Terms and Conditions of Website Use
Published 12/10/2017 03:53 PM What are the terms and conditions?
Our Website allows you to schedule lessons quickly and easily by setting up a password protected account. If you create an account, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, username, or password. Your use of the registration process on our Website is personal to you and is not transferable. You agree to: (a) provide true, accurate, current, and complete registration information about yourself on all forms you complete; and (b) maintain and update this information to keep it true, accurate, current, and complete; and (c) immediately notify Studio of any suspected unauthorized use of your account, username, or password.
When you schedule a lesson on our Website, Studio will not charge you for your lesson until we receive authorization for your payment method. Studio reserves the right, at any time after receipt of your order, to accept, decline, or cancel your order, or any portion thereof, even after your receipt of an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of lessons scheduled, refuse service to any customer, terminate accounts, remove or edit content, and/or prohibit sales to dealers. Some situations where we may cancel your lesson include inaccuracies or errors in times of availability or pricing information, limited quantities, or problems with the chosen payment mechanism. In certain circumstances, we may require additional information or need to verify information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.
All prices, features, content, and specifications listed on our Website for product or services are subject to change at any time without notice. Studio strives to provide the most accurate pricing and product information possible. In spite of such efforts, however, pricing and product information errors on our Website may occur. You agree that Studio shall not be responsible for any such pricing or product information errors. Studio cannot confirm the accuracy of the price of an item until after Studio has processed and completed your lesson. In the event that an item is listed at an incorrect price, Studio shall have the right to refuse or cancel any orders placed for that item. In no case will Studio charge you more than the listed price for an item without your consent. Please note that sometimes a price of an item online may not match the price in our retail stores, and Studio reserves the right to maintain different prices for items offered for sale through different channels.
Studio reserves the right to change accepted payment methods at any time without notice.
6. Risk of Loss
Should any physical items such as shoes, clothing etc purchased from our Website are made pursuant to a shipping contract, which means that the risk of loss and title for such purchases pass to you upon our delivery to the carrier designated for shipment.
Studio is committed to customer satisfaction and keeping our prices low every day, and our return policy reflects this commitment. We do not oversell lessons or ask students to commit to long term contracts. Any lesson purchased by one student can be easily transferred to any other students’ account without any charge or loss of value. Only under extreme circumstances do we give refunds for lessons that were pre-paid.
8. Website Access
Studio grants you a limited license to access and make personal use of our Website, but not to download (other than page caching) or modify it, or any portion of it, without the express written consent of Studio. This license does not include any resale or commercial use of our Website or their contents; any collection and use of any product listings, descriptions, photos, or prices; any derivative use of our Website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Studio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Studio, or use any meta tags or any other "hidden text" using Studio's name or trademarks, without the express written consent of Studio. Any unauthorized use terminates the permission or license granted by Studio. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website, so long as the link does not portray Studio, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Studio logo or other proprietary graphic or trademark as part of the link without the express written consent of Studio.
Studio reserves the right at any time and from time to time to add, change, discontinue, remove or suspend any other content displayed on our Website, including features and specifications of products and services described or depicted on our Website, temporarily or permanently, at any time, with or without notice. You agree that Studio shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Website.
9. Third-Party Links and References
Our Website may contain links or references to names, marks, products or services of third parties, or links to other website on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Studio's endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Website and you do so entirely at your own risk. Studio is not responsible for, and does not make any representations regarding any third party's products, services, practices, policies, or website content.
10. Information Ownership and Accuracy
Any information communicated to Studio through the use of our Website, including but not limited to notes on message boards, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content") become the property of Studio. Other than personal or financial information submitted by a user, Studio is entitled to use any User Generated Content without restriction or compensation to the person submitting the information.
Studio is not responsible for monitoring any message boards, chat rooms, customized gift messages, or on-line forums that appear on our Website, and Studio reserves the right to remove or edit, in whole or in part, any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially-derogatory, ethnically-derogatory or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Studio assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger.
Information on our Website includes products, services and content that is available in or applicable to the United States and is in compliance with U.S. laws only. If our Website are accessed from outside the United States, the user is responsible for compliance with all applicable local laws.
