Terms & Conditions

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms”) govern your access or use of the HeatDanceCompany.com website (the “Website”), the Heat Dance software application, and any other applications, websites, content, products, and services (collectively, the “Service”) made available by Heat Dance, LLC, or its representatives, affiliates, officers, or directors (collectively, “HEAT,” “we,” “us,” or “our”). For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with HEAT including, without limitation, its subsidiaries. By using or accessing the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service or use HEAT’s products or services, and, if applicable, cancel your registered user account or subscription with us.

For more details about Heat Dance’s privacy practices, please refer to our Privacy Policy available at the following webpage: http://heatdancecompany.com/privacy

 

1.    Terms & Conditions – In General

By using the Service, you agree to be legally bound and to abide by these Terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Service (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be affected without prior notice. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Service. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Service.

From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

 

2.    USER

a. Eligibility

By accessing or using the Service, you confirm that you are of legal age in your country and not under 18 years old, or you have consent from your parent or guardian, you have full power, , capacity, and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Service.

b. User Account Creation

To use certain features of the Service, you will need to create a user account (each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Facebook credentials.

HEAT may, at its sole discretion: limit the number of User Accounts that you may create or maintain; stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or refuse to create a User Account for you.

If you elect to become a registered user of our Service, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

c. Security

By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). HEAT is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your access credentials.

You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the HEAT team in writing at support@heatdancecompany.com of any unauthorized use of your User Account or any other breaches of security.

d. Suspension and termination

Notwithstanding any of these Terms, HEAT reserves the right, without notice and in its sole discretion, for any reason or no reason, to suspend or terminate your ability to use the Service and to block or prevent future access to and use of the Service. You agree that HEAT shall not be liable for any termination of your use of or access to the Service.

You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Service.

3.    SUBSCRIPTION SERVICE

a. Subscription

You can choose to subscribe to the Service either on a monthly, quarterly or annual basis, or for such other periods that HEAT may offer from time to time, and the applicable fees are set forth on the HEAT webpage (heatdancecompany.com) or on the applicable app store from which the HEAT DANCE App can be downloaded.

Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

HEAT reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Service), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription activated following the effective date of the fee revision or update.

b. Free trials

We may provide a free trial subscription for a fixed period, as determined by HEAT in its sole discretion. Unless otherwise stated by HEAT in respect of specific promotions, free trials are only available to new HEAT users, and HEAT reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.

After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under “Automatic renewal of subscription”.

c. Payment details

You can pay the fees for your subscription on the HEAT DANCE website or HEAT DANCE App either through a credit card, PayPal payment or Stripe payment, or through your account with the applicable app store in the case of the HEAT App (i.e. through in-app purchases).

The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Service).

When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. HEAT reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.

d. Automatic renewal of subscription

Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Service for the remainder of the duration that you have paid for.

e. Cancellation and refund of subscription fees

Where you have subscribed for the Service through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.

Where you have subscribed for the Service through our website, you may cancel your subscription at any time; we do not provide any refunds for prior charges, purchases, or subscription fees.

4.    USE OF THE SERVICE

By using the Service, you confirm that you will not use the Service for any of the following:

(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which HEAT or the User are bound in any jurisdiction applicable to the access and use of the Service (“Applicable Laws”).

(b) Unauthorized Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Service; (ii) introduces to the Service any malware, virus, trojan horse, worms, logic bombs or any other program that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorized access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Service; (iv) undermines the security or integrity of the computing systems or networks on which the Service is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Service or the computer programs used to deliver the Service; (vi) uses the User Account information of another person to access or use the Service; or (vii) transfers access or rights to your User Account to a third party.

(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Service about other Users including addresses, phone numbers, email addresses and credit card details.

(d) Fraud – any act that: (i) attempts to defraud HEAT or any other person; or (ii) provides false, inaccurate or misleading information to HEAT.

 

5. Contributed Content & Submissions

As used in this Section, “Submission”  or “Contributed Content” means any Content you send, email, post, display, distribute, or otherwise transmit to us or the Service, such as messages, email, data, information (including biographical information), text, music, sounds, photographs, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to, written testimonials, feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service. Submissions expressly include those transmitted through your own social channels (including by tagging @heatdancela or using hashtags), comments on HEAT’s blog, and your posts or images shared in the Heat Dance Facebook Group.

