of that or any other right or remedy.
16.2. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
16.3. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms, and no such transfer shall require your further consent or approval.
16.4. The invalidity or unenforceability of any provision or part of a provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in effect.
16.5. Section headings are for convenience only and should not be used to limit or explain such sections.
16.6. These Terms and all related documents have been entered into in the English language. Any translation of this document is provided for informational purposes only and has no legal effect and does not create any contractual relationship between the parties.
17.OUR CONTACTS:
Dance Dynasty by Mari G LLC
Registration code: 93-3102192
Address: 12900 W Dixie Hwy, North Miami, Fl, 32161
E-mail: dancedynastymiami@gmail.com
(Last Updated: 05/20/2024)
These terms and conditions (hereinafter also referred to as the Terms) govern the relationship of provision by Dance Dynasty by Mari G LLC (hereinafter also referred to as we, us, Dance Dynasty by Mari G) to users (hereinafter referred to as you, your, User) of access to services and products available on the website located at dancedynastymiami.com (hereinafter referred to as the Services).
By using the website located at: dancedynastymiami.com, (hereinafter referred to as the Site), the Services, you confirm your agreement with these Terms and Conditions and the Privacy Policy.
Please read these Terms and Privacy Policy carefully each time before using the Site, the Services and before providing us with any information as they affect your rights and obligations.
If you do not agree to these Terms, do not access the Site, the Services or any other aspect of our business
1.DEFINITION OF TERMS
In these Terms, the following terms are used with the following meanings:
1.1. Terms mean these Terms and Conditions of Use together with all agreements and documents incorporated into them by reference, as amended by us from time to time.
1.2. Site means an Internet resource owned by Dance Dynasty by Mari G, located on the global Internet at the address: dancedynastymiami.com and which provides you with access to the Services.
1.3. Dance Dynasty by Mari G, we, us mean Dance Dynasty by Mari G LLC, registered and operating under the laws of the State of Florida (USA), registration number: 93-3102192, legal address: 1830 S OCEAN DR APT 3306 HALLANDALE BEACH, FL 33009.
1.4. User, you, your means you as an individual using the Site and/or our Services.
1.5. User Content means any content, information or materials posted, created or provided by Dance Dynasty by Mari G Users, including when using the Services.
1.6. Services mean a set of services and products that Users can get through the Site.
1.7. Intellectual property means content, design, information, videos, images, any names of services and products, logos, trademarks and other signs protected by intellectual property rights, which are available on the Site, when receiving the Services or otherwise provided by us.
1.8. Dispute means any dispute, claim, suit, action, ground for action, demand or proceeding.
Unless the context otherwise requires, a reference to one gender includes a reference to the other genders; words in the singular include the plural, and in the plural - the singular; any words following the terms "including", "in particular", "for example", "including but not limited to" or any other similar expressions shall be construed as illustrative and shall not limit the meaning of the words, description, definition, phrases or terms preceding those terms; section headings do not affect the interpretation of these Terms.
2.GENERAL PROVISIONS
2.1. These Terms are a legally binding agreement between you and us.
2.2. These Terms apply to all Services, materials provided by us and available on the Site, without exception.
2.3. By using the Site and our Services in any way, you: (i) acknowledge that you have read, understood, and expressly agree to these Terms and all agreements incorporated herein by reference (such as the Privacy Policy and any other agreements and communications that relate to you) and that form a legally binding agreement between you and us; (ii) assume all obligations set forth herein; (iii) represent and warrant that you have the authority and legal basis to enter into such agreements; (iv) represent and warrant that you are of legal age to enter into this agreement.
2.4. The provisions of these Terms remain in effect for as long as you use the Site and/or our Services.
2.5. If you do not accept or do not wish to be bound by these Terms, you must immediately stop using the Site, the Services.
2.6. We may, at our sole discretion, amend, modify, update and change any provision contained in these Terms. We will notify you of any amendments, changes, updates by posting a new version of the Terms on the Site and updating the "Last Updated" date at the top of this document. Unless otherwise specified by us, the updated Terms will be effective immediately after they are published on the Site.
2.7. If you do not agree to any changes to the Terms, you must immediately stop using the Services. If you continue to use the Services, you will be deemed to have read and unquestionably accept the new version of the Terms and agree to be bound by all the provisions set forth therein.
