Terms and Conditions

Terms and Conditions

COOL MOMS DANCE TOO TERMS OF USE AND CONDITIONS OF USE

AGREEMENT

This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the Cool Moms Dance Too.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Cool Moms Dance Too, LLC. dba Cool Moms Dance Too (hereinafter referred to as “Cool Moms Dance Too”). This Agreement applies to all of the products, services and websites offered by Website and Cool Moms Dance Too, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Cool Moms Dance Too whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any
Apps on a social networking site does not indicate any relationship or affiliation between Cool Moms Dance Too and such social networking site.

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

If you do not agree to be bound by this Agreement, please do not use or access this Website. Cool Moms Dance Too reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Cool Moms Dance Too’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

PARENTAL OR GUARDIAN PERMISSION

You must be 18 years or older to use this Website and by providing information about yourself to Cool Moms Dance Too you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to the Cool Moms Dance Too Website, you are required to have your parent or legal guardian contact us prior to use.

COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, Cool Moms Dance Too may deliver communications to you by any means set forth in any other Cool Moms Dance Too

policy or notice published on the Website.

LICENSE AND SITE ACCESS

Cool Moms Dance Too grants you a limited license to access and make personal use of

the Website and you may not download (other than page caching) or modify it, or any

portion of it, without the express written consent of Cool Moms Dance Too. This license

does not include any resale or commercial use of the Website or its contents; any

collection and use of any product listings, descriptions, or prices; any derivative use of

the Website or its contents; or any use of data mining, robots, or similar data gathering

and extraction tools. The Website or any portion thereof may not be reproduced,

duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose

without express written consent of Cool Moms Dance Too. You may not frame or utilize

any framing techniques to enclose any trademark, logo, or other proprietary information

(including images, text, page layout, or form) of Cool Moms Dance Too without our

express written consent. You may not use any metatags or any other hidden text

utilizing Cool Moms Dance Too’s name or trademarks without the express written

consent of Cool Moms Dance Too. Any unauthorized use terminates the permission or

license granted by Cool Moms Dance Too. You are granted a limited, revocable, and

non-exclusive right to create a hyperlink to the home page of the Website so long as the

link does not portray Cool Moms Dance Too, its affiliates, or their products or services in

a false, misleading, derogatory, or otherwise offensive manner. You may not use any

Cool Moms Dance Too logo or other proprietary graphic or trademark as part of the link

without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you subscribe to and use the Website, you are responsible for maintaining the

confidentiality of your account and password and for restricting access to your

computer, and you agree to accept responsibility for all activities that occur under your

account or password. Cool Moms Dance Too and its affiliates reserve the right to refuse

service, terminate accounts, remove or edit content, or cancel orders in their sole

discretion. Memberships are non-transferable. You agree to (a) maintain all equipment

necessary for your access to and use of the Website; (b) maintain the security of your

user identification, password, Personal Information (as defined in our Website Privacy

Policy), and any other confidential information relating to your Cool Moms Dance Too

account; (c) take responsibility for all charges resulting from use of your Cool Moms

Dance Too account, including unauthorized use prior to your notifying Cool Moms

Dance Too of such unauthorized use and taking the legal steps to prevent its further

occurrence by contacting us to change your password; and (d) update your Personal

Information (as defined in our Website Privacy Policy), including email address, as

appropriate. If you are given a promotional code you may only use it once. After the

promotion terminates, you will be required to subscribe to the Website. Cool Moms

Dance Too reserves the right to terminate any account that is using or trying to use

more than 1 promotion. If subscription is terminated due to a violation of this

Agreement, Cool Moms Dance Too will not reimburse Subscriber for the remainder of

paid month. Nor will reimbursements be made for subscription cancellations prior to

monthly renewal date.

Subscriptions are billed monthly. All subscriptions are renewed automatically until

canceled. Subscribers may cancel their subscription at any time. Subscriptions must be

canceled 3 days prior to the renewal date in order to end subscription charges. At times,

special pre-paid subscription packages may be available for purchase. Special pre-paid

subscriptions will be recurring and may renew automatically on the expiry date.

Subscription must be canceled prior to the renewal date in order to end subscription

charges.

CONTACTING COOL MOMS DANCE TOO

You may contact us online, or by mail to Cool Moms Dance Too,

(provide your first and last name, user name, and email address).

DISCLAIMERS AND LIMITATION OF LIABILITY

Users of the Website (individually and collectively, “User”) expressly agree that use of

the Website is at User’s sole risk. Neither Cool Moms Dance Too, nor its employees or

Providers, warrant that the Website will be uninterrupted or error-free; nor do they

warrant or make any representation regarding the use of the information provided on

the Website or the results that may be obtained from the use of the information provided

on the Website, or as to the accuracy, reliability, or currency of any information, content,

service, or merchandise provided through the Website. Cool Moms Dance Too does not

endorse, recommend, or sponsor and is not affiliated with any individuals or entities

listed or linked to on the Website unless that fact is expressly stated. The listing of any

individual or entity does not constitute a medical referral of any kind. Users are advised

to exercise their own further informed review, judgment, and evaluation in the selection

of any and all medical professionals and health information.

