The Website provides the means for anonymous browsers ("Visitors") to learn more about us. Visitors who are at least eighteen (18) years of age and who affirmatively indicate their agreement to abide by this Agreement, by means of a click-through consent, ("Registrants") may submit an online application to Discount Dance Supply ("Application"). By clicking "become a model" at Discount Dance Supply. You may register if you are under the age of 18 BUT ONLY IF your parent/legal guardian registers on your behalf. Registrants may NOT be under the age of 13. In the case of a Registrant under the age of 18, "Registrant" will be deemed to include a parent/legal guardian.
Please read this Agreement carefully before accessing the Website. Discount Dance reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website will be deemed conclusive evidence of your acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date shown after "Last Updated" at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to submit an application on this Website. A current version of the Agreement is accessible via the footer of the Website's homepage.
3. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT:
DISCOUNT DANCE SUPPLY IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, DAMAGED, ILLEGIBLE OR MISDIRECTED APPLICATIONS OR ANY TECHNICAL PROBLEMS, MALFUNCTIONS OF ANY TELEPHONE LINES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, HARDWARE/SOFTWARE, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS OR ANY COMBINATION THEREOF. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL USE OF THE WEBSITE BY REGISTRANTS AND VISITORS IS AT YOUR SOLE RISK. DISCOUNT DANCE SUPPLY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISCOUNT DANCE SUPPLY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, DISCOUNT DANCE SUPPLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4. Representations and Warranties.
You represent and warrant that (i) you will abide by the terms of this Agreement, (ii) the submission of an Application does not violate any restrictions to which such you may be bound, (iii) Content submitted by you will be accurate does not and will not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Content does not violate the terms of this Agreement or any applicable laws or regulations.
You agree to indemnify, defend and hold Discount Dance Supply harmless from any claim, expense or demand, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Discount Dance Supply be liable in any way for the accuracy, reliability, or quality of any Content, and that you will hold Discount Dance Supply harmless for (i) any errors or omissions in Content submitted by you, or (ii) any loss or damage of any kind incurred as a result of the use of Content submitted by you.
6. Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Website are solely between you and such third party. You agree that Discount Dance Supply shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
7. Commercial Use.
You acknowledge and agree that the Website is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
9. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Discount Dance Supply by this Agreement.
Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Discount Dance LLC, 5037 E. Hunter Ave. Anaheim, CA 92807, Attention: General Counsel and to a Registrant at the address listed in such Registrant’s Application. Notice shall be deemed given seven (7) days after the date of the mailing.
11. Governing Law; Venue.
You acknowledge and agree that this Agreement will be governed by and construed in accordance with the laws of the United States, including US copyright and trademark laws, and with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Discount Dance Supply, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
13. Contact Us.
If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org or write to us at Discount Dance LLC, 5037 E. Hunter Ave. Anaheim, CA 92807 to the attention of the General Counsel
Last Modified: January, 2015