3.PROCEDURE FOR RECEIVING THE SERVICES
3.1. Dance Dynasty by Mari G provides the Users with the opportunity to obtain a package of services and products that are available on the Site. This package includes, but is not limited to: the ability to access a set number of dance classes determined at a fixed price (hereinafter also referred to as a Subscription) or to access a trial dance class that allows the User to attend one class before making a decision about purchasing a Subscription.
3.2. Subscriptions can be of different types and can include different numbers of classes. A detailed description of available Services and their current cost is presented on the Site.
3.3. We reserve the right to change or modify the cost of our Services at any time. Any such changes, modifications will enter into force after they are published on the Site.
3.4. We cannot be held liable for an offer or quotation which could reasonably be understood to contain an obvious error or inaccuracy.
3.5. To receive the Services, the User selects the appropriate Service, fills in the necessary data in the application form. Before confirming the order, the User must check the data entered in the application form and, if necessary, change them. By clicking on the "Buy" button, the User is redirected to a secure payment gateway (Stripe, PayPal, etc.), where he/she fills in his/her bank card details, after successful verification of which the payment is added to the order and an agreement is concluded between the User and Dance Dynasty by Mari G.
3.6. By selecting a subscription-based Service, the User agrees to pay all applicable fees in connection with the chosen Service. The User authorizes Dance Dynasty by Mari G to charge the provided payment method on a recurring basis, as per the subscription plan selected by the User (e.g., monthly, quarterly, annually).
3.7. The User will be charged the subscription fee at the beginning of each billing cycle, and the payment will be processed by our secure payment gateway, Stripe. The User acknowledges and agrees that the subscription will automatically renew at the end of each billing cycle unless the User cancels the subscription before the next billing cycle begins.
3.8. The User may cancel the subscription at any time through their account settings. The cancellation will take effect at the end of the current billing cycle, and the User will not be charged for the subsequent billing cycles. Refunds for payments already processed are not provided, except as required by law or at the sole discretion of Dance Dynasty by Mari G.
3.9. Permanent access to the Services will be provided in accordance with the terms of the purchased Service.
3.10. Without prejudice to other provisions of these Terms, access to the Services begins from the moment of attending the first class and is valid for exactly the period of time specified for the corresponding type of Subscription purchased by the User, unless it is previously terminated by you or us (if you violate these Terms and /or relevant laws and regulations).
3.11. The Subscription paid by the User may not be interrupted, suspended or extended in whole and/or in part in any case, even if the dance class within the Subscription was postponed by us. Canceled classes within the Subscription can be compensated to the Users by providing access to attend the same number of other classes within the validity period of the corresponding Subscription.
3.12. The Services may be used exclusively by the User personally and may not be transferred to other persons in whole and/or in part.
3.13. We provide detailed information on our Site to help you choose the right Service for you. By accessing the Services, the User agrees to pay the set price of the Service, which gives the right to attend the specified number of classes during the specified period.
3.14. All payments for the Services are final and non-refundable regardless of any circumstances, including but not limited to illness, relocation, absence from class or other personal circumstances. We are not obliged to refund in the event of the User's refusal of the Services or to provide credit for future classes in the event that the User does not use the appropriate number of classes during the specified validity period of the Subscription.
3.15. We reserve the right to change the procedure for providing the Services (class schedule, teachers or class program). In case of such changes, the User has no right to request a refund.
3.16. We guarantee the availability of classes within the purchased Subscription, but do not undertake to replace the classes you miss or to provide additional classes for unused ones.
3.17. Additional classes, which are not included in the purchased Subscription, are paid for separately according to the current tariffs specified on the Site.
3.18. If you are unable to attend a pre-booked class, please cancel the reservation no later than 24 hours before the class starts. Cancellations can be made by contacting customer service. If the reservation is not canceled 24 hours before the class starts, the class will be considered attended and you will lose credit for it.
3.19. By receiving the Services, you confirm your agreement to the non-refund terms and acknowledge that you have been properly informed of these terms.
3.20. When receiving the Services, you must comply with the following conditions:
3.20.1. Come to class early (5-10 minutes before the start). If you are late, you must start the class with an individual short warm-up, and only then proceed to the class program according to the trainer's instructions.
3.20.2. During classes, it is forbidden to chew gum, eat and drink any drinks (except still water).
3.20.3. If you need to leave the class early, you must notify the trainer before or during the class.
3.20.4. If you do not want the trainer to touch you while correcting mistakes or explaining a technique, you must let us know in advance.
