Terms of Use | The Movement

Last updated: October 13, 2021

Welcome to The Movement!

The following terms of use (“Agreement”) apply to your use of The Movement Dance Foundation Inc.’s website www.themvmt.org (“Website”), including using the “Register for Free” feature in connection with attending a free dance class (collectively the “Service”). This Agreement applies in addition to all other agreements that may be provided to you. Please read this Agreement carefully because it contains important information, including our limitation of liability to you and your agreement to dispute resolution and waiver of the right to participate in a class action. Your use of the Website and/or the Service constitutes your consent to the terms of the Agreement. If you do not agree to the terms of the Agreement, you are not permitted to use this Website and/or the Service.

Use of Website and the Service

This Website is owned and operated by The Movement Dance Foundation Inc. (“The Movement”, “we”, or “us”). By visiting the Website and/or using the Service, you consent to the Agreement and the terms and conditions in our Privacy Policy.

We may amend, change, or alter this Agreement (including the Privacy Policy that is incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective upon posting. Your failure to cease use of the Website and/or the Service will constitute your acceptance of the amended, changed, or altered terms. Therefore, it is important that you regularly review the Agreement during your use of the Website and/or Service to be aware of any amendments, changes, or alterations. If you do not agree to the amendments, changes, or alterations or to any of the terms in this Agreement, your only remedy is to cease use of the Website and/or the Service.

Limitations of Use and Compliance with Laws

You agree to use the Website and the Service only as permitted by the Agreement and applicable laws or regulations. The Website is intended for natural persons at least the age of eighteen years old. Any use or access of the Website by natural persons under such age is unauthorized. By using the Website, you represent and warrant that you are at least the age of eighteen years old. The Service is intended for natural persons at least the age of eighteen years old or at least thirteen years old with the express consent of their legal guardian or parent.

Changes to the Service

We are always trying to improve your experience on the Website and with the Service. We may need to add or change features, services, products, or functionality to you and may do so without notice to you.

Offers and Promotional Materials

We may offer discounts or promotional offers to you. Unless otherwise required by law or specifically authorized in writing by us, any such discounts or promotional offers are non-transferable. You may not reproduce such discounts or promotional offers unless specifically authorized in writing by us.

Accessing Information on the Website and Registration

You may be required to register for an account on the Website to access certain information. Upon registration or when using the Service, you may be required to provide information about yourself including, but not limited to, your name and email address. When you set up an account with us or use the Service, you must provide us accurate, correct, and up to date information. We will treat such information according to our Privacy Policy. You are solely responsible for maintaining the confidentiality of your password and you must notify us immediately of any breach of security or unauthorized use of your account.

Privacy

Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By accessing the Website and/or using our Service, you may be sharing personal information with us. By using the Website and/or the Service, you consent to the terms of the Privacy Policy and the Agreement.

DISCLAIMERS AND LIMITATION OF WARRANTY AND LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MOVEMENT ENTITIES TO YOU. “THE MOVEMENT ENTITIES” MEANS THE MOVEMENT, ITS PARENT, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR WEBSITE AND THE INFORMATION ON THE WEBSITE, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE MOVEMENT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS (INCLUDING BUT NOT LIMITED TO TECHNICAL ERRORS OR TYPOGRAPHICAL MISTAKES), UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE OR ANY WARRANTY THAT THE WEBSITE OR THE INFORMATION ON THE WEBSITE ARE ADEQUATE OR FREE OF VIRUSES OR OTHER SUCH HARMFUL COMPONENTS. THE MOVEMENT ENTITIES ARE NOT RESPONSIBLE FOR UPDATING OR AMENDING THE WEBSITE OR THE INFORMATION ON THE WEBSITE OR TO PROVIDE SUPPORT FOR YOUR USE OF THE WEBSITE OR THE INFORMATION ON THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE MOVEMENT ENTITIES SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
THE MOVEMENT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE OR THE WEBSITE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE WEBSITE. THE MOVEMENT ENTITIES MAKE NO WARRANTY THAT (a) THE SERVICE OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE OR THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (d) CONCERN THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THE WEBSITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOVEMENT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE MOVEMENT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE MOVEMENT ENTITIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORSEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICE IS TO STOP USING THE WEBSITE AND/OR THE SERVICE.
WITHOUT LIMITING THE FOREGOING, THE MOVEMENT ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, THE WEBSITE, OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID, IF ANY, TO THE MOVEMENT IN CONNECTION WITH THE SERVICE OR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnification

You agree to release, indemnify, hold harmless, and defend The Movement Entities from and against all losses (including but not limited to third-party claims), expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to your use of the Service, Website, or information on the Website, your failure (or any other person’s failure using your account) to meet any obligation concerning your account or your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and shall not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter but shall provide us with reasonable cooperation.

Copyrights/Trademarks

All content and materials made available by The Movement, including, but not limited to, the Website, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, website name, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding third party web services or third-party content linked to or posted within the Service) are the property of The Movement and/or its licensors. The Movement name, mark, and logo are trademarks and service marks of The Movement. We retain all right, title, and interest in and to such property, name, mark, and logo. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, in appropriately use or otherwise exploit same without our express written permission.

Entire Agreement/Severability

This Agreement supersedes all prior terms, agreements, discussions, and writings regarding the Service and the Website and constitutes the entire agreement between you and us regarding the Service and the Website, except as provided for in this Agreement and any waiver(s) agreed to at the time of registration for any class. If any part, term, or provision of this Agreement is found to be unenforceable, illegal, or otherwise invalid, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

Termination of Use

We may limit, suspend, or terminate your use or access to the Service or the Website at any time for any reason, without any notice. With such limitation, suspension, or termination, we may remove or delete any information that you have provided to us, including your account or login credentials.

Electronic Communications

You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Interpretation

In construing or interpreting the terms of this Agreement no presumption is to operate in either party’s favor because of its counsel’s role in drafting this Agreement.

Notices

All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via hello@themvmt.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

Relationship

This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

Waiver

No wavier of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

Headings and Sections References

Headings and sections in this Agreement are for reference purposes only and shall not have any substantive effect, including, but not limited to, effecting the meaning or interpretation of the Agreement.

Governing Law and Dispute Resolution

This Agreement shall be construed and governed in accordance with the laws of the State of Florida, without respect to its conflict of laws principles. Any action, claim, grievance, dispute, or controversy arising out of or in relation to this Agreement or the Website shall first be submitted for mediation and if not settled within 60 days of serving a written demand for mediation, it shall be resolved by binding arbitration administered by the American Arbitration Association according to its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Miami, Florida. Notwithstanding the above, an action may be brought in a court of competent jurisdiction in Florida to enforce an arbitration award and you hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this section is found to be illegal or unenforceable by a court of competent jurisdiction, then the parties agree that any dispute will be resolved exclusively in a state or federal court located in Florida, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.

Contact Information

If you have questions regarding this Agreement or the Website, please contact us at hello@themvmt.org.