Dance: The Cutting Edge

TERMS AND CONDITIONS

EFFECTIVE DATE: 1/1/2022

These terms of use (“Site Terms”) apply exclusively to your access to, and use of, the web site of Dance: The Cutting Edge (“DTCE” or “Company” or “our” or “we” or “us”), with its home page located www.dancethecuttingedge.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with DTCE, or its subsidiaries or affiliates, for products, services or otherwise. 

If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Site Terms, in which case the terms “you” and “your” in these Terms will refer to that entity. You further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify DTCE for violations of these Site Terms. DTCE grants you a limited license to access and make personal use of the site and not to modify it, or any portion of it.

PLEASE READ THE SITE TERMS CAREFULLY. BY VISITING, ACCESSING, USING, OR TRANSACTING ON DTCE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH DTCE.

DTCE reserves the right to change and/or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these Site Terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that govern your use of the Site. If you do not agree to the amended terms, you must stop using the Site. If you have any question regarding the use of the Site, please refer first to FAQs. All other questions or comments about the Site should be directed to [email protected].

For information about our privacy practices, please see our Privacy Policy is incorporated into and considered an integral part of these Site Terms and can be viewed at www.dancethecuttingedge.com/privacy policy. By accessing or using our Site in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Site Terms.

I. GENERAL TERMS

  1. You are required to register for an account in order to transact on the Site. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.
  2. You must be 18 years or older to use this site or, if younger than 18, you must have permission from a legal guardian and any utilization of our services by users under 18 years of age must include parental or guardian supervision, interaction, and physical oversight. 
  3. You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.
  4. You must not abuse, harass, threaten, impersonate or intimidate anyone on the Site.
  5. You are solely responsible for your conduct and any data, text, information, screen names, and/or profiles that you submit, post and display on the Site.
  6. You must not modify, adapt or hack the Site or create/modify another website so as to falsely imply that it is associated with or an agent of the Site or DTCE.
  7. Your right to register for an account and use our Site is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your DTCE account, or any access to or use of our Site, to any third party.
  8. You must not create, submit, or subject DTCE members (“Members”) to unwanted conversations or email.
  9. You must not transmit any worms or viruses or any code of a destructive nature that could affect the Site, DTCE, or its users.
  10. Violation of any of these agreements will result in the termination of your DTCE account. While DTCE prohibits such conduct and content on its site, you understand and agree that DTCE is a venue and as such is not responsible for the Content posted on its web site by third parties, and you nonetheless may be exposed to such materials and that you use the DTCE service at your own risk. 
  11. Some of our Services may be accessible on mobile devices. You agree not to use our Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
  12. The Services include the means by which to view videos (the “Content”). All Content is made available to you by DTCE. When you subscribe to DTCE, you are required to complete the transaction.
II. GENERAL CONDITIONS
 
  1. All Content is owned by DTCE or by others who have licensed their content to us, and is protected by U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Site is also protected as a compilation and/or collective work under U.S. and international copyright laws. 
  2. DTCE owns and retains, solely and exclusively, all rights, title, and interest in and to the Site, the look and feel, design and organization of the Site and its content, and the compilation of all content on the Site, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein. 
  3. These Site Terms do not grant you any ownership over any content, or any intellectual property rights in any content, although you remain the owner of any intellectual property rights that you may have in content which you post to the Site.
  4. Any commercial exploitation of the Content without express prior written permission from us, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
  5. These Site Terms do not grant you the right to use any of DTCE’s trademarks, service marks, logos, product names, domain names, or other distinctive features in any way. DTCE reserves all rights not specifically granted to you in the Site Terms.
  6. You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.
  7. DTCE may, but has no obligation to, remove accounts containing content which DTCE determines, in its sole discretion, may be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights, the Site Terms, the Privacy Policy, or other policy documents and community guidelines which may be posted on the Site.
  8. You can remove your profile at any time by deleting your account. 
  9. DTCE reserves the right to adapt, modify, redesign, suspend, or terminate the Site for any reason and without notice at any time.

III. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

IV. COPYRIGHT NOTICE AND POLICY

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

Claims within a copyright Notification shall include:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

If any such Notification fails to include at least all of the above required information, that Notification shall be deemed insufficient to provide actual or constructive notice to DTCE of any such claim.

A sufficient copyright Notification should be submitted to the following contact Information:

  • Name of Agent Designated to Receive Notification of Claimed Infringement: Kimberly Beck Thomson Infringement: 
  • Full Address of Designated Agent to Which Notification Should be Sent: Dance: The Cutting Edge, Inc., Attn: Kimberly Thomson c/o John M. Thomson, P.A., 100 Almeria Avenue, Suite 310, Coral Gables, FL 33134
  • E-Mail Address of Designated Agent: [email protected] 

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

V. MEMBERSHIP ELIGIBILITY

DTCE services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. DTCE’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended DTCE members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of, a parents or legal guardian. If you do not qualify, please do not use DTCE. 