3.20.5. Be polite to each other, show respect to trainers and other users. We are against gossip, fights or offensive actions towards other people. Such behavior is unacceptable, and in case of violation of these conditions, we will require you to leave the class and cancel your Subscription without refunding its cost.
3.20.6. Use toilets responsibly. Littering of toilet facilities is strictly prohibited. Violation of this rule may lead to the application of appropriate measures against the person concerned, including the obligation to reimburse the cost of removing the clogging.
3.20.7. If you are fully vaccinated you will not be required to wear a mask. If you are not fully vaccinated, please wear a mask at all times.
3.21. We bear no responsibility for lost or stolen items left unattended by the Users.
3.22. We reserve the right to refuse to provide the Services to anyone for any reason at any time.
3.23. We reserve the right to refuse to accept any order you place with us. We may, at our discretion, limit or cancel the quantity of goods purchased per person or per order. These restrictions may include orders that are paid for by the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make changes to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address and/or telephone number provided at the time of ordering. We reserve the right to limit or prohibit the processing of orders that, in our sole discretion, appear to be made by dealers, resellers or distributors.
4.PHOTO AND VIDEO RECORDING DURING THE CLASSES
4.1. Please note that our dance studio has CCTV cameras for your safety and order. If you need a complete change of clothes, please use the toilet facilities. The Users who ignore these terms may not make any claims against us in this regard.
4.2. The presence of each User at our classes is important to us and we want to preserve these memories, so we have the right to take photos and/or videos during the classes, as well as use the materials obtained as a result.
4.3. The results of photo and/or video recording can be used by us in our social networks, on the Site, in advertising materials, presentations or other similar means. They may be publicly available and may be used for commercial purposes to promote our Services in any manner not prohibited by law.
4.4. In connection with this, the User, receiving Services and attending classes, without expectation of compensation or other reward, now or in the future, gives his/her consent to Dance Dynasty by Mari G, our contractors to use his/her images and/or video recordings, and/or any statements made in interviews for the marketing and advertising purposes of Dance Dynasty by Mari G or our other media activities (including the global Internet). This consent includes, but is not limited to:
4.4.1. Permission to photo and/or video recording, interviewing, recording on tape or otherwise reproducing the User's image and/or video and/or voice;
4.4.2. Permission to use quotes from the User's interview (or excerpts from such quotes) or reproduce the User's image and/or video recording and/or voice recording in whole or in part in our publications in social networks, on the Site and/or in newsletters in informational and commercial purposes for the purpose of popularizing our Services, in any way not prohibited by law. The User understands and agrees that his/her image and/or video may be published on Dance Dynasty by Mari G social networks and/or on the Site.
4.4.3. The User provides such consent indefinitely and does not require any other additional approval.
4.4.4. If the User objects to being photographed and/or videotaped during classes, he/she must notify the representative of Dance Dynasty by Mari G in advance.
4.4.5. The User agrees and confirms that the materials obtained as a result of photo and video recording during classes, including those containing his/her image and/or video, will belong to Dance Dynasty by Mari G, as well as any other intellectual property rights to the photo and/or video recording, including those relating to the User, will also belong to Dance Dynasty by Mari G.
4.4.6. At the same time, Dance Dynasty by Mari G undertakes to respect the privacy of the Users and not to use photos and/or video and/or voice recordings in a way that may violate their personal privacy or cause them inconvenience.
4.4.7. Please note that if the User has any restrictions or requirements regarding the use of his/her image and/or video recording, he/she may ask Dance Dynasty by Mari G to stop using his/her image and/or video and/or voice recording at any time. In this case, Dance Dynasty by Mari G will take immediate steps to prevent their use in future online and offline publications, but they may continue to appear in publications already in circulation.
5.INTELLECTUAL PROPERTY. PROHIBITED AND ILLEGAL USE.
5.1. The Services contain copyrighted materials, techniques, trademarks, patents, trade secrets and other confidential information of Dance Dynasty by Mari G, its suppliers and licensors. Dance Dynasty by Mari G, its suppliers and licensors own and retain all intellectual property rights in the Services. You may not resell, transfer, or sublicense the rights under these Terms or the Services, in whole or in part. Use of the Services is limited to your personal use only. You may not decompile, disassemble, reverse engineer (except as permitted by applicable law), redesign, analyze or otherwise research, create derivative works of, modify the Services. These Terms do not transfer to you any ownership rights or rights to use any rights of Dance Dynasty by Mari G, its suppliers, partners and they reserve all rights in the Services. Except for the express license rights granted in this Agreement, no other licenses, implied or otherwise provided, are granted.
