Agreement between User and www.danceology.biz

Welcome to www.danceology.biz. The www.danceology.biz website (the “Site”) is comprised of
various web pages operated by Danceology Performing Arts Campus (“DPAC”).
www.danceology.biz is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the “Terms”). Your use of www.danceology.biz
constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.

www.danceology.biz is an E-Commerce Site.

Danceology Performing Arts Camus website provides a platform to book and purchase various
forms of dance training such as classes, private lessons, camps, clinics, workshops and intensives.

Privacy
Your use of www.danceology.biz is subject to DPAC’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.danceology.biz or sending emails to DPAC constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that DPAC is not responsible for
third party access to your account that results from theft or misappropriation of your account.
DPAC and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.

Children Under Thirteen
DPAC does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.danceology.biz only with
permission of a parent or guardian.

Cancellation/Refund Policy
All Drop in or single classes are non refundable, non-extendable, and non transferable to other
persons. Late Cancel or No Shows will result in a loss of visit or credit. Cancellation must happen
prior to the start time of the class in order to keep your visit or credit. You can choose to early
cancel a visit or class through your Mindbody online account.

Class Passes are non refundable, non-extendable, and non transferable to other persons. Class

passes expire 3 months from the sale date. Late Cancel or No Shows will result in a loss of visit or
credit. Cancellation must happen prior to the start time of the class in order to keep your visit or
credit. You can choose to early cancel a visit or class through your Mindbody online account.

Monthly Memberships are contracts that are ongoing and do not expire. Your card on file in your
Mindbody account will be charged monthly for the amount of classes per week in your contract.
To cancel your monthly membership autopay and class enrollment, you are required to fill out a
ADD/CHANGE/DROP FORM. This form must be submitted 30 days prior to your next billing
cycle.

If you would like to switch or add classes at anytime throughout your active monthly membership
contract, you must fill out the ADD/CHANGE/DROP FORM.

All Events, Camps, Clinics, Workshops and Intensive Cancellations require a 48 hour prior email
notification to frontdesk@danceology.biz in order to receive a full refund or credit. We do not
issue credit or refunds if you cancel less than 48 hours prior. We do not issue credit or refunds for
absences or if you are a No Show.

Private Lessons have a 24-hour cancellation policy. Full payment will be charged if a private
lesson is canceled with less than 24-hour notice. Cancellation of a private lesson prior to 24-hours
before will be refunded or credited to your account. If you are late for a private class, the class will
end at the original time.

Links to Third Party Sites/Third Party Services
www.danceology.biz may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of DPAC and DPAC is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. DPAC is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by DPAC of the site or any association with its operators.

Certain services made available via www.danceology.biz are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.danceology.biz domain, you hereby acknowledge and consent that DPAC may share such
information and data with any third party with whom DPAC has a contractual relationship to
provide the requested product, service or functionality on behalf of www.danceology.biz users and
customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.danceology.biz strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to DPAC that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of DPAC or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
DPAC content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of DPAC and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of DPAC or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by DPAC from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the DPAC Content accessed through
www.danceology.biz in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless DPAC, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. DPAC
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with DPAC in
asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and DPAC agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DANCEOLOGY PERFORMING ARTS CAMPUS AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.

DANCEOLOGY PERFORMING ARTS CAMPUS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. DANCEOLOGY PERFORMING ARTS CAMPUS AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DANCEOLOGY PERFORMING ARTS CAMPUS AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANCEOLOGY
PERFORMING ARTS CAMPUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
DPAC reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of California and you hereby consent to
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and DPAC as a result of this agreement or use of the Site. DPAC’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of DPAC’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by DPAC
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and DPAC with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and DPAC
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.

Changes to Terms

DPAC reserves the right, in its sole discretion, to change the Terms under which
www.danceology.biz is offered. The most current version of the Terms will supersede all previous
versions. DPAC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
DPAC welcomes your questions or comments regarding the Terms:
Danceology Performing Arts Campus
10750 Thornmint Road Suite 102
San Diego, California 92127

Email Address:
info@danceology.biz
Telephone number:
8586131155

Effective as of March 19, 2023