Terms of Use

Art in Motion Dance Company LLC

Terms of Use & User Web Agreement

Last Modified: July 27, 2020

www.artinmotiondesign.com (the “Website”) is operated by Art in Motion Dance Company LLC & Art In Motion Design (“Art In Motion ”, “we”, “us”, “our”, or the “Company”). Before purchasing a product or service from the Company on this Website, please read the following regarding our Terms of Use & User Web Agreement (these “Terms” or the “Agreement”) carefully to understand our policies and practices regarding your information, how we will treat it, and what we expect of you during your use of the Website.

You are required to read, understand, and agree to the Terms prior to using this Website. We refer to you, the person who will click to accept or agree to these Terms when this option is made available to you, as the “Client.”

ACCESSING AND USING THE WEBSITE

ACCEPTANCE OF THE TERMS

Please read these Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://artinmotionproductions.teachable.com/p/privacy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. For more information, please see our Privacy Policy, found at https://artinmotionproductions.teachable.com/p/privacy. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ACCESSING THE WEBSITE:

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

YOUR PERSONAL INFORMATION:

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy found at https://artinmotionproductions.teachable.com/p/privacy.

RELIANCE ON CONTENT POSTED:

The Content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS TO OTHER WEBSITES:

The Website may contain links to other sites and platforms provided by third parties. These links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS:

The owner of the Website is based in the state of California, United States of America. We provide this Website for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

PROHIBITED USES:

You may use the Website and our services only for lawful purposes and in accordance with these Terms. You agree not to use the Website and/or our services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY

THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS:

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features or promotions in connection with certain Content, you may take such actions as are enabled by such features or promotions.

You must not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

EMAIL CORRESPONDENCE:

Emails sent to [email protected] are considered our property. You can read more about this in our Privacy Policy found at https://artinmotionproductions.teachable.com/p/privacy. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

IMAGES, VIDEOS, AND AUDIO:

We may display images, video, and audio (the “Material”) on the Website from time to time. The types of Material users are authorized to access on the Site includes Material created or commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.

COPYRIGHT NOTICES - DMCA REQUESTS:

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.

If we publish or are hosting Content that you think infringes your copyright, please email us at [email protected] and we will address your concerns.

If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND AUDIO, we believe that our use is legitimate and we may not remove it from the Website. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.

To file a notice of infringement with us, you must provide a written communication by email to [email protected] with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.

To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:

For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
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 am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document and email it to [email protected]

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes your copyrights.

INFORMATION REGARDING THE SERVICES

RELATIONSHIP:

For any services purchased by Client through the Website (“Services”), Art in Motion Dance LLC and Client agree to the details of Art in Motion Dance LLC’ services as described on the Website as of the date of purchase.

PAYMENT:

Client and Art in Motion Dance Comapany LLC agree to the fee structure for the Services listed on the Website as of the date of purchase. The fee structure is subject to change at any time, in Art in Motion Dance Company sole discretion. In the event that the fee structure changes after the Effective Date, Art in Motion Dance Company shall not be required to refund or credit the Client in any way.

ASSUMPTION OF THE RISK:

Client understands and acknowledges that during Client’s and/or Client’s minor child(ren)’s participation in the Services, as well as use of any course materials provided by Art in Motion Dance Company, Client and/or Client’s minor child(ren) may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in physical activity, including dance, and related activities. These inherent risks include, but are not limited to, the dangers of SERIOUS PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE resulting from, but not limited to: (I) PHYSICAL EXERCISE AND EXERTION; (II) PHYSICAL CONTACT WITH MATERIALS AND ENVIRONMENT, INCLUDING FURNITURE IN THE AREA SURROUNDING THEM; (III) FALLING OR TRIPPING DUE TO ENVIRONMENTAL HAZARDS, UNEVEN SURFACES, OR DEBRIS; AND (IV) OTHER HEALTH HAZARDS ASSOCIATED WITH PHYSICAL ACTIVITY (COLLECTIVELY THE “INJURIES AND DAMAGES”). You further acknowledge and understand these Injuries and Damages cannot entirely be eliminated without preventing the effectiveness of the Services.

Client fully understands that Art in Motion Dance Company has not tried to contradict or minimize Client’s understanding of these risks. Client further acknowledges and understands that Client may be able to minimize such Injuries and Damages to themselves by only attempting physical movements and choreography that are within their level of experience and practice, but these Injuries and Damages cannot be entirely eliminated. Client understands that Injuries and Damages can occur by natural causes or activities of other persons in the area or environmental circumstances, either as a result of negligence or because of other reasons. Client understands the risks of such Injuries and Damages involved in Client and/or Client’s minor child(ren)’s participation of the Services and Client understands that Client may have to exercise extra care for any minor child(ren) of which the Client is the parent or legal guardian.