(a) You are solely responsible for all content or materials that you submit or otherwise upload to or through the Service or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to HEAT) (“Contributed Content”) and expressly agree not to submit or upload any Contributed Content which:

(i) advertises or promotes any services or brands (with respect to you or any third party);

(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;

(iii) you know not to be true and honest, or which spreads false or misleading statements;

(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;

(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;

(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;

(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;

(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;

(ix) may expose HEAT or other Users to any harm or liability of any kind; or

(x) is contrary to any Applicable Laws.

(b) HEAT has the right, but not the obligation, to monitor all conduct and content submitted to or through the Service, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Service

(c) You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Service after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.

(d) If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the HEAT team at Support@HeatDanceCompany.com

 

Submissions

If, at our request or on your own, you send, email, post, display, distribute, or otherwise transmit Submissions to us or the Service, you agree to the following:

  1. You grant us and our affiliates, licensees, successors and assigns a royalty-free, perpetual, transferable (in whole or in part), irrevocable, fully paid-up, worldwide, sublicensable, non-exclusive right (including a waiver of any moral rights you may have) and license (as well as consent) to use, license, copy, reproduce, modify, excerpt, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to disclose or incorporate the Submissions in other works in any form, media, or technology now known or later developed, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes, without compensation or credit, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions.
  2. HEAT is free to use any ideas, concepts or know-how contained within such Submissions for any and all purposes, including, but not limited to, developing, modifying, and marketing its products and services. HEAT’s use of such Submissions shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby authorize HEAT to execute any document or take any action HEAT may consider appropriate in order to confirm the rights granted by you to HEAT in these Terms. To the extent permitted by applicable laws, you also give up any claim that any use by HEAT of your Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
  3. You grant us and our subsidiaries, affiliates, licensees, successors, and assigns the right (but not the obligation) to use your name, voice, likeness (including, but not limited to, photographs) and other personally identifiable information, to the extent that such information is contained the Submission, in connection with such Submissions, subject to our Privacy Policy.
  4. You permit any user of the Service to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on the Service retains any and all ownership rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
  5. You grant us the right to pursue before any appropriate forum any person or entity that violates HEAT’s or your rights under any applicable law in the Submissions.

 

You also represent and warrant that:

  1. You own and control the Submissions that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Submissions and to grant the license set forth herein;
  2. Such Submissions are true, accurate, complete, and not misleading and do not infringe or otherwise violate or breach any applicable laws or regulations;
  3. The usage, publication, and posting of such Submissions do not violate these Terms and will not and could not violate any privacy, publicity, intellectual property, contract and/or any other rights of any person or entity or otherwise cause injury to any third person or entity; and
  4. To the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
  5. Your Submissions are deemed non-confidential, and we are under no obligation to treat your Submissions as proprietary information. Without limiting the foregoing, we reserve the right to use the Submissions as we deem appropriate in our sole discretion, including without limitation, deleting, rejecting, refusing to post, altering, adapting, or editing the Submissions and any further material created under these Terms. We are not obliged to make any use of the Submissions or exercise any of the rights granted by these Terms. We are under no obligation to offer you any payment or compensation for Submissions, respond to any Submissions, or attribute authorship of Submissions to you.
  6. If, under any applicable law, it is determined that you retain moral rights in the Submissions which you have posted to the Service, you hereby agree that (1) you will not require that any personally identifying information be used in connection with the Submissions; (2) you will not oppose the publication, use, modification, or deletion of the Submissions by us; and (3) you waive and will not claim or assert any entitlement to any moral rights in any of the Submissions, to the extent permissible under applicable law.

 

Parental or Guardian Permission

Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE.

6.    AVAILABILITY OF SERVICES, SECURITY

Availability

  1. HEAT shall make reasonable efforts to ensure that the Service is available to you. However, access to the Service may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of HEAT’s control. HEAT will use commercially reasonable efforts to avoid downtime of the Service, but assumes no liability if the Service or any part thereof is unavailable at any time or for any period.
  2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data.
  3. You acknowledge and agree that HEAT shall not have any liability or be responsible in any way for: (i) your use of the internet to connect to the Service or any technical problems, system failures or security breaches; (ii) the hardware that you use to access the Service (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Service that is stored on your own hardware; or (iii) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Service.
  4. You must immediately notify the HEAT team in the event that you become aware of any part of the Service malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Service.
  5. Users may also be required to download and install updates to the HEAT App so as to maintain access to the Service and its services. A User’s failure to do so might lead to certain services offered on the Service becoming temporarily inaccessible to the User until such update has been downloaded and installed.

 

Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by this reference.

