TERMS OF SERVICE, DISCLAIMERS, TERMS OF PURCHASE

Last Updated: July 18, 2019

PLEASE READ THIS DOCUMENT CAREFULLY. The Ballroom Course, Inc. ("The Ballroom Course," "we," or "us") is an online dance education service located at www.theballroomcourse.com ("The Ballroom Course" or the "Site") with related mobile websites, desktop applications and websites (collectively, the “Services”). By registering as a member or by using the Services in any way, you accept these Terms of Service ("Agreement" or "Terms"), which forms a binding agreement between you and The Ballroom Course. You should also read and understand the The Ballroom Course Privacy Policy  which is incorporated by reference into this Agreement and is available at The Ballroom Course Privacy Policy . Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

 

Prior to using the Services, it is important for you to know and understand that by visiting the Site and/or using the Services, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your use of the Services.

 

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR SERVICES.

 

By using the Services, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Services and terminate your account.  Please contact us with any questions regarding this Agreement.

 

Content of These Terms of Service

1. Who May Use the Services

2. Professional Advice and Medical Disclaimer

3. Your Representations and Warranties as a Member

4. General Disclaimers

5. Limitation of Liability

6. Privacy

7. Membership Provisions

8. Payments

9. Term and Termination; Account Deletion

10. Content Restrictions

11. Code of Conduct and Prohibited Activities

12. Submissions

13. Indemnification

14. License to Use the Services

15. Third Party Links and Content

16. Intellectual Property

17. Affiliate Promoter Terms of Service

18. General Provisions

 

1. Who May Use the Services

AGE REQUIREMENT:  You must be at least 6 years old to use the Services. Parents or guardians of users under the age of 18 must read and consent to the Terms.  Parents or guardians of users under the age of 13 must read and consent to the Children’s Privacy Policy, located at The Ballroom Course Privacy Policy.

 

NOTICE TO PARENTS AND GUARDIANS:  You are responsible for monitoring and supervising your child's use of the Services.

 

2. Professional Advice and Medical Disclaimer.

YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS PROGRAM TO DETERMINE IF YOU SHOULD USE THE SERVICES. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE DANCING OR EXERCISING, YOU SHOULD STOP IMMEDIATELY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR VIEWED ON THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND The Ballroom Course MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE OR SERVICES WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

 

3. Your Representations and Warranties as a Member

In becoming a Member of The Ballroom Course with the intent of using the Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of The Ballroom Course. If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of The Ballroom Course.

 

4. General Disclaimers

The Ballroom Course provides the Services on an "as is" and "as available" basis. You therefore use the Services at your own risk.

The Ballroom Course expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The Ballroom Course makes no representations or warranties:

  • That the Services, or any particular dance or fitness program is suitable for you;

  • Regarding the adequacy or safety of the Services for any particular user;

  • That the Services will meet your personal needs;

  • That the Services will be permitted in your jurisdiction;

  • That the Services will be uninterrupted or error-free;

  • Concerning any content submitted by any member;

  • Concerning any third party's use of content that you submit;

  • That The Ballroom Course will continue to support any particular feature of the Services; or

  • Concerning sites and resources outside of the Services, even if linked to from the Services.

The Ballroom Course reserves the right to modify the Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. The Ballroom Course has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with this Agreement or is suitable for all users. The Ballroom Course shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.

To the extent that a secondary party may have access to or view The Ballroom Course content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.

To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.

 

5. Limitation of Liability

To the fullest extent permitted by law: (i) in no event shall The Ballroom Course, or its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) The Ballroom Course, and its affiliates' total liability to you shall not exceed the amounts paid by you to The Ballroom Course over the twelve (12) months preceding your claim(s).

 

IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE OR SERVICES.

 

6. Privacy

Your privacy rights are set forth in our  The Ballroom Course Privacy Policy, which forms a part of this Agreement. Please review the  The Ballroom Course Privacy Policy to learn about:

  • What information we may collect about you or your child;

  • What we use that information for; and

  • When and with whom we share that information.

CONSENT TO EMAIL AND TEXT MESSAGES: When you become a Member, you agree and consent to receive email and text messages from us. These emails and text messages may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. You may unsubscribe from emails and/or text messages at any time by clicking unsubscribe at the bottom of the email or texting STOP in response to the text message you received.

 

7. Membership Provisions

REGISTRATION:  To fully use the Services, you must register as a member by (i) providing a password, valid email address and valid credit card information.  You must provide complete and accurate registration information to The Ballroom Course and notify us if your information changes.