HEALTH OF PARTICIPANTS:

Client understands that Client’s and/or Client’s minor child(ren)’s participation in the Services indicates Client’s acknowledgment and agreement with, as well as warranty of, the following statements:

Client understands and agrees that it is Client’s responsibility to consult a licensed physician regarding Client’s and/or Client’s minor child(ren)’s health before Client and/or Client’s minor child(ren) participate in any Services, as they do involve physical movement and activity.
Client affirms that Client’s and/or Client’s minor child(ren) has/have no medical conditions that would restrict Client and/or Client’s minor child(ren)from participating in the Services.
Client agrees that if Client’s and/or Client’s minor child(ren) experience(s) any medical issues while participating in the Services that Client will contact their physician immediately.
Client understands and agrees that it is Client’s responsibility to immediately cease utilizing the Services if Client and/or Client’s minor child(ren) is/are in any pain whatsoever or if they are ill either before, after, or during the Services.

WAIVER OF LIABILITY:

To the fullest extent allowed by law, Client agrees to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS Art in Motion Dance Company LLC & Art In Motion Design and its respective past and present officers, directors, stockholders, managers, members, partners, agents, employees, and independent contractors (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, Client and/or Client’s minor child(ren)’s death or personal injury relating to any participation in the Services, even if caused by NEGLIGENCE of the Released Parties; such negligence could involve, but is not limited to, (a) negligent assessment of the viability of providing Services without in-person direction from Art in Motion Dance Company personnel. Client understands and intends that this assumption of risk and release is binding upon Client heirs, executors, administrators, and assigners. This waiver of liability is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this waiver is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver shall not be affected thereby and shall remain valid and fully enforceable.

UNKNOWN CLAIMS:

By providing your assent to this Agreement, Client acknowledges that they have read Section 1542 of the California Civil Code, which provides as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Client understands that Section 1542 allows that Client not to release existing claims of which Client is presently unaware, unless Client voluntarily chooses to waive this right. Having been so apprised, Client nevertheless hereby voluntarily elects to, and does, waive the rights described in Section 1542, and elects to assume all rights for claims that now exist in Client’s favor, known or unknown, for the subject of this Waiver.

OWNERSHIP:

Art in Motion Dance Company LLC & Art In Motion Design shall retain ownership of, and all right, title and interest in and to, its, pre-existing intellectual Property ("intellectual Property" shall mean illustrations, trademarks, works of authorship, trade secrets, techniques, know-how, ideas, concepts, designs, and other content or media utilized or created by Art in Motion Dance Company LLC), and no license therein, whether express or implied, is granted by this Agreement or as a result of the services performed hereunder, with the exception of the Art in Motion Dance Company’ permission for the Client to use such intellectual Property for the purposes of this Agreement. See THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS for more information.

Art in Motion Dance Company LLC grants to Client a royalty-free, paid up, worldwide, revocable, non-exclusive, non-transferable license to use the courses, media, content, curriculum, copy, models or any other materials (“Content”) delivered by Art In Motion Dance Company LLC, solely for Client’s personal use of that Content. Art in Motion Dance Company LLC shall retain ownership of and unrestricted right to use any Content. The Services performed and any deliverable items produced pursuant to this Agreement are not "works for hire." All rights not expressly granted above are reserved to Art in Motion Dance Company LLC, including but not limited to all rights in drafts, sketches, comps, plans, or other preliminary materials created by Art in Motion Dance Company LLC.

NAME, IMAGE & LIKENESS RIGHTS:

Client acknowledges that the Content of Art in Motion Dance Company LLC’ Services is considered valuable intellectual property. As such, Client expressly agrees not to film or take any photographs or recordings of the Content of the Services, at any time, without prior written approval from Art in Motion Dance Company LLC. Any usage of such photographs or recordings shall be subject to prior approval of Art in Motion Dance Company LLC, regardless of whether Art in Motion Productions provided permission to capture such photographs and/or recordings. Parents or legal guardians may film, photograph, or otherwise record their minor child(ren)’s participation in the Services without any such prior approval, so long as Art in Motion Dance Company LLC Content is not easily discernible or comprehensible in the recordings.

PROMOTIONAL LICENSE:

The Client may choose to speak positively about their experience with Art in Motion Dance Company LLC if they feel inclined. Whenever speaking publicly about Art in Motion Dance Company LLC, Client shall attribute the services to Art in Motion Dance Company LLC by electronically tagging or otherwise including Art in Motion’s Dance Companys contact information, as applicable.

NON-DISCLOSURE:

Client undertakes at all times, both during and subsequent to this Agreement, not to disclose, except solely to the extent that such disclosure is authorized in writing by Art in Motion Dance Company LLC, and not to use, except for the purposes specifically contemplated by this Agreement, all information which is of a confidential nature and of value to Art in Motion Dance Company LLC. This includes but is not limited to anything included in the Content. Upon termination of this Agreement, howsoever occurring, each Party will return to the other Party all documents in its possession or control which contain confidential information. Client will take reasonable precautions to safeguard property of the other entrusted to it. Client will only be responsible for loss or damage in the event of negligence or willful disregard.

