Dirtylicious Dance Fitness Online - Terms and Conditions of Use
Dirty Fitness Class, LLC d/b/a/ Dirtylicious Dance Fitness (“Dirtylicious”) provides websites, content, products, goods, equipment, services, and other materials (“Dirtylicious Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before accessing, utilizing, or participating in any of the Dirtylicious Services.
- Contract Between You and Dirtylicious
These Terms and Conditions of Use (“Terms”) form a binding agreement between you and Dirtylicious, and govern your access and use of the Dirtylicious Services, including location or link on which these Terms are provided. By accessing or using any Dirtylicious Services, you agree to be bound and abide by these terms and you agree you are at least 18 years of age. Please read these terms carefully before using any Dirtylicious Services. If you do not agree to these terms, immediately cease use of any Dirtylicious Services.
Note: For Independent Dirtylicious Instructors, in the event of any direct conflict between these Terms and the Dirtylicious Independent Instructor Agreement, the Dirtylicious Independent Instructor Agreement will govern and control.
- Changes to Terms
Dirtylicious may update or change these Terms from time to time. Any changes to the Terms shall be effective for new users immediately upon being posted. For existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any Dirtylicious Services. By continuing to use any Dirtylicious Services after the 30-day period, you expressly accept any applicable changes.
- Dirtylicious’ Intellectual Property; Limited License to Dirtylicious Services
- Limited License
For any Dirtylicious Services which enable you to use any content or materials owned or licensed by Dirtylicious only after you become validly authorized by Dirtylicious, Dirtylicious grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Dirtylicious Services, and any related content or materials for your personal, non-commercial use only. Under no circumstance shall this limited license be deemed to have granted any rights, interest, or title in the Dirtylicious Services or content to you.
You acknowledge and agree that the Dirtylicious Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Dirtylicious. You agree that you will do nothing inconsistent with Dirtylicious’ ownership of the Dirtylicious Services, and that you gain no rights, title, or interest in or to any Dirtylicious Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and Dirtylicious. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Dirtylicious or any third party. Any and all goodwill arising from your use of any Dirtylicious Services shall inure solely to the benefit of Dirtylicious.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Dirtylicious Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Dirtylicious Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Dirtylicious Services; (iv) access or use any Dirtylicious Services in an unlawful or unauthorized manner or in a manner that suggests an association with Dirtylicious’ content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Dirtylicious Services or any part thereof, except as expressly authorized in these Terms or as part of the Dirtylicious Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Dirtylicious Services or connected network, or interfere with any person or entity’s use or enjoyment of any Dirtylicious Services; (vii) access, monitor, or copy any element of the Dirtylicious Services using a robot, spider, scraper or other automated means or manual process without Dirtylicious’ express written permission; or (viii) sell, resell, or make commercial use of the Dirtylicious Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Dirtylicious Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Dirtylicious Services, you represent and warrant that: (ix) your access to and use of the Dirtylicious Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Dirtylicious Services and Dirtylicious’ websites.
- Third Party Services and Content
- Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THE DIRTYLICIOUS SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. DIRTYLICIOUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE DIRTYLICIOUS SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. DIRTYLICIOUS MAKES NO GUARANTEE OR WARRANTY THAT THE DIRTYLICIOUS SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. DIRTYLICIOUS FURTHER MAKES NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY DIRTYLICIOUS SERVICES. YOU AGREE TO USE THE DIRTYLICIOUS SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD DIRTYLICIOUS OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE DIRTYLICIOUS SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE DIRTYLICIOUS SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
- User Accounts and Conduct
- User Conduct
THE DIRTYLICIOUS SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS AND/OR USE ANY DIRTYLICIOUS SERVICES WITH THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR GUARDIAN.
You must only use the Dirtylicious Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of any Dirtylicious Services. In using any Dirtylicious Services, and in particular, Dirtylicious’ websites, you expressly acknowledge you are prohibited from, and agree that you will not without Dirtylicious’ prior express written consent:
- copy, reproduce, or improperly use, post or access any content on the Dirtylicious Services;
- modify, distribute, or re-post any content on the Dirtylicious Services for any purpose;
- use the content on the Dirtylicious Services for any commercial exploitation whatsoever;
- disrupt or interfere with the security of, or otherwise abuse, the Dirtylicious Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Dirtylicious Services or affiliated or linked sites;
- access content, data or portions of the Dirtylicious Services which are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Dirtylicious Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any Dirtylicious Services or Dirtylicious’ websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of the Dirtylicious Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the Dirtylicious Services;
- harass, “stalk”, disrupt or interfere with any other user's enjoyment of the Dirtylicious Services or affiliated or linked sites;
- upload, post, or otherwise transmit through or on the Dirtylicious Services any viruses or other harmful, disruptive, or destructive files;
- use, frame, or utilize framing techniques to enclose any Dirtylicious trademark, logo, or other proprietary information (including the images found at Dirtylicious websites, the content of any text, or the layout/design of any page or form contained on a page) without Dirtylicious' express written consent;
- use meta tags or any other "hidden text" utilizing a Dirtylicious name, trademark, or product name without Dirtylicious' express written consent;
- deeplink to the Dirtylicious Services, including Dirtylicious’ websites without Dirtylicious' express written consent;
- create or use a false identity on the Dirtylicious Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the Dirtylicious Services;
- harvest or otherwise collect information about Dirtylicious users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Dirtylicious Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you.
- User Accounts
Certain Dirtylicious Services may require you to create an account to enjoy additional services and benefits. You agree to provide and maintain accurate, current and complete information for your account(s), including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that Dirtylicious may take steps to verify the accuracy of information you provide.