INTERACTION AND RESPONSE TIME: The Ballroom Course team members do their best to respond to most questions in private Facebook group threads and inquiries received via Facebook messenger, Instagram messenger, and email in a 48 window, but we cannot guarantee that every message will be responded to in this time period or at all.

 

NON-COMMERCIAL USE:  Use of the Site and Services is for personal, non-commercial uses only. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.

 

Organizations, companies, and/or businesses may not use the Site or Services for any commercial purpose unless expressly authorized by The Ballroom Course.

 

The Ballroom Course may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.

 

ACCOUNT SECURITY:  You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Services. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at  info@theballroomcourse.com .

 

8. Payments

One time payment; Auto billing; Subscription Fees; Free Trial Terms.  The Services include both one time payments and a paid, auto-renewing subscription service (“Subscription”). If you purchase a product with a one time payment, you agree to a one time transaction payment. If you purchase a Subscription, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.

 

If you sign up for a Subscription, your The Ballroom Course membership begins when you have completed the subscription sign-up process (i.e., when we collect your personal and payment information). You will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your subscription membership at any time in the first fourteen days (i.e., during the Free Trial period), you will not be charged.

 

If you cancel your membership at any time, your account will remain active through the end of your last month’s subscription fees (which were paid for at the time you signed up for the Service).

 

At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical Free Trial will not apply.  

 

These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.  In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).

 

The pricing of our Services may vary periodically. We cannot guarantee that the price of your One time payment or Subscription is the lowest available, or historically the lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

 

HOW TO CANCEL - REFUNDS

If you do not wish for your account to renew automatically you can cancel your subscription by emailing info@theballroomcourse.com  with the subject title “Cancel Subscription”. Include your email address in the body of the email.

 

Your cancellation will take effect at the start of the next billing cycle. So, for example, if you have a monthly Subscription that began on the first of the month but cancel mid-month, your cancellation will take effect as of the beginning of the following month.  There are no refunds on The Ballroom Course Subscriptions for billing periods that have already lapsed.

 

Service Add-Ons; Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation

We refer to any additional, paid Services we offer beyond a standard Membership as an “Add-On Service.” Each Add-On Service is a separate service and is subject to additional one-time or monthly fees. If the Add-On Service is a subscription service it will automatically renew just like your regular Membership. Before agreeing to an Add-On Service, you will be prompted with (i) the type of Service being offered; and (ii) the one-time or monthly cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional one-time or monthly automatic (recurring) fee, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service.  If the Add-On Service is a monthly Service, you are billed on the same day as Your regular Membership, in one combined payment. You can cancel the Add-On Service at any time by following the instructions above ("How to Cancel"). Note that Your Add-On Service subscription is separate from your regular Membership, although we will combine the charges each month when we bill You. You can cancel one or both at any time, but canceling your regular Membership will automatically cancel your Add-On Service.

 

If the Service is a one-time event or purchase you are billed immediately when you purchase the service, using the payment information you have on file of that your submitted with payment to The Ballroom Course.  There are no refunds if the Service you are billed for is a one-time event or purchase.

 

Authorization.  When you sign up for our Services and provide a payment method to The Ballroom Course you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Services. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.

 

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE The Ballroom Course APPLICATION OR WEBSITE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above.

 

Changes.  The Ballroom Course may change, modify, add, remove, suspend, cancel or discontinue any aspect of it Subscriptions including the functionality, content, and/or availability of any features of such Subscriptions at any time in The Ballroom Course’ sole discretion. The Ballroom Course may increase its fees for any Subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your Subscription, you will be deemed to have accepted the new fees.

 

9. Term and Termination; Account Deletion

TERM:  This Agreement begins on the date you first use the Services and continues as long as you have an account with us.

 

CANCELING YOUR SUBSCRIPTION:  Please refer to the “How to Cancel” section above to cancel your Subscription.

 

ACCOUNT DELETION:  You may delete your account at any time. We reserve the right, but are under no obligation, to delete an account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.

 

TERMINATION FOR BREACH:  The Ballroom Course may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if The Ballroom Course determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The Ballroom Course’ reputation or goodwill. If The Ballroom Course deletes your account for the foregoing reasons, you may not re-register for the Services. The Ballroom Course may block your email address and Internet protocol address to prevent further registration. The Ballroom Course is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.  After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

EFFECT OF TERMINATION/ACCOUNT DELETION:  Upon termination, all licenses granted by The Ballroom Course will terminate. Sections 4-5, 9, and 12-17 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. The Ballroom Course shall not be responsible for the loss of such content.