5.2. You are granted a limited, non-exclusive, non-transferable, fully revocable personal license to access and use the Services in strict accordance with these Terms. You warrant to Dance Dynasty by Mari G that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally provided for by the Services.
5.3. You agree to comply with all copyright and other proprietary notices of Dance Dynasty by Mari G.
6.USER CONTENT
6.1. You may be permitted to post, create or provide User Content on the Site. If you post, create or provide any User Content, you must ensure that such content is always true, accurate, complete and current and that you own all intellectual property rights in such content or otherwise have the right to use it, and that such content does not violate any third-party rights or laws. You are solely responsible for your User Content.
6.2. We do not review all User Content at once and do not have the ability to do so. We do not assume any obligation with respect to User Content, such as an obligation to review or post such User Content, or an obligation of confidentiality.
6.3. We always reserve the right to remove any User Content without any prior notice or liability if we determine, in our sole discretion, that such content is offensive, objectionable, may cause harm to us, or violates these Terms, any laws or public order.
6.4. We may use, reproduce, disclose, make publicly available and otherwise use any of your comments, suggestions, recommendations or other feedback provided in connection with the Services, our other tools around the world, in our sole discretion, at any time, without limitation or any obligations to you.
6.5. By creating User Content, providing us with any information in connection with obtaining the Services, you grant us a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up, worldwide license (right) to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User Content, as well as the right to transfer these rights to third parties in whole or in part.
7.DISCLAIMER
7.1. To the maximum extent permitted by law, except as expressly provided in these Terms, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE THEM AT YOUR OWN RISK. Dance Dynasty by Mari G MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF THE RIGHT OF USE, NON-INFRINGEMENT, INTEGRITY, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM ANY USE OF THE SERVICES. Dance Dynasty by Mari G DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Dance Dynasty by Mari G AND ITS SUPPLIERS, LICENSORS, DO NOT WARRANT OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, THE SERVICES OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES.
7.2. We make no warranties, express or implied, and hereby expressly disclaim any warranties and/or representations that:
- the Services will function as expected without errors or that any errors will be corrected;
- the Services will be secure or available at any particular time or location, or will continue to operate for any period of time;
- any information contained on the Site or otherwise obtained by you in connection with the use of the Services will be timely, accurate, reliable, trustworthy or correct;
- the use of the Services will meet your expectations or be suitable for a specific purpose and will give you specific results.
7.3. By using the Services, you acknowledge and agree that:
7.3.1. You are aware of all potential risks and side effects that may occur while taking dance classes. You understand that certain health conditions (for example, injuries of the musculoskeletal system, disorders of the nervous and/or cardiovascular system, chronic diseases, etc.) may negatively affect your condition and the results of classes.
7.3.2. You have consulted your doctor regarding your health condition and the possible risks that may arise from exercising with your health condition.
7.3.3. You will notify us in advance of any known chronic diseases and conditions that may be dangerous to your physical or mental health, as well as any medications you are currently taking or have taken in the past.
7.3.4. You understand and agree that we are not responsible for your health before, during, or after receiving the Services related to dance classes.
7.3.5. You understand that you may terminate or suspend the Services, classes at your own discretion at any time in the event of any discomfort and assume full responsibility for the consequences that may arise during the classes, including, but not limited to, weakness, headache, increase or decrease in blood pressure, injuries, fractures, muscle pain, etc. You understand that such consequences may be a side effect during the implementation of the practices and confirm your readiness for possible negative consequences in the process of receiving the Services.
7.3.6. You confirm your understanding that our trainers are not doctors and do not have medical training and therefore cannot independently diagnose any clinical conditions. You confirm your readiness to inform us of any problems that have arisen and, if necessary, contact the appropriate specialists.
7.3.7. You confirm that you have provided us with all the information necessary to understand your health condition. You confirm that you will perform the practices solely at your own will and initiative, without pressure from Dance Dynasty by Mari G (instructors or third parties).
7.3.8. You confirm that, by agreeing to receive the Services, you did not act under the influence of deception, you are convinced of the professionalism and honesty of Dance Dynasty by Mari G (instructors or third parties), as well as the safety of the proposed practices for your health and you personally.
7.3.9. You understand that the results of the classes may vary depending on the individual characteristics and health condition of each user, and do not expect any guaranteed results from the Services.