To use the DTCE service you must have Internet access and a DTCE ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. 

VI. SUBSCRIPTIONS AND CANCELLATION

DTCE services are available to users with the purchase of a subscription in either monthly or annual increments (the “Subscription”), which Subscription shall auto-renew unless cancelled by you. 

The Subscription may be cancelled by giving DTCE written notice of your desire to terminate no later than three (3) business days prior to the end of your then current Subscription term. The Subscription will be deemed terminated at the end of the applicable term. If notice is not given within the allotted time period, the Subscription may not be cancelled and shall auto-renew for the subsequent subscription period. 

Membership fees are fully earned upon payment. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

It is important to note that there shall be no refunds of any fees paid for your Subscription for any reason.

VII. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. (For further information, please read our Privacy Policy.) Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

The user assigned to each DTCE account (“Account User”) is responsible for any activity that occurs through the DTCE account. To maintain control over the account and prevent anyone from accessing the account, the Account User should maintain control over the DTCE ready devices that are used to access the service and not reveal the password or details of any Payment Method associated to the account to anyone. We can terminate your account or place your account on hold in order to protect you, DTCE or our partners from identity theft or other fraudulent activity. DTCE is not obligated to credit or discount a membership for holds placed on the account by either a representative of DTCE or by the automated processes of DTCE. If your DTCE ready device is sold, lost or stolen, please contact the assigned user of the master account, or if you are said user, your DTCE contact person. If you fail to log out or deactivate your device, subsequent users may access the DTCE service through your account and may be able to access certain of your account information.

VIII. RELEASE

In the event that you have a dispute with one or more users, you hereby release DTCE (and DTCE’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

IX. THIRD PARTY SITES

Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. DTCE is not a party to those agreements; they are solely between you and the third party. If at any time the third-party sites are not available for whatever reason, you may not seek financial redress from DTCE nor shall you be entitled to a refund of any subscription fees paid.

X. RESTRICTED ACTIVITIES

Your use of the Services and the Site shall not:

  • be false, inaccurate, fraudulent, or misleading;
  • infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including, but not limited to consumer protection, unfair competition, anti-discrimination or false advertising);
  • crawl, scrape, or spider the Site;
  • be defamatory, obscene, libelous, unlawfully threatening or unlawfully harassing;
  • contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other third party vendors; and/or
  • provide the means by which you compete with DTCE, and you agree that you will not sell DTCE items Content as if it were your own.

XI. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Site for violations of these Site Terms;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Site Terms, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

XII. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. Nothing in these Site Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

XIII. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

XIV. LIABILITY

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DTCE, OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER.

DTCE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DTCE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO DTCE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

XV. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, including all reasonable attorneys fees and costs related to the enforcement of this provision, made by any third party due to or arising out of: (1) any fees paid to us by You; (2) use of the Site; (3) breach of these Site Terms; (4) any breach of your representations and warranties set forth in these Site Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

XVI. LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.

XVII. INTERNATIONAL USE

  1. DTCE and its services are based in the United States, and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.
  2. If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. 
  3. You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.

XVIII. NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to DTCE, Attn: Kimberly Thomson c/o John M. Thomson, P.A., 100 Almeria Avenue, Suite 310, Coral Gables, FL 33134 (in the case of DTCE), or to the email address you provide to DTCE during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DTCE may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DTCE during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

XIX. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

XX. DISPUTES AND GOVERNING LAW

In the event that a dispute arises between you and DTCE, please contact DTCE at [email protected].

These Site Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Site Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. This written notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DTCE and you do not reach an agreement to resolve the claim within 14 days after the Notice is received, you or DTCE may commence an arbitration proceeding.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. This arbitration provision shall survive termination of this Agreement and the termination of your DTCE membership.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration agreement.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Coral Gables, Florida. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

If otherwise required under the governing law of the jurisdiction, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in, or as close as possible in location to, Coral Gables, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Site Terms. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

YOU AND DTCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DTCE agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

XXI. MISCELLANEOUS

These Site Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Site Terms shall not operate as a waiver of such right or provision.

These Site Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control.

If any provision or part of a provision of these Site Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Site Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Site Terms or use of the Site. You agree that these Site Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Site Terms and the lack of signing by the parties hereto to execute these Site Terms.

XXII. TERM AND TERMINATION

These Site Terms shall remain in full force and effect while you use the Site. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XXIII. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

XXIV. DISCLOSURES

The services hereunder are offered by DTCE.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of Safety Surf’s internet site, services, or policies. DTCE is not affiliated with Safety Surf.