 

10. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

  • Contains sexually explicit content or pornography;

  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

  • Advocates harassment or intimidation of another person;

  • Exploits minors;

  • Depicts unlawful acts or extreme violence;

  • Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

  • Depicts animal cruelty or extreme violence towards animals; or

  • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.

 

11. Code of Conduct and Prohibited Activities

In using the Services, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:

  • Act in a deceptive manner by, among other things, impersonating any person;

  • Harass or stalk any other person;

  • Harm or exploit minors;

  • Distribute "spam";

  • Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

  • "Frame" or "mirror" any part of the Service or the Site;

  • Use meta tags or code or other devices containing any reference to The Ballroom Course, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of The Ballroom Course) to direct any person to any other website for any purpose;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;

  • Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

  • Collect information about others;

  • Advertise or solicit others to purchase any product or service within the Site;

  • Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;

  • Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or

  • Participate in any activity that in any way violates any law.

 

In addition to the above, when using the The Ballroom Course Interactive Classes Service, you agree to wear proper exercise clothing and to use appropriate language in communicating with the instructor. We have the right to suspend you from using the Services if you do not follow these guidelines.

 

The Ballroom Course has the right, but not the obligation, to monitor all conduct on and content submitted to the Services. The Ballroom Course reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.

 

The Ballroom Course reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Services and terminating or suspending the membership of such violators.

Your use of the Site and Services, including all Content you post through the Services, must comply with all applicable laws and regulations. You agree that The Ballroom Course may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

 

12. Submissions

As between you and The Ballroom Course, you own all content that you submit to the Services, whether directly via the Services or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to The Ballroom Course, you are granting The Ballroom Course and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.

 

You further grant all users of the Services permission to view your content for their personal, non-commercial purposes. If you make suggestions to The Ballroom Course on improving or adding new features to the Services, The Ballroom Course shall have the right to use your suggestions without any compensation to you.

 

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The Ballroom Course and grant the licenses set forth above; (ii) The Ballroom Course will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

13. Indemnification

You agree to indemnify, defend, and hold harmless The Ballroom Course and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the Services; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Ballroom Course violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. The Ballroom Course reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Ballroom Course in connection therewith.

 

14. License to Use the Services

LICENSE:  The Ballroom Course grants you a limited, non-exclusive license to access and use the Services for your own personal, non-commercial purposes. This includes the right to view content available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

Organizations, companies, and/or businesses may not use the Site or Services for any commercial purpose unless expressly authorized by The Ballroom Course.

 

RESTRICTIONS:  Except as expressly permitted by The Ballroom Course in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the The Ballroom Course Service. All rights not expressly granted by The Ballroom Course are reserved.

 

MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:

These Terms, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).

 

Your use of the Services through any applications or device constitutes your agreement to be bound by these Terms. Any The Ballroom Course application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, The Ballroom Course, Inc. (Application Provider) reserve all rights not expressly granted to You.

Accordingly, if you download the The Ballroom Course Application, you will be:

  • installing a software program on your product in the form of an application;

  • entering into this contract with The Ballroom Course, Inc. governing your use of the application.

 

15. Third Party Links and Content

Certain links on the Site and Services may let you leave the particular Site or Services you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that The Ballroom Course does not control these sites, nor has The Ballroom Course reviewed or approved the content which appears on the linked sites. The Ballroom Course is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that The Ballroom Course shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.

 

Dealings with Third Parties.

More specifically, your participation, correspondence or business dealings with any third party found on or through the Sites and Services (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Ballroom Course shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

 

16. Intellectual Property

You acknowledge that the Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All The Ballroom Course-generated Content and Content developed for The Ballroom Course by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, The Ballroom Course owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.

 

The The Ballroom Course name, logos and affiliated applications and technologies are the exclusive property of The Ballroom Course, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

 

The Ballroom Course owns and retains all proprietary rights in the Site and Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

17. Affiliate Promoter Terms of Service

As an authorized Promoter promoter (Promoter) of The Ballroom Course (Company), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting The Ballroom Course as a Promoter.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to The Ballroom Course by your own website or personal referrals.

By signing up for the The Ballroom Course Promoter Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

APPROVAL OR REJECTION OF THE APPLICATION

We reserve the right to approve or reject ANY Promoter Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Promoter Program Application.

COMMISSIONS

Commissions will be paid on the 1st and 15th of each month. For a Promoter to receive a commission, the referred account must make a successful transaction. Commissions are limited to one-time purchases of products and exclude subscription purchases.

We pay out commission using Paypal, so you will need to setup a free Paypal account to receive your commission earnings. Earnings are sent from the Paypal account owned by hello@theballroomcourse.com.

