Terms of Service
Fly One Studios, Inc. Effective Date: June 20, 2016 Website: www.flyonestudios.com
1. Acceptance of Terms
By accessing or using the website located at www.flyonestudios.com (the "Site"), or by purchasing classes, packages, or memberships from Fly One Studios, Inc. ("Fly One Studios," "we," "us," or "our"), you ("you" or "Client") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Site or our services.
If you are registering a minor, you represent that you are the minor's parent or legal guardian and agree to these Terms — including the assumption of risk and release in Section 8 — on the minor's behalf.
2. Description of Services
Fly One Studios offers in-person and/or virtual dance classes, workshops, class packages, and memberships (collectively, the "Services") as described on the Site. Schedules, instructors, pricing, and availability are subject to change without notice.
3. Eligibility and Accounts
You must be at least 18, or the parent/legal guardian of a participant under 18, to register an account or purchase Services. You agree to provide accurate registration and payment information and to keep your login credentials confidential. You are responsible for all activity under your account.
4 All content on the Site — text, graphics, logos, choreography, video — is owned by or licensed to Fly One Studios and protected by copyright and trademark law. You may not copy, reproduce, distribute, or create derivative works from it without our prior written consent12. Prohibited Conduct on the Site
You agree not to: (a) use the Site for any unlawful purpose; (b) attempt unauthorized access to our systems; (c) interfere with the Site's operation; or (d) upload viruses or malicious code.
13. Third-Party Links
The Site may link to third-party sites we don't control. We are not responsible for their content, policies, or practices.
14. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS PROHIBITED BY LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FLY ONE STUDIOS AND ITS OWNERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE [SIX (6)] MONTHS BEFORE THE CLAIM. NOTHING HERE LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER CALIFORNIA LAW, INCLUDING FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
16. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to Arbitrate. Except for small-claims matters and intellectual-property disputes, you and Fly One Studios agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by [AAA / JAMS] under its applicable rules, rather than in court — except either party may bring an individual claim in small claims court.
(b) Class Action Waiver. YOU AND FLY ONE STUDIOS EACH AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
(c) Arbitration Fees. Each party pays arbitration fees per the provider's rules and applicable California law, including the timely-payment requirements of Cal. Code Civ. Proc. §§ 1281.97–1281.99, under which a party that materially breaches its duty to pay required fees on time can be deemed to have waived its right to arbitration.
(d) Right to Opt Out. You may opt out of this arbitration agreement by emailing info@flyonestudios.com within 30 days of first accepting these Terms. If you opt out, disputes go to the courts named in Section 17 instead.
(e) Governing Rules. This arbitration agreement is governed by the Federal Arbitration Act.
17. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. For any dispute not subject to arbitration under Section 16, you agree to the exclusive jurisdiction and venue of the state or federal courts located in [INSERT COUNTY], California.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions stay in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
19. Entire Agreement; No Waiver
These Terms, together with any separately signed waiver or release form, are the entire agreement between you and Fly One Studios regarding the Services and supersede prior agreements. Our failure to enforce any provision is not a waiver of our right to do so later.
20. Changes to These Terms
We may update these Terms from time to time and will post the revised version on the Site with an updated effective date. Continued use of the Site or Services after changes take effect means you accept the revised Terms.
21. Termination
We may suspend or terminate your access for violating these Terms. You may stop using the Services and close your account at any time, subject to the cancellation and refund terms in Sections 5 and 6.
22. Contact Information
Fly One Studios, Inc. Attn: Wendi Williams Email: info@flyonestudios.com Website: www.flyonestudios.com