THIRD PARTY PERFORMANCE:

Art in Motion Dance Company LLC’ Services may be combined, integrated, or used with third party products, services, software applications, or websites (“Third Party Service”). Client is responsible for obtaining all necessary licenses for Third Party Services. Client shall indemnify and hold Art in Motion Dance Company LLC harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any Third Party Services. In the event of any changes by Third Party Services that materially affect the delivery or performance of Art in Motion Dance Company LLC’ Services contemplated by this Agreement, Art in Motion Dance Company LLC shall provide notice to Client and make every effort to find an acceptable alternative to the services or find a replacement service at the same or similar cost. If such a situation should occur and a suitable alternative or replacement is not found, responsibility and liability is limited to the return of payments received for the specific portion of the Services affected.

SATISFACTION:

Art in Motion Dance Company LLC shall make best efforts to produce successful Services for Client, but Art in Motion Dance Company LLC makes no representations, guarantees, or warranties as to the performance of the Services delivered. The obligation of Client to make payment to Art in Motion Dance Company LLC according to the terms of this Agreement is not conditioned on Client’s satisfaction with the proceeds of any Services under this Agreement. Client understands and expressly agrees that delivery of the Services under this Agreement shall obligate Client to make payment.

NON-EXCLUSIVE:

This Agreement is non-exclusive. Art in Motion Dance Company LLC is free to provide services to other parties during the Term of this Agreement, provided that such provision of services to others does not materially interfere with the terms and obligations of this Agreement.

INDEPENDENT CONTRACTOR:

The relationship of Client and Art in Motion Dance Company LLC under this Agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created by this Agreement or Client and Art in Motion Dance Company LLC related conduct. Art in Motion Dance Company LLC has the sole right to control and direct the means, details, manner, and method by which the services will be completed as Art in Motion Dance Company LLC is providing services in Art in Motion Productions’ industry that Art in Motion dance company LLC traditionally provides. Accordingly, Art in Motion Dance Company LLC shall be responsible for payment of all taxes arising out of Art in Motion dance company LLC (productions) activities in accordance with this Agreement, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment insurance taxes, and any other taxes or business license fee as required.

EMPLOYMENT OF OTHERS:

Art in Motion Dance Company LLC may employ the services of other independent contractors or service providers without the permission of Client in order to complete the Services. Art in Motion Dance Company LLC shall be responsible for supervision and control of any employees or independent contractors who perform services, including without limitation event management support, pursuant to this Agreement. All such persons shall be employees and/or contractors of Art in Motion Dance Company LLC and not of Client. The responsibility for specification of the work to be performed and the specific services hereunder shall be exclusively that of Art in Motion Dance Company LLC.

REFUNDS:

Art in Motion Dance Company LLC does not offer refunds for the Services. It is within Art in Motion’ sole discretion to offer refunds based on each Client’s unique circumstances.

MISCELLANEOUS TERMS

COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:

We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

GENERAL DISCLAIMER OF COMMERCIAL WARRANTIES BY COMPANY:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK, INCLUDING RISK OF BODILY INJURY OR DEATH. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.

REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES:

Art in MotionDance Company LLC represents and warrants that Art in Motion Dance Company LLC has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations. Art in Motion Dance Company LLC further represents and warrants that to the best of Art in Motion Dance Company’ knowledge, the final Services provided by Art in Motion Dance Company LLC and Art in Motion Design’ subcontractors does not infringe the rights of any party, and use of same in connection with the Services will not violate the rights of any third parties; however, Art in Motion Dance Company expressly disclaims any warranty in regard to intellectual property infringement due to the fact that Art in Motion Dance Company does not conduct infringement or trademark searches. Client represents and warrants that Client has full right to enter into this Agreement and to perform its obligations hereunder and will comply with all applicable federal, state, and local laws, ordinances and regulations.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your user contributions, any use of the Website's Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

GOVERNING LAW:

If any claim of dispute arising out of, or relating to, this Terms is not settled promptly in the ordinary course of business, the Parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego, and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION:

If you have any issue or dispute with the Company, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

LIMITATION ON TIME TO FILE CLAIMS:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY:

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT:

These Terms, and our Privacy Policy and any applicable user web agreements and/or services agreements signed or agreed to by you, constitute the sole and entire agreement between you and us with respect to the Website and services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

CHANGES TO THE TERMS:

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT INFORMATION:

To ask questions or make a comment about these Terms, contact us at: [email protected] or PO Box 7090, Emerald Bay Road, South Lake Tahoe, California 96158.