7.4. You hereby confirm that you waive any claims against us related to the deterioration of your physical or mental condition during or after classes. You acknowledge that you are familiar with the information about the possibility of such consequences and understand that in the event of any discomfort, you are fully responsible for stopping or refusing to continue classes. You also confirm your obligation to inform us immediately of any discomfort or negative changes in your physical or mental state that may occur during classes.
7.5. In no event shall we, our officers, directors, employees, trainers, agents be liable to you or any other individual for any direct, indirect, incidental, special, punitive or consequential damages, loss of profits (including expected profit), loss of data, impairment, and business interruption, including anything that may result from:
- inaccuracy, incompleteness or content of the Services;
- inaccuracy, incompleteness or content of any websites linked (via hyperlinks, banner ads or otherwise) to the Site;
- the Services found on the Site or any other websites linked (by hyperlink, banner ads or otherwise) to the Site;
- damage to physical and/or moral health;
- bodily injury or material damage of any nature;
- behavior of third parties of any nature;
- any unauthorized access or use of our Services and/or any content, personal data or other information and data stored on them;
- the use or impossibility of using the Services and/or non-compliance of the Services with the declared or expected characteristics;
- any loss or damage of any kind incurred as a result of your use of the Services whether based on warranty, contract, tort or any other legal or equitable assumption, and whether or not we have been notified about the possibility of such losses.
7.7. You have no right, and to the maximum extent permitted by law, you waive any right, to seek compensation from us for the damages listed above in this section. As far as some jurisdictions do not allow the exclusions or limitations set forth in these Terms, the above exclusions and limitations apply to the maximum extent permitted by law. Neither the provisions of this section nor any other provision of these Terms shall limit or be intended to limit liability arising out of fraud, willful misconduct or gross negligence.
8.UPDATE, AVAILABILITY AND UPDATE
8.1. We may from time to time and without prior notice make certain updates, improvements or modifications to the Site, including but not limited to updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure or other services, and we in no event shall we be liable for any such update.
8.2. We may limit or suspend your access to the Site and/or the use of the Services immediately and without any liability to us if:
- we, acting at our sole discretion, determine that you have violated these Terms, relevant laws or regulations;
- you or your actions create possible negative legal consequences for us;
- you have not paid the cost of the Service;
- your actions or inactions related to the use of the Site, the Services interfere with the normal operation of the Site, the Services or otherwise cause or may cause damage, loss or other adverse consequences to Dance Dynasty by Mari G or other Users.
9.FORCE MAJEURE
9.1 We shall not be liable for any delay or failure to comply with these Terms, including, but not limited to, for any inaccuracy, error, delay or omission of any information, or the transmission or delivery of information; for any loss or damage resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: floods, extreme weather conditions, earthquakes or other natural disasters, fire, declared or undeclared war, military operation or invasion, epidemics, pandemics, insurrections, riots, labor disputes, accidents, actions of government, court, regulatory or other authorities, including the issuance of cease and desist orders, communications failure, hacker attacks, malware attacks, software defects, malfunctions, power failure, malfunction or error of hardware or software or any other cause beyond our reasonable control.
10.THIRD-PARTY LINKS
10.1. Certain content, products and services available via our Site may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.INDEMNIFICATION
11.1. You are solely liable for the proper performance of these Terms and shall indemnify us against any loss or damage caused by your failure to perform or unsatisfactory performance of these Terms.
11.2. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Dance Dynasty by Mari G, its affiliates and their respective directors, officers, employees, agents, contractors, licensors, suppliers, successors, from and against any and all claims, demands, actions, damages, costs and expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms and your use of the Services. You must notify us immediately of any occurrence that may result in any loss, claim, damage, expense or liability recoverable under this section. Such notification does not release you from the obligation to indemnify. We reserve the right to exercise sole control over the protection of our rights.
12.VALIDITY PERIOD OF THE TERMS
12.1. From the moment you obtain any access to the Services, these Terms will apply to you in full for an unlimited period.
12.2. The validity period of the Subscription, which provides the opportunity to use our Services taking into account these Terms, remains valid during the period for which you made the payment.
12.3. Expiration of your Subscription means that your access to the Services will cease immediately.
13.COMPLAINTS PROCEDURE
13.1. To register a formal complaint, please email us at dancedynastymiami@gmail.com. The email must include your name, address, email address and phone number, a detailed description of your problem (claim), and the specific remedy you wish to obtain.