Dirtylicious has adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in Dirtylicious’ sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify Dirtylicious of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Dirtylicious Services. You agree not to use the account, username or password of any other account holder at any time. Dirtylicious will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
- Dirtylicious’ Products/Services and Orders
- Product and Service Descriptions, Price, and Other Information
Dirtylicious has taken reasonable precautions to ensure that all product descriptions, prices, and other information shown on Dirtylicious’ websites are correct and fairly described. However, when ordering products or services through the websites, please note that:
- Dirtylicious reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- Dirtylicious reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of the websites at any time in Dirtylicious’ sole and absolute discretion;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- packaging and contents may vary from that shown on the websites;
- any weights, dimensions, and capacities shown on the websites are approximate only;
- when you place an order, Dirtylicious estimates the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice Dirtylicious provides to you); and
- all items are subject to availability and Dirtylicious will inform you as soon as reasonably possible if any product or service you ordered is not available.
Please also note that Dirtylicious may be required to change the terms of any products, goods or services that Dirtylicious offers and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. Dirtylicious will provide you with prior notice of any changes, by posting a notice on the websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Dirtylicious will not incur any obligation as a result of such change. You are always free to cancel future orders or subscriptions at any time by contacting Dirtylicious. By continuing to accept products, goods and/or services after Dirtylicious has notified you of a change to any terms, you will be deemed to have accepted the change.
- Personal and Payment Information.
When you provide any information to Dirtylicious for any reason, such as to purchase any Dirtylicious Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to Dirtylicious, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment method. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify Dirtylicious if your payment card is cancelled (for example, for loss or theft).
- Automatic Renewal and Subscription-Based Products
Dirtylicious offers certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of the products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize Dirtylicious to charge your payment card for the products/services you continue to purchase. If you purchased a subscription with a free trial period, you authorize Dirtylicious to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from Dirtylicious that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed. Physical products will be delivered to the address you provided during your initial purchase. Certain subscription services are not physical products, and thus, are not shippable. Your automatic subscription will continue until you or Dirtylicious cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, Dirtylicious will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by contacting Dirtylicious. Any modifications or cancellation of your subscription must be received by us at least seven (7) business days prior to the next scheduled payment date in order to take effect for that period. If you cancel less than seven (7) business days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
If you are an active, paying subscriber to Dirtylicious online content, you will be granted access to related subscription content. Dirtylicious subscriptions are not transferable and may only be used by the individual who signed up for the account. If you cancel your subscription, you will no longer have access to any Dirtylicious content, unless otherwise stated.
- Dirtylicious’ Reservation of Rights
Dirtylicious reserves the right to suspend or terminate your interaction with any Dirtylicious Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that Dirtylicious provide. If you are accessing, using and/or purchasing any Dirtylicious Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
- Notice About Fitness Content
- The Dirtylicious Services Do Not Constitute Medical Advice or Other Professional Healthcare Advice
Each individual has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Dirtylicious, and obtain appropriate authorization before accessing or using any Dirtylicious Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. ALL DIRTYLICIOUS SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through the Dirtylicious Services should not be relied upon when making medical or other important healthcare decisions. DIRTYLICIOUS DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY DIRTYLICIOUS IN ANY DIRTYLICIOUS PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY DIRTYLICIOUS SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND DIRTYLICIOUS OR YOU AND ANY PERSON CERTIFIED THROUGH DIRTYLICIOUS.
Any individual results using Dirtylicious Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition.
- Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Dirtylicious Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Dirtylicious from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Dirtylicious Services.
- Indemnification; Limitation of Liability.
- Indemnification. You agree to indemnify and hold Dirtylicious, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of any Dirtylicious Services, your violation of these Terms, or your violation of any rights of a third party.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIRTYLICIOUS OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF DIRTYLICIOUS WAS ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO DIRTYLICIOUS OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY DIRTYLICIOUS SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF DIRTYLICIOUS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO DIRTYLICIOUS FOR ANY DIRTYLICIOUS SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DIRTYLICIOUS AND YOU. THE DIRTYLICIOUS SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. DIRTYLICIOUS WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.
- Governing Law/Venue. You agree that any and all claims that may arise in connection with the Dirtylicious Services or these Terms will be governed and construed in accordance with the laws of the State of Utah, USA, without regard to the conflict of laws principles thereof. The parties hereto agree that venue and jurisdiction with respect to any matter arising under this agreement shall be exclusively in the state or federal courts, as applicable, located in the State of Utah.
- Notices. All notices required or permitted to be given under these Terms must be in writing. Dirtylicious may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH DIRTYLICIOUS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY DIRTYLICIOUS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Dirtylicious by means of e-mail to [email protected]. Such notice to Dirtylicious shall be effective upon receipt of notice by Dirtylicious.
- Severability. If any provision of these Terms, or a part thereof, shall be deemed unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
- Termination. Notwithstanding anything to the contrary in these Terms, Dirtylicious reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Dirtylicious Services, including to block or prevent your access and use of any of the websites. You agree that Dirtylicious shall not be liable for any interruption or termination of your access and/or use of Dirtylicious’ websites.
- No Third Party Beneficiaries. Except as set forth in these Terms, only you and Dirtylicious may enforce these Terms; no third party shall be entitled to enforce these Terms.
- Survival. Any and all provisions in these Terms which would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration, including without limitation provisions relating to confidentiality, ownership of materials, representations and warranties, indemnification, limitations of liability, effects of termination, and governing law.
- Waiver. No express or implied waiver by either party of any event of default hereunder shall in any way be, or be construed as a waiver of any future or subsequent event of default.
- Assignment. Dirtylicious may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
Last Updated: June 1, 2020