The website is provided by Cool Moms Dance Too on an “as is” and “as available”

basis. Cool Moms Dance Too makes no representations or warranties of any kind,

express or implied, as to the operation of the website or the information, content,

materials, products or individuals included or listed on the website. To the fullest extent

permissible by applicable law, Cool Moms Dance Too disclaims all warranties, express

or implied, including but not limited to, implied warranties of merchantability and fitness

for a particular purpose. Under no circumstances shall Cool Moms Dance Too or

providers be liable to you or any third-party for any indirect, consequential, incidental,

special or punitive damages, including, but not limited to, lost profits and business

interruption, whether in contract or in tort, including negligence, arising in any way from

any product or service sold or provided on the website or the use of the information or

the results of the use of the information provided on the website, even if Cool Moms

Dance Too is expressly advised of the possibility of such damages. In no event shall

Cool Moms Dance Too’s liability exceed the price you paid for a product or service that

is the subject of the claim. No oral advice or written information given by Cool Moms

Dance Too, providers or the like, shall create a warranty; nor shall user rely on any such

information or advice. Under no circumstances shall Cool Moms Dance Too or any

other party involved in creating, producing, or distributing the Website be liable for any

direct, indirect, incidental, special, or consequential damages that result from the use of

or inability to use the Website, including but not limited to the results from mistakes,

omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in

operation or transmission, or any failure of performance, whether or not resulting from

acts of God, communications failure, theft, destruction, or unauthorized access to the

Website’s records, programs, or services. User acknowledges that this paragraph shall

apply to all content, merchandise, and services available through the Website. In those

States that do not allow the exclusion or limitation of liability for consequential or

incidental damages, liability is limited to the fullest extent permitted by law.

THIRD-PARTY CONTENT

The Website contains information, data, software, photographs, graphs, videos,

typefaces, graphics, audio and other material (collectively “Content”). Regarding the

Content supplied by Users or parties other than Cool Moms Dance Too, Cool Moms

Dance Too is a distributor and not a publisher. Cool Moms Dance Too has no more

editorial control over such third-party or User Content than does a public library or

newsstand. Any opinions, advice, statements, services, offers, or other information that

constitutes part of Content expressed or made available by third parties and not by Cool

Moms Dance Too are those of the respective authors or distributors and not of Cool

Moms Dance Too. Neither Cool Moms Dance Too nor any third party, including any

Provider, or any User of the Website, guarantees the accuracy, completeness, or

usefulness of any Content, nor its merchantability or fitness for any particular purpose.

In many instances, the Content available through the Website represents the opinions

and judgments of the respective Provider or User not under contract with Cool Moms

Dance Too. Cool Moms Dance Too neither endorses nor is responsible for the accuracy

or reliability of any opinion, advice, or statement made on the Website by anyone other

than authorized Cool Moms Dance Too employees. Under no circumstances shall Cool

Moms Dance Too be liable for any loss, damage or harm caused by a User’s reliance

on information obtained through the Website. It is the responsibility of a User to

evaluate the information, opinion, advice or other Content available through the

Website.

ONLINE CONDUCT

User agrees to use the Website only for lawful purposes. User is prohibited from posting

on or transmitting through the Website any unlawful, harmful, threatening, abusive,

harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially,

ethnically, or otherwise objectionable material of any kind, including but not limited to

any material that encourages conduct that would constitute a criminal offense, give rise

to civil liability, or otherwise violate any applicable local, state, national, or international

law or regulation. If Cool Moms Dance Too is notified of allegedly infringing, defamatory,

damaging, illegal, or offensive content provided by User, Cool Moms Dance Too may

investigate the allegation and determine in its sole discretion whether to remove or

request the removal of such content from the Website. Cool Moms Dance Too may

disclose any content or electronic communication of any kind: (i) to satisfy any law,

regulation, or government request; (ii) if such disclosure is necessary or appropriate to

operate the Website; or (iii) to protect the rights or property of Cool Moms Dance Too,

its Users or Providers. Cool Moms Dance Too reserves the right to prohibit conduct,

communication, or content that it deems in its sole discretion to be harmful to individual

Users, the Website, or any rights of Cool Moms Dance Too or any third party, or to

violate any applicable law. Notwithstanding the foregoing, neither Cool Moms Dance

Too nor its Providers can ensure prompt removal of questionable content after online

posting. Accordingly, neither Cool Moms Dance Too, nor Providers shall assume liability

for any action or inaction with respect to conduct, communication, or content on the

Website.

