ACCEPTANCE OF THESE TERMS

Your use of the Everyday Ballet website (the “Website”) is subject to the terms and conditions described below (the “Terms of Use”). The Website and all content on the Website are owned by Everyday Ballet, LLC,” “we,” or “us”). Please read these Terms of Use before you use this Website.

BY USING THIS SITE OR BY CLICKING THE “ACCEPT” BUTTON ON A REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS THE WEBSITE OR USE ANY OF ITS FEATURES OR SERVICES.

These Terms of Use may be updated from time to time. If you continue to use this Site after any changes to these Terms of Use, you accept and agree to any such modifications.

REGISTRATION REQUIREMENTS

In order to use some features of this Website, we may require your registration as a Member. If you wish to become a Member  and otherwise make use of the Website, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time. Use of the Website is void where prohibited.

In order to use certain features of this Website, you may be required to install or use equipment or software. You are responsible for ensuring that your equipment and software do not disturb or interfere with the operation of this Website or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access the Website. If any upgrade in or to this Website or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the Website, including the release of new products and services, shall be subject to these Terms of Use.

PRIVACY POLICY

We are committed to respecting your privacy and protecting your personal information. None of your information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you.

MEMBERSHIP ACCESS, PASSWORD AND SECURITY

You are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your username. You agree to notify us immediately of any unauthorized use of your username or password, or any other breach of security. However, you may be held liable for losses incurred by Everyday Ballet or any other user of or visitor to this Website due to someone else using your username, password or account.

No Sharing. You may not share, give or sell your password or username to any other person. Your excessive viewing or logins may be construed as fraudulent use of the Website, which may result in the immediate cancellation of your access without refund.

PERMITTED USE AND LIMITATIONS

Everyday Ballet hereby grants you a nonexclusive, non-transferable, limited, revocable right to use the Website, solely for your own personal use as limited herein. The Website and Website content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Everyday Ballet. Content on the Website is provided to you AS IS, WHERE IS.

COPYRIGHT AND PROPRIETARY RIGHTS

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Tiekka Tellier and Everyday Ballet, LLC or by third parties that have licensed or provided their material to us. You acknowledge and agree that all Content on the Website is made available solely for the limited, non-commercial, personal use of our users. Except as expressly provided herein, you may not record, copy, reproduce, republish, distribute, sell, download, post, transmit or use the Content in any way without our prior, express, written permission. You may not add to, delete or modify the Content in any way. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Content for any purpose other than its intended purpose is strictly prohibited. Everyday Ballet prohibits the use of the Everyday Ballet logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by Everyday Ballet. Registered and unregistered proprietary information is owned and held by Everyday Ballet, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned. Everyday Ballet’s trademarks and trade dress may not be used in connection with any product or service that is not Everyday Ballet’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Everyday Ballet.

USE RESTRICTIONS

This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Everyday Ballet’s name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.

UNLAWFUL CONDUCT

You agree that you are prohibited from posting or transmitting to the Everyday Ballet Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms of Use. Everyday Ballet reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address to this Website.

LICENSE TO YOUR CONTENT

By posting, displaying, publishing or transmitting any Content on or through the Website, you grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license to use, publicly display, publish, publicly perform, copy, modify, adapt, translate, create derivative works, store, reproduce, transmit, distribute and sublicense such Content on the Website, in print or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Website, your ability to do so may depend on the location and type of Content and other factors. You may contact us to request the removal of certain Content you have Posted, but we have no obligation to remove such Content, may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such Content or copies thereof. Furthermore, a back-up copy of Content posted by you may remain on our servers after the Content appears to have been removed from the Website, and we retain the our rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on the Website or otherwise have the right to grant the license to us set forth in this section, and (ii) your posting of Content on the Website does not violate the privacy or publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality or any other rights of any third party.

HEALTH DISCLAIMER

The Website may provide information related to exercise, fitness, diet and nutrition and is intended for your personal use and informational purposes only. You should consult with a physician before beginning any exercise, fitness, diet or nutrition routine, especially if you are pregnant or have pre-existing health conditions. Nothing contained in this Site should be considered as medical advice or diagnosis. You should always consult the appropriate health professionals on any matter that is related to your health and well being before proceeding with any action pertaining to health related issues. The contents of this website or any of its related sites, materials, products or information is to be used solely at your own discretion, risk and liability. This website assumes no liability for the use or misuse of information and products on this website. NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE.

YOUR REPRESENTATIONS

The Website is not directed to persons under eighteen years of age. By using the Website or registering as a member, you represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms of Use.

LINKED SITES

The Site may contain links to websites that we do not own or operate (“Third Party Websites”). We do not monitor or evaluate Third Party Websites, and we are not in any way responsible for the Third Party Websites. Website links to any Third Party Websites does not imply in any way that we endorse, support or approve of the Third Party Websites. If you access these third-party sites, you do so at your own risk.

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.

INTERNATIONAL USE

If you access this Website in countries outside the United States,  you agree to comply with all laws, regulations and rules regarding your use of the Internet and this Website, regardless of the country you are in when you access this Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

TERM AND TERMINATION

This Terms of Use shall remain in full force and effect as long as it is posted on any of our Website. You may terminate your account at any time, for any reason by contacting support@everydayballet.co. You agree that any violation of these Terms of Use, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity, or if we believe that you have breached any of the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others, shall be grounds for termination of your right to access, browse and use this Website. Everyday Ballet reserves the right to terminate your account or suspend your access to this Website and its content and use at any time, with or without notice, and without liability to you at Everyday Ballet’s discretion.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED BY EVERYDAY BALLET “AS IS” AND “AS AVAILABLE.” EVERYDAY BALLET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE ON THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, EVERYDAY BALLET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVERYDAY BALLET MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THE WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE. EVERYDAY BALLET DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM EVERYDAY BALLET WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. EVERYDAY BALLET MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER EVERYDAY BALLET NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF EVERYDAY BALLET IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold EVERYDAY BALLET (and its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your breach of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.

ASSIGNMENT

You may not assign, transfer or delegate any rights and licenses granted to you hereunder. Everyday Ballet may assign, transfer or delegate any of its rights and obligations hereunder without restriction or limitation.

WAIVER AND SEVERABILITY

Everyday Ballet’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of its right to enforce such provision in the future. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Everyday Ballet with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.

FORCE MAJEURE

Notwithstanding any other terms of this Agreement, Everyday Ballet shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable control, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.

GOVERNING LAW AND VENUE

This Agreement shall be construed under the laws of the State of New York, without regard to its conflict of laws principles, and all disputes arising hereunder shall be filed exclusively in New York County, New York, including the federal courts therein, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.