If you are a registered user of the Service, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

 

 

6.  INTELLECTUAL PROPERTY, USE LICENCE

 

a. HEAT’s ownership of the Service

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Service and the material published on and through it (except the Contributed Content) are owned by HEAT, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Service, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorized use of another party’s Intellectual Property Rights.

All the Sites’ materials, including, without limitation, all HEAT product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2018-2022 ALL RIGHTS RESERVED. Unless expressly stated otherwise, HEAT or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HEAT or the respective copyright owner. You may not, without the express written permission of HEAT or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. 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 HEAT or any third party.

b. User’s license to use Service.

You are not granted any right to use, and may not use, any of HEAT’s Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

  • you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Service (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute, or otherwise use the Service (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from HEAT
  • you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Service; and
  • you may not use any data mining, robots or similar data-gathering or extraction methods. HEAT reserves the right to monitor your use of the Service and to alter or revoke your license or your access to the Service at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

c. Contributed Content.

(i) By posting or otherwise providing Contributed Content, you grant HEAT a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Service (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

(ii) You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Service and otherwise provide HEAT with such Contributed Content.

d. Restrictions on Use of Materials

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Service and the material provided therein for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You acknowledge that the Service contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. HEAT is the trade name and the registered trademark and service mark of HEAT. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Service. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

HEAT’s paid social media partners can be identified by the hashtag #HEATPartner. HEAT reserves the rights to their content and rights to leverage #HEATPartner content in marketing materials and communication.

e. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Service (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information

  1. a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
  4. your name, mailing address, telephone number and email address;
  5. a statement by you that you have 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; and
  6. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: HEAT DANCE 11677 San Vicente Blvd #213 Los Angeles CA 90049.

 

7. THIRD PARTY SERVICES AND CONTENT

In using the Service, you may view content provided by third-parties, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, HEAT does not control, endorse or adopt any Third-Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. HEAT is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

If you access the Service through or using any services or software provided by third parties, you acknowledge and agree that HEAT is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third-party services or software.

 

You may order services, merchandise, or other products through our Service from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers.

We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third-Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

These Terms apply only to the Service, and not to the websites of any third parties. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

 

8.    HEALTH DISCLAIMER

a. General

The Service includes weight loss management and information applications and content published over the Internet, which are intended only to assist users in their personal weight loss efforts. HEAT is not a medical organization, and our staff cannot give you medical advice or diagnosis. Nothing contained in the Service should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. The Service is intended for use only by healthy adult individuals. Except for our pre-natal workouts, which are offered to our pregnant and post-partum members, the Service is not intended for use by minors, pregnant women, or individuals with any type of health condition. All individuals, regardless of condition, should seek professional medical advice and clearance prior to initiating any form of weight loss effort or fitness regimen. There are inherent risks associated with exercise and fitness programs, and individuals engage in these activities at their own risks.

All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on the Service has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product(s). We do not recommend the self-management of health problems. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show the “HEAT Fat Burning Program” weight loss plan (“Program”) to your physician. Any modifications made to the Program by your physician should be followed.

The Program is designed for a safe rate of weight loss – up to two pounds per week (after the first three week). If you lose at a greater rate, you must review the Program’s guidelines and adapt them, if necessary, to avoid rapid weight loss. Not following the Program as designed may pose the risk of developing health complications associated with rapid weight loss.

b. PRENATAL & POST-PREGNANCY PROGRAM ADDENDUM

These provisions apply when you participate in the Prenatal and/or Post-Pregnancy Programs offered by HEAT on the Service. If you do not agree to these provisions, you must not participate in the Prenatal or Post-Pregnancy Program(s).

  1. When participating in any of the Programs, you represent, warrant and acknowledge the following:

(a) you are participating in the Prenatal and/or Post-Pregnancy Program entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal and/or Post-Pregnancy Program while participating in the Prenatal and/or Post-Pregnancy Program, or if you undertake, while pregnant, any HEAT Program or workout not recommended by HEAT, you also do so entirely at your own risk. In addition, you understand that, in participating in the Prenatal and/or Post-Pregnancy Program, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Prenatal and/or Post-Pregnancy Program;

(b) you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Prenatal and/or Post-Pregnancy Program;

(c) HEAT makes no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, HEAT is not aware of and cannot determine your individual suitability for the Prenatal and/or Post-Pregnancy Program. To the maximum extent permitted by Applicable Laws, you will indemnify HEAT and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:

(i) your participation in the Prenatal and/or Post-Pregnancy Program; or

(ii) your breach of any of the provisions of the Prenatal and/or Post-Pregnancy Program Addendum;

(d) any information provided by you to HEAT in connection with the Prenatal and/or Post-Pregnancy Program, including the fact that you have received medical clearance to participate in the Prenatal and/or Post-Pregnancy Program, is true, and you further acknowledge that HEAT has relied on this representation in assuming that you can participate safely in the Prenatal and/or Post-Pregnancy Program; and

(e) you know that you need to stop exercising and seek medical advice if at any time during or after having undertaken any exercise as part of the Prenatal and/or Post-Pregnancy Program, you feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Prenatal and/or Post-Pregnancy Program, or at any time thereafter).