LINKS TO OTHER SITES

The Website may reference or link to third-party sites throughout the World Wide Web.

Cool Moms Dance Too has no control over these third-party sites or the content within

them. Cool Moms Dance Too cannot and does not guarantee, represent or warrant that

the content contained in these third-party sites is accurate, legal, or inoffensive. Cool

Moms Dance Too does not endorse the content of any third-party site, nor do we

warrant that they will not contain viruses or otherwise impact your computer. Cool Moms

Dance Too does not assume any responsibility or liability for the actions, product,

services, and content of all these and any other third parties. If you choose to link to or

use a third-party website, you should carefully review such third party’s privacy

statement and other terms and conditions of use. By using the Website to search for or

link to another third-party site, you agree and understand that you may not make any

claim against Cool Moms Dance Too for any damages or losses, whatsoever, resulting

from your use of the Website to obtain search results or to link to another site.

COPYRIGHTS

Copyright © Cool Moms Dance LLC, 2016. All materials and contents contained in the

Website (including but not limited to the text, graphics, logos, button icons, images,

audio clips, digital downloads, data compilations and software), and the Website itself,

are copyrighted materials belonging exclusively to Cool Moms Dance Too or its content

suppliers and are protected by United States and international copyright law. Cool

Moms Dance Too enforces its copyright interests to the fullest extent permitted under

the law, and shall seek civil and criminal remedies where appropriate, including the

remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights

are reserved.

TRADEMARKS

COOL MOMS DANCE TOO, Cool Moms Dance Too, logo and the related logos and

other marks indicated on our Website are the exclusive property and trademarks of Cool

Moms Dance Too, LLC. Cool Moms Dance Too reserves all rights, including all rights

applicable under the U.S. and international trademark laws, including, without limitation

Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks

not owned by Cool Moms Dance Too that appear on this Website are the property of

their respective owners, who may or may not be affiliated with, connected to, or

sponsored by Cool Moms Dance Too.

INDEMNITY

You agree to defend, indemnify, and hold Cool Moms Dance Too and Providers

harmless from and against any claims, actions or demands, liabilities and settlements

including without limitation, reasonable legal and accounting fees, resulting from, or

alleged to result from, your violation of these Terms and Conditions.

APPLICABLE LAW

The Website is created and controlled by Cool Moms Dance Too in the State of Oregon.

As such, the laws of the State of Oregon will govern these disclaimers, terms and

conditions, without giving effect to any principles of conflicts of laws. Cool Moms Dance

Too reserves the right to make changes to its Website and these disclaimers, terms and

conditions at any time. User hereby irrevocably and unconditionally consents to submit

to the jurisdiction of the State of Oregon for any litigation arising out of or relating to use

of or purchase made through the Website (and agrees not to commence any litigation

relating thereto except in such courts), waives any objection to the laying of venue of

any such litigation in the Oregon courts and agrees not to plead or claim in any Oregon

court that such litigation brought therein has been brought in an inconvenient forum.

PRESERVATION / DISCLOSURE

You acknowledge, consent and agree that Cool Moms Dance Too 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 to: (a) comply with legal process nationally or internationally; (b) enforce this

Agreement; (c) respond to claims that any Content violates the rights of third parties; (d)

respond to your requests for customer service; or (e) protect the rights, property or

personal safety of Cool Moms Dance Too Online Workouts, its Members and the public.

Under no other circumstances will Cool Moms Dance Too intentionally disclose your

account information to any third party.

MISCELLANEOUS TERMS

In any action against us arising from the use of this Website, the prevailing party shall

be entitled to recover all legal expenses incurred in connection with the action, including

but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s

fees. Cool Moms Dance Too reserves the right to make changes to the Website, these

policies, and these Terms and Conditions of Use at any time, effective immediately

upon the posting on this Website. Please check these Terms and Conditions of Use

periodically. In addition, these Terms and Conditions of Use may be modified only by

our posting of changes to these Terms and Conditions of Use on this Website, or by

signed, written agreement of both parties. Each time you access this Website, you will

be deemed to have accepted any such changes. If any of these terms and conditions

shall be deemed invalid, void, or for any reason unenforceable, that term or condition

shall be deemed severable and shall not affect the validity and enforceability of any

remaining terms and conditions. These Terms and Conditions of Use are the entire

Agreement between you and us relating to the subject matter herein. We may assign

our rights and obligations under these Terms and Conditions of Use. These Terms and

Conditions of Use will inure to the benefit of our successors, assigns, and licensees.

The failure of either party to insist upon or enforce the strict performance of the other

party with respect to any provision of these Terms and Conditions of Use, or to exercise

any right under the Terms and Conditions of Use, will not be construed as a waiver or

relinquishment to any extent of such party’s right to assert or rely upon any such

provision or right in that or any other instance; rather, the same will be and remain in full

force and effect.

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