General terms & conditions

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TERMS AND CONDITIONS (DRAFT)

FOCUS Dance Center has been in business for 18 years. Below are our terms and conditions.

Thank you for visiting. The Website is owned and operated byTheFIT@fdc. (“TheFIT,” “we,” or “us”). You are authorized to use the information and services available at this Website only if you agree to these Terms of Use, which constitute a legally binding agreement between you and TheFIT. Your use of the Website constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, without notice to you, and we will post the modified Terms of Use on this Website. Any modification is effective immediately upon posting. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification. If there are any portions of these Terms of Use with which you do not agree, you may not continue to visit or use the Website. You are responsible for regularly reviewing these Terms of Use.

 

  1. PROPRIETARY WEBSITE

 The Website is owned and operated byTheFIT@fdc. (“TheFIT,” “we,” or “us”). You are authorized to use the information and services available at this Website only if you agree to these Terms of Use, which constitute a legally binding agreement between you and TheFIT. Your use of the Website constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, without notice to you, and we will post the modified Terms of Use on this Website. Any modification is effective immediately upon posting. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification. If there are any portions of these Terms of Use with which you do not agree, you may not continue to visit or use the Website. You are responsible for regularly reviewing these Terms of Use.

 

No Content may be modified, distributed, copied, framed, reproduced, republished, scraped, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TheFIT’s express prior written permission.

You may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license or in any way exploit the Content, in whole or in part, without our advance written consent.

You agree not to display this Website in frames, or any of the Content via links, without our advance written consent. You agree not to use any manual or automated device or process to gather or extract data from this Website or to monitor or fetch pages available at the Website. Direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy this Website or any products displayed on this Website are all strictly prohibited.

  1. INTELLECTUAL PROPERTY

TheFIT@fdc are registered trademarks of TheFIT. TheFIT’s trademarks and trade dress (including without limitation, the logo and other packaging, graphics, logos, page headers, scripts, and model names of TheFIT products) are the exclusive property of TheFIT and may not be used without the express written permission of TheFIT. You agree not to use any of the trademarks that appear on this Website as metatags on other websites.

 

  1. LINKS

 This Website may contain links to websites owned and operated by others. We have no control over these third party websites, are not responsible for their content, and make no representations about any information, goods, or services available at such third party websites. Our inclusion of such links is for your information only and does not constitute sponsorship, affiliation, or endorsement of the linked website. Once you link to another website, you do so at your own risk and are subject to the terms of use, privacy policies, and data gathering practices of that website.

 

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below: 4746 Barranca Pkwy, Irvine, CA, 92604, United States

 

 

  1. NO UNLAWFUL OR PROHIBITED USE

 As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or by any law or regulation. You may not use the Website in any manner that could damage, disable, overburden, or impair any TheFIT server, or the network(s) connected to any TheFIT server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to any TheFIT server, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

 

  1. NO WARRANTIES AND LIMITATION OF LIABILITY

 YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE, ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY WEBSITES LISTED ON THE WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT OR ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN THE CONTENT OR SUCH MATERIAL, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEBSITE, OR (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO, OR LOSS OF, PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO, AND/OR USE OF, THIS WEBSITE.

 

TheFIT DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

 

IN NO EVENT WILL TheFIT OR ITS SHAREHOLDERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF, OR IN CONNECTION WITH, OR INABILITY TO USE, THE WEBSITE, THE CONTENT, THE MATERIALS, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR WEBSITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. E-MAIL

Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by TheFIT for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products using such information. Commercial enterprises seeking to do business with TheFIT should not submit unsolicited confidential or proprietary information to this Website. We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not use any false or misleading information concerning your identity or otherwise when using this Website or any of the services or resources available here. You may not transmit to this Website e-mail that includes false or misleading information in the return address or in the subject line. Notwithstanding the foregoing, the use of this Website is governed by, and any information you provide or that is collected by TheFIT is also governed by, the Privacy Policy which may be found at http://www.TheFITatfdc.com/support/privacy-policy.

 

By creating an account on the Website, [or by otherwise using the Website] you agree that we may send notices to you by email at the email address you provide when you create your account, or a different email address that you update in your account settings. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You also agree that we may use such email addresses

 to send you information regarding our business, promotions, contests, advertisements, etc., including blog posts and newsletters. However, you may opt out of receiving these emails by unsubscribing as provided on the Website.

 

  1. SMS SERVICE  Will we have SMS?

 Once you enlist your number in our database to receive messages, you have full rights to cancel the SMS service by replying to our SMS with "Stop". After this, we will no longer send messages on the desired directory. However, if you want to re-join then opt for "Sign Up" and start receiving the messages again.

If you want to re-figure the lost keywords or no longer remember which ones are supported, reply with "HELP" to our SMS message. After sending this message, the instructions will be messaged to you on how to use our service and how to unsubscribe from the service. Message frequency will be up to 3 messages per week. Message and data rates may apply. Reply/Text STOP to xxxxx to cancel. TheFIT@fdc will send shopping cart reminders, which will be sent within 48 hour and be limited to one SMS per unique abandoned cart.

 

For all questions related to our SMS Service, please get in touch with us on: 949.737.5151 6 or email us at [email protected].

 

  1. ELIGIBILITY TO USE

You represent that you are of legal age to form a binding contract with us and are not barred from using this Website by the laws of the United States or the country or state in which you reside. Use of this Website is void where prohibited.

Notwithstanding the foregoing, the Website is not designed to be used by anyone under the age of 18. If we learn that we have received information from an individual under the age of 18, we will use that information only to respond to that individual that he or she cannot use the Website and we will delete that information from our servers.

 

  1. PURCHASES

This Website accepts credit cards, debit cards and other payment methods as delineated on the Website at the time of your purchase. We reserve the right to reject any purchase at any time. You agree and confirm that the credit card or debit card details provided by you shall be correct and accurate and that you shall not use credit cards or debit cards that are not lawfully owned by you. Your credit card or debit card information will be collected and stored in accordance with our Privacy Policy.

 

  1. ADDITIONAL COSTS

 It is your responsibility to report and pay any taxes, including, without limitation, use taxes, and any additional charges such as telecommunications fees or data fees that may be due or incurred in connection with your use of the Website.

 

  1. INDEMNIFICATION

 You agree to indemnify, defend and hold harmless TheFIT and its managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, arising out of, or associated with your use of the Website, the Content, material you access, submit, transmit, or make available through this Website, or any violation of these Terms of Use by you.