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Terms and Conditions

 

Please carefully read through these Terms and Conditions.  By accessing our web site located at www.thefirstdance.com (the “Site”) or by otherwise accessing content found on the Site, you are deemed to have entered into an agreement with The First Dance, LLC (“we” or “us”) and to have agreed to be bound by the terms and conditions set out below.

Use of Information on or Accessible from or through the Site.  You may retrieve and display on your computer screen the information contained on the Site and then print (but not photocopy) such information and store it for your personal use in electronic or print form, participate in any online courses (subject to the payment of fees if applicable), participate in chat rooms, receive newsletters, access third party sites and otherwise avail yourself of the content and services accessible from or through the Site.  Except as expressly provided, you agree that you will not reproduce, modify, disseminate, sell, distribute, public, broadcast or commercially exploit the information available on or through the Site without our express written consent and, if necessary, the consent of third party providers of content accessible on or through the Site.  If you do have permission to do any of these things, you will in all events preserve all trade names and marks and all copyright notices.

Links to Other Sites and Advertisements.  This Site contains links to other web sites (“third party websites”) and this Site contains advertisements by third parties, which advertisements may contain links to third party websites.  We are not responsible for, do not endorse and do not assume legal liability for the content of any advertisements or for the material contained in any linked third party sites.  We ask you to advise us of any third party links which you believe are inappropriate or contain inaccurate information.

Communication.  You understand that if you provide your fax number, email address, mail address or telephone number to us, you will be giving express permission to the receipt of communications by such means from us or on our behalf.

Privacy Statement.  We respect your personal privacy and that of the other people who use the Site.  Please see our Privacy Statement.   

No Warranty; Disclaimer of Liability, Indemnity.  We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose, warranties of merchantability, and warranties of secure, uninterrupted or error-free service on the Site.  In no event will we be liable for direct, indirect, punitive, special or consequential damages to you arising out of or related to your use of the Site or any information on or accessible from or through the Site, including without limitation intangible damages or damages arising out of or related to reliance on information available on the Site, even if we have been advised of the possibility that such damages may arise.  You will indemnify us and our officers, employees, agents and contractors, for any losses and expenses (including reasonable attorneys’ fees) relating to or arising from your use of the Site or breach of any of these Terms and Conditions.

Arbitration.  You and we agree that any claim, dispute or controversy between us or any claim made by either of us against the other or our employees, agents, contractors or assigns and any claim arising from or relating to the Site, including the applicability of this arbitration clause and the validity of these terms and conditions, shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association.  Each such arbitration shall be conducted in the City of Minneapolis, Minnesota, and any award may be interpreted and enforced by any court of competent jurisdiction located in Minneapolis, Minnesota.  The terms and conditions of this Agreement, including without limitation this arbitration provision, shall be interpreted by the internal laws of the State of Minnesota, and the arbitrators shall apply the law of the State of Minnesota.  You and we understand that each of us would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case, but each of you and we acknowledges that we have chosen to have any disputes decided through arbitration.

Entire Agreement.  These terms and conditions constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede any and all other agreements, communication (written or oral) between you and us.  We may amend these terms and conditions or impose new conditions at any time by notice published on the Site. Any use of the Site by you after such notice shall be deemed to constitute your acceptance of such amendments, modifications or new conditions. It is understood and agreed that if any provision of these terms and conditions is held by a court to be illegal or in conflict with any law of the State of Minnesota, the validity of the remaining provisions shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if these terms and conditions did not contain the provision held invalid. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. The printed version of these terms and conditions and any notice or amendment given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No Assignment; Waiver.  These terms and conditions are personal to you and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred or in any manner become the rights and obligations of another without our expressed written consent.  No delay or omission on the part of you or us in requiring the performance of the other will operate as the waiver of any right.