7.    Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Service. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Service (as described below), you understand that by using the Service, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Service.

You agree not to use the Service (including any Community Areas) to:

  1. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  2. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
  3. Impersonate any person or entity, including, but not limited to any user of the Service, a director, officer, employee, shareholder, agent or representative of HEAT, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with HEAT, or our affiliates or any other person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Service;
  5. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
  8. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Service) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Service; Interfere with or disrupt the Service or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  11. “Stalk”, “Cyberstalk” or otherwise harass another user, employee of the Service or HEAT; or
  12. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Service, including user names or passwords; or access or attempt to access another user’s account without his or her consent;

 

Your privilege to use the Service (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Service and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.

Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Service (including any Community Area) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Service, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website has been removed. We will cooperate with law enforcement or a court order requesting or directing us to disclose the identity of you, or anyone, posting any information or material prohibited by these Terms. We may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of HEAT, its affiliates, or the public.

If you find a post that you feel violates these guidelines, please flag it by using the ‘report’ feature next to the comment.

If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the Forum and/or remove you from the Forum, as outlined in the suspension and termination section of these Terms of Use.

Sharing information in the HEAT Forum

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps.

If you do choose to share information which can be linked to you, be careful about what you post.

We recommend that you do not post sensitive personal information  that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.

Do not share personal information about other people or content that you do not have the right to share in the Forum.

We have no responsibility over the information that you choose to post in the Forum.

Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.

If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.

 

8.    LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

Limitation of Liability

(a) Nothing in these Terms of Use shall exclude or restrict HEAT’s liability for: (a) death or personal injury resulting from the negligence of HEAT or its Associated Parties (as defined in Clause 11.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in Clause 11.3 and paragraph 8.1(c) of the Post-Pregnancy Program section (where applicable).

(b) Subject to the foregoing, to the maximum extent permitted by Applicable Laws:

(i) in no event shall HEAT, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Associated Parties”) be liable for any:

(A) indirect or consequential loss; or

(B) loss of profit, business opportunity, anticipated savings, revenue, or goodwill,

in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorized or unauthorized use of the Service, or these Terms of Use; and

  1. c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (F) ANY OTHER MATTER RELATING TO OUR SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VERSED’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Disclaimers

  1. a) To the maximum extent permitted under Applicable Laws, the Service and any product, service or other item provided by or on behalf of HEAT are provided on an “as is” and “as available” basis and HEAT expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.

Neither heat, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the service or any function contained in the service will be uninterrupted or error-free, that defects will be corrected, or that the service or the servers that make the service available are free of viruses or other harmful components.

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.

Any product, offering, content and material downloaded or otherwise obtained through the use of the service is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.

Neither heat, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the service in terms of their correctness, accuracy, reliability, or otherwise.

Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms.

(b) The features on the Service that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Service. To the maximum extent permitted under Applicable Laws, HEAT is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Service.

 

 

Indemnification

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand HEAT and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:

(a) your use of, or conduct in connection with, the Service;

(b) your breach of these Terms of Use or any other policy;

(c) the Contributed Content you provide; or

(d) your violation of any Applicable Laws or the rights of any other person or entity.

You will provide HEAT and the Associated Parties with any assistance that HEAT and the Associated Parties reasonably requests in defending any such action or proceeding.

 

9.    COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

  1. If you have any questions, feedback or complaints, please contact the HEAT team at the following email address: support@heatdancecompany.com Alternatively, you can contact the HEAT team by completing a contact form (available at this webpage: LINK  or through the chat function on the HEAT website.
  2. If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of law.
  3. Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any Dispute not subject to Section 1 above, you and HEAT agree that any action at law or in equity arising out of or relating to the Website, the Service, or these Terms shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
  4. The Service is controlled, operated, and administered by HEAT from its offices within the United States of America. HEAT makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Service are illegal is prohibited. You may not use the Service or export the content or products in violation of U.S. export laws and regulations. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws.