13. Product Descriptions
Studio attempts to be as accurate as possible in describing its lessons and services. In so doing, however, Studio does not warrant that the descriptions or other content of our Website are accurate, complete, reliable, current, or error-free. If a product or service offered by Studio is not as described, your sole remedy is to return it pursuant to the Return Policy.
15. Disclaimer of Warranties and Limitation of Liability
OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STUDIO DOES NOT WARRANT THAT OUR WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM STUDIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STUDIO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN OUR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM OUR WEBSITE.
STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE, MATERIALS ON OUR WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY STUDIO OR ON OUR WEBSITE. SINCE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL STUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE.
FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT(S) PRODUCT PACKAGING, AND PRODUCT-SPECIFIC PAGES ON OUR WEBSITE. EXCEPT AS STATED HEREIN, STUDIO MAKES NO IMPLIED WARRANTIES.
The contents and compilation of our Website are the property of Studio or other respective owners that have granted Studio the right and license to use such material and protected by United States and international copyright laws. All Rights Reserved. All software used on our Website is the property of Studio or its software suppliers and protected by United States and international copyright laws.
Studio respects the intellectual property rights of others and will investigate notices of alleged copyright infringement related to our Website. If you believe any material accessible on or from our Website infringe your copyright, you may request removal of that material (or access to it) from our Website by submitting written notification to our copyright agent designated below. We will respond to properly submitted notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). When a proper notice is received, Studio will respond by either removing access to the material or by taking down the allegedly infringing material. Under the DMCA, Studio is required to take reasonable steps to notify the user who posted the allegedly infringing content that Studio has taken down the material and that user is allowed under the law to send a counter-notification. If Studio receives a proper counter-notification, Studio will restore the relevant material and notify you of such events and provide you a copy of the counter-notification.
Your written notice (the "DMCA Notice") should include the following:
1. Identify the copyrighted work(s) you believe to have been infringed.
2. Identify the material(s) the copyright owner believes to be infringing in a manner reasonably sufficient to allow us to locate that material on the Website. If multiple copyrighted works are covered by a single notice, a representative list of such works should be provided.
3. Adequate information by which we can contact the copyright owner directly: name, street address, telephone number, and email address (if available).
4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner with regard to the alleged infringement."
5. Include the following statement: "I have a good faith belief that the use of the material in the notification is not authorized by the copyright owner, its agent, or the law."
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the alleged infringed copyright.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that your material was removed or disabled but is not infringing, or that you have proper authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the material, you may send a counter-notification to our DMCA Designated Copyright Agent.
Your written counter-notification should include the following:
1. Identify the content that has been removed or to which access has been disabled and the location of the content before it was removed or disabled.
2. Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
3. Provide your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that you will accept service of process from the person or an agent of such person or entity who provided the original notification of the alleged infringement.
If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your DMCA Counter-Notification may not be effective.
All notices should be sent to our DMCA Designated Copyright Agent at either of the following addresses:
The TTL Group, LLC d/b/a Take the Lead Dance Studio Sports
320 Lantana Dr.
Hockessin, DE 19707
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. The DMCA also provides substantial penalties for a false counter-notice. Those who make misrepresentations in their counter-notification statement may be liable for any damages (including costs and attorneys' fees) incurred by any copyright owner, copyright owner's authorized licensee or by Studio, if injured by relying upon such misrepresentation.
All trademarks, logos, service marks, and trade names are the property of Studio or other respective owners that have granted Studio the right and license to use such marks. Use of these marks without the written consent of Studio or the owner of the mark is expressly prohibited.
18. Applicable Law
Your use of our Website shall be governed in all respects by the laws of the State of Delaware without regard to choice of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in New Castle County, Delaware. Any cause of action you may have with respect to the Site must be commenced within one year after the cause of action arises.
19. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
As set forth in SECTION 18 above, Studio and you agree that all Claims must be litigated in the state or federal courts located in New Castle County, Delaware.
The terms of this provision will also apply to any Claim asserted by you against any parent or affiliated company of Studio to the extent that any such Claims arise out of your access to, and/or use of our Website, and/or the provision of content, services, and/or technology on or through our Website.
20. Limited Time to File Claims
You and Studio agree that any Claim arising out of your use of any Studio Website or application or claim regarding any Studio product will be asserted within one (1) year after the Claim arises, or such Claim will be barred.
21. Exclusions and Limitations; Consumer Protection Notice