TRACKING REFERRALS

Referral commissions will only be tracked and paid when there is a unique promoter URL or link generated for a specific program or product. The cookie period, or tracking period, for referrals is 45 days from the time that they first click on your unique link. This means that a referral who clicks on your link must make a purchase within 45 days of clicking on your link to count as a referral and for you to be paid a referral commission. The cookie period will expire after 45 days and that referral will no longer be tracked unless they click on another promoter link that is owned by you after that time. Also, a referral is owned by the first referral link that they click on, and no other referral URL links will be tracked until the cookie period expires.

You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out and will be adjusted on commission payouts (if applicable).

TERMINATION

Your Promoter application and status in the Program may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

  • Spamming (mass email, mass newsgroup posting, etc.).

  • Advertising on sites containing or promoting illegal activities.

  • Failure to disclose the Promoter relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

  • Violation of intellectual property rights. The Ballroom Course reserves the right to require license agreements from those who employ trademarks of The Ballroom Course in order to protect our intellectual property rights.

  • Offering rebates, coupons, or other form of promised kick-backs from your Promoter commission as an incentive. Adding bonuses or bundling other products with The Ballroom Course, however, is acceptable.

  • Self referrals, fraudulent transactions, suspected Promoter fraud.

In addition to the foregoing, The Ballroom Course reserves the right to terminate any Promoter account at any time, for any violations of this Agreement or no reason.

PROMOTER LINKS

You may use graphic and text links both on your website and within in your email messages. You may also advertise the The Ballroom Course site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in this agreement.

COUPON AND DEAL SITES

The Ballroom Course occasionally offers coupon to select Promoters and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any Promoter who is considering the promotion of our products in relation to a deal or coupon:

  • Promoters may not use misleading text on Promoter links, buttons or images to imply that anything besides currently authorized deals to the specific Promoter.

  • Promoters may not bid on The Ballroom Course Coupons, The Ballroom Course Discounts or other phrases implying coupons are available.

  • Promoters may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Promoter cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

  • User must be able to see coupon/deal/savings information and details before an Promoter cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

  • Promoter sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Promoters with such text on the merchant landing page will be removed from the program immediately.

PAY PER CLICK (PPC) POLICY

PPC bidding is NOT allowed without prior written permission.

LIABILITY

The Ballroom Course will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Promoter tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by The Ballroom Course. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

TERM OF THE AGREEMENT

The term of this Agreement begins upon your acceptance in the Program and will end when your Promoter account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Promoter account. Your continuing participation in the Program will constitute your acceptance of any change.

INDEMNIFICATION

Promoter shall indemnify and hold harmless The Ballroom Course and its Promoter and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by The Ballroom Course to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Promoter.

GOVERNING LAW, JURISDICTION, AND ATTORNEY FEES

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Nevada. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Clarkh County, Nevada.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

ELECTRONIC SIGNATURES EFFECTIVE

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the The Ballroom Course Promoter program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or The Ballroom Course application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

17. General Provisions

ARBITRATION AND GOVERNING LAW:

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against The Ballroom Course in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against The Ballroom Course or its affiliates any class action, class arbitration, or other representative action or proceeding.

 

By using the Site or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and The Ballroom Course or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Ballroom Course (except for small-claims court actions) may be commenced only in the federal or state courts located in Clark County, Nevada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.

 

This Agreement, and any dispute between you and The Ballroom Course, shall be governed by the laws of the state of Nevada without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:  Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by The Ballroom Course in exercising any right hereunder will waive any further exercise of that right. The Ballroom Course' rights and remedies hereunder are cumulative and not exclusive.

 

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:  This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Ballroom Course' prior written consent. No third party shall have any rights hereunder.

 

NOTICES:  You consent to receive all communications including notices, agreements, disclosures, or other information from The Ballroom Course electronically.  The Ballroom Course may provide all such communications by email or by posting them on the Services. For support-related inquiries, you may send an email to info@theballroomcourse.com or the following address:

The Ballroom Course
PO BOX 396
Higley, Arizona 85295

Nothing herein shall limit The Ballroom Course’ right to object to subpoenas, claims, or other demands.

 

MODIFICATION:  This Agreement may not be modified except by a revised Terms of Service posted by The Ballroom Course on the Site or a written amendment signed by an authorized representative of The Ballroom Course. A revised Terms of Service will be effective as of the date it is posted on the Site.

 

ENTIRE AGREEMENT:   This Agreement constitutes the entire understanding between The Ballroom Course and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.