Dispute Resolution

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND HEAT, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 2 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Binding Arbitration & Class Action Waiver

Mandatory Binding Arbitration:

By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Services or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below.

You and HEAT agree that the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”) shall govern any controversy or claim related to the Service or the Terms, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in these Terms. It is the parties’ intent that the Act and the rules promulgated by JAMS Mediation, Arbitration and ADR Services (“JAMS”) shall preempt all state laws to the fullest extent permitted by law. You and HEAT further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in whole or in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Class Action Waiver:

You acknowledge and agree that you and HEAT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and HEAT agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and HEAT each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.

Opt-Out Procedure:

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at info@heatdancecompany.com or by mail at HEAT DANCE Attn: Legal Dept 11677 San Vincente Blvd #213 Los Angeles CA 90049. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with HEAT.

Rules & Procedures:

Arbitration proceedings will be administered in accordance with the Act and the rules promulgated by JAMS and any supplementary rules then in effect (the “JAMS Rules”), except as modified by these Terms. Discovery in said arbitration shall be limited in scope to the specifics of liability on the Dispute, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control.

Arbitration may be conducted in person, through the submission of documents, by phone, online, or in person in in Los Angeles, California or at another mutually agreed location. All Disputes shall be resolved by one arbitrator; however, for Disputes exceeding $5,000,000, upon your or HEAT’s request, the Dispute shall be decided by three Arbitrators. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. We will reimburse those fees for claims totaling less than $10,000, unless the Arbitrator finds your Dispute frivolous.

All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the Arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the Arbitrator(s), upon a showing of good cause or by the parties’ agreement, may extend the commencement of the hearing for up to an additional sixty (60) days. The Arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The Arbitrator(s) will have the authority to decide whether any Dispute is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS Rules of an arbitration demand is the equivalent of the filing of a lawsuit. The Arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of HEAT to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. Except as provided in this Arbitration Agreement, the prevailing party in any action or arbitration related to these Terms shall be entitled to its reasonable attorney fees and costs.

Changes to Arbitration Agreement:

Notwithstanding the provisions of this Section 1, if HEAT changes any of the terms of this Section 1 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email at info@heatdancecompany.com or by mail at HEAT DANCE Attn: Legal Dept 11677 San Vincente Blvd #213 Los Angeles CA 90049. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and HEAT in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

 

The terms of this paragraph survive any termination of the Terms.

 

10. GENERAL

a. FORCE MAJEURE EVENT

A “Force Majeure Event” means any event beyond HEAT’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects HEAT’s ability to perform its obligations under these Terms of Use, the HEAT team will contact you as soon as reasonably possible to notify you and HEAT’s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.

b. Data Privacy

We will only use your personal information as set out in HEAT’s Privacy Policy (as amended from time to time) available at the following webpage:  http://heatdancecompany.com/privacy

c. Transfers

HEAT may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or HEAT’s obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.

d. Validity

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

e. Waiver

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

f. Relationship of the parties

Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by HEAT to you.

g. Third party rights

Only you and HEAT shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms and conditions.

 

11. CHANGES AND UPDATES TO SERVICE, TERMS OF USE

HEAT may terminate or modify any feature or part of the Service at any time without notice. HEAT may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Service. All such changes to the Terms of Use are effective immediately when posted to the Service and apply to all access to and use of the Service (including orders placed on the Service) thereafter. Your continued use of the Service following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.

You should check these Terms periodically for changes. By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.

 

 

12. Miscellaneous Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms and the Subscription Agreement, the Subscription Agreement shall control. These Terms may be modified only by our posting of changes to these Terms on the Service, or by written agreement of both parties. Each time you access the Service, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms. These Terms 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, or to exercise any right under the Terms, 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.

 

13. GEOGRAPHIC-SPECIFICTERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Use:

  1. AUSTRALIA
    1. In this Section 1 (Australia) of these Additional Terms:

(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);

(b) Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and

(c) Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.

    1. Where you acquire as a Consumer:

(a) goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted, or modified; and

(b) other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee as described in these Terms of Use,

and we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms of Use or in any other manner, and the parties agree it is fair and reasonable in all the circumstances for our liability to be so limited.

2. CANADA

    1. Section 2.1 (Eligibility) is replaced with the following:

By accessing or using the Service, you confirm that:

(a) you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable), or you have consent from your parent or guardian; and

(b) you have full power, capacity, and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Service.

 

Updated January 3, 2022