13.2. A detailed description of the problem will enable us to respond to your complaint as quickly as possible without asking you for additional information.
13.3. After you submit a complaint, you will receive a reply to your e-mail confirming that we have received the complaint within 48 hours of receiving it.
13.4. Our Customer Support Service will respond to your complaint as soon as possible and will make every effort to resolve your issue quickly and efficiently.
13.5. We will make a final decision on your complaint within 30 working days. However, in the case of the complexity of the problem and if the complaint cannot be properly resolved within 30 working days, we may extend the period for a further 20 working days. In this case, you will be notified that the term is being extended and the reasons for such extension.
13.6. If your complaint requires us to involve a third party, a final decision on your complaint will be made within 2 (two) months.
13.7. If your complaint concerns the processing of your personal data, we consider it in accordance with the procedure defined in the Privacy Policy and in accordance with the time frames established by law. We will respond to such a complaint within one month from the date of receipt.
13.8. If we are unable to reach an agreement to resolve your problem, you may seek arbitration in the State of Florida pursuant to Section 13 of these Terms.
14.APPLICABLE LAW. SETTLEMENT OF DISPUTES
14.1. These Terms and any relationship between you and us relating to the Services or any transaction contemplated by these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law or principles that would cause application of the laws of any other jurisdiction.
14.2. Except for any Dispute in which either party seeks an injunctive or other remedy for alleged illegal use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we hereby agree to settle and finally resolve any dispute arising in connection with these Terms or the Services in binding arbitration and in accordance with the provisions of this section. Binding arbitration is the submission of a dispute to a qualified person(s) who will review the dispute and make a final and binding decision to resolve the dispute by issuing an appropriate order.
14.3. In the event of a Dispute in any way related to these Terms, the Services and other documents referenced in these Terms, you must first contact us and attempt to resolve the dispute amicably by sending us an appropriate complaint (claim) to the email address: dancedynastymiami@gmail.com. For more detailed information on the procedure for resolving disputes in the claim procedure refer to the section Complaints Procedure.
14.4. If you and we are unable to reach an agreement to resolve the Dispute within fifty (50) days of receipt of your complaint, then either party may submit the Dispute to binding arbitration in accordance with the terms set forth below.
14.5. Any dispute arising out of or in connection with these Terms shall be resolved by arbitration in the State of Florida.
14.6. Any dispute arising out of or related to these Terms is personal between you and us and will be resolved exclusively in individual arbitration and will not be considered as a class arbitration, class action or any other type of representative proceeding under no circumstances. There will be no class or other representative actions, whether in or out of arbitration, where an individual seeks to resolve a dispute as a representative of another individual or group of individuals.
14.7. To the maximum extent permitted by law, you and we waive the right to a jury trial, class action arbitration, and the right to have any dispute resolved in court.
14.8 To the maximum extent permitted by law, you and we hereby agree that any claim arising out of or related to these Terms or the Services must be made no later than 1 (one) year after the cause of action arose; if a claim is not made within this period, such claim will be permanently blocked, which means that neither you nor we will be entitled to make such a claim.
15.NOTICES
15.1. You agree to receive electronically all notices, agreements and any other documents we provide in connection with these Terms, your use of the Services. You agree that we may provide you with communications by posting them on the Site. We may also (but shall not be obligated to) send relevant notices to the email address provided at the time of ordering, by communicating with you via instant chat and/or by other electronic means of communication such as text messages or mobile push notifications. All notices set forth in this paragraph shall be deemed to be in writing, valid and in full force and effect, and delivered to you on the day after they are posted or sent.
15.2. You can communicate with us electronically by sending a message to our email address: dancedynastymiami@gmail.com and through our support team's instant chat. We may ask you to provide additional information or documents that will allow us to identify you.
16.MISCELLANEOUS
16.1. No failure or delay on our part to exercise any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of that or any other right or remedy.
16.2. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
16.3. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms, and no such transfer shall require your further consent or approval.
16.4. The invalidity or unenforceability of any provision or part of a provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in effect.
16.5. Section headings are for convenience only and should not be used to limit or explain such sections.
16.6. These Terms and all related documents have been entered into in the English language. Any translation of this document is provided for informational purposes only and has no legal effect and does not create any contractual relationship between the parties.
17.OUR CONTACTS:
Dance Dynasty by Mari G LLC
Registration code: 93-3102192
Address: 12900 W Dixie Hwy, North Miami, Fl, 32161
E-mail: dancedynastymiami@gmail.com