Dance to Learn® Library

1. GENERAL TERMS

1.1 Agreement
 This Agreement is a binding legal contract between you and Dance to Learn, LLC (“Dance to Learn, LLC,” “we,” “us,” or “our”). If you are entering into this Agreement on behalf of a business or legal entity, you represent and warrant that you have the legal authority to bind that entity and its affiliates. In such cases, all references to “you” and “your” refer to that entity.

You and Dance to Learn, LLC may each be referred to individually as a “Party” and collectively as the “Parties.”

By using our Services, you also agree to our Privacy Policy, which explains how we collect and use information submitted through the Services. By accessing or using the Services, you acknowledge that you have read the Privacy Policy and agree to its terms.

This Agreement governs all uses of the Services, including:

• One-time purchases
  
  

• Paid subscriptions
  
  

• Free trials

1.2 Changes to the Agreement
 We may, at our sole discretion, update or modify this Agreement from time to time. Any such changes will become effective upon posting the revised version to our Website. All changes apply prospectively and will not be retroactive.

If material changes are made, we will also notify you via email using the contact information associated with your account.

By continuing to use the Services after any changes take effect, you are agreeing to the updated terms. If you do not agree to the changes, you must discontinue use of the Services and may terminate your account by contacting us at [email protected].

It is your responsibility to review the most current version of the Agreement available on our Website and ensure that you understand and accept the terms.

1.3 Eligibility
 To access and use the Services, you must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is older. By using the Services, you represent and warrant that you meet this eligibility requirement.

Dance to Learn, LLC does not knowingly provide access to the Services to individuals under the age of 18. Any account found to be registered by someone under the minimum age requirement is subject to immediate termination without refund.

2. SERVICES

2.1 Access to Services
 Dance to Learn, LLC provides educational services for dance teachers through a full curriculum that includes:

• Memberships

• Courses

• Coaching

• Dance Class lesson plans

• Coloring pages, pages and other printable resources

• Suggested music and prop lists

• Parent communication tools (e.g., welcome letters, vocabulary lists, progress reports)

• Printable certificates

• Seasonal camps and special event plans

(collectively, the “Services”).

Access to the Services you have purchased will be granted in accordance with the terms of this Agreement. Dance to Learn, LLC may temporarily suspend access due to:

• Scheduled maintenance
  
  

• Technical issues
  
  

• Emergency situations (e.g., natural disasters)

We also reserve the right to change, enhance, or discontinue specific features or components of the Services at any time, with or without notice.

2.2 Third-Party Offerings and Affiliate Links
 The Services may allow access to or integration with Third-Party Offerings, which are not considered part of the Dance to Learn, LLC Services under this Agreement. These third-party tools, content, or platforms are:

• Not covered by our warranties, service guarantees, or support obligations.
  
  

• Not controlled or maintained by Dance to Learn, LLC.
  
  

Unless explicitly stated, the availability of a Third-Party Offering does not imply an endorsement or affiliation with its provider. We reserve the right to disable or restrict access to any Third-Party Offering at any time, without notice or liability.

By choosing to use a Third-Party Offering, you expressly authorize Dance to Learn, LLC to share your data or account information as necessary to enable its functionality.

Your use of any Third-Party Offering is at your own risk, and is governed by that provider’s own terms of service, privacy policies, and other applicable agreements.

Additionally, some links may be marked as affiliate links. If you make a purchase through one of these links:

• Dance to Learn, LLC may receive a small affiliate commission or referral payment,
  
  

• At no additional cost to you.
  
  

Affiliate links will be clearly disclosed wherever they are used.

3. YOUR RESPONSIBILITIES

3.1 Liability for Affiliates and End Users
 You are fully responsible for all activity that occurs under your account, including any actions taken by your Affiliates or End Users.

You agree to:

• Ensure that all Affiliates and End Users comply with the terms of this Agreement.
  
  

• Follow all applicable local, state, national, and international laws, including those relating to data privacy and the transmission of personal information.
  
  

Any reference in this Agreement to your “access” or “use” of the Services is deemed to include use by your Affiliates and End Users.

A violation of this Agreement by an Affiliate or End User will be treated as a breach by you.

3.3 Restrictions on Use
 You and your Affiliates agree not to engage in any of the following prohibited activities:

• (i) Submit any material that is infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious, including content that violates the privacy rights of others.
  
  

• (ii) Interfere with or disrupt the integrity, security, or performance of the Services or any associated data.
  
  

• (iii) Attempt to gain unauthorized access to the Services or any related systems, networks, or data.
  
  

• (iv) Post, transmit, or make available any malicious code, including but not limited to viruses, worms, Trojan horses, Easter eggs, time bombs, spyware, or other harmful scripts, programs, or files.
  
  

• (v) Restrict or inhibit any other user from accessing or enjoying the Services or Website.
  
  

• (vi) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Services or Website.
  
  

• (vii) Frame, mirror, or otherwise replicate any part of the Services within another product or service.
  
  

• (viii) Systematically download, copy, or store content from the Services, including for offline use or unauthorized distribution.
  
  

• (ix) Use any robot, spider, search/retrieval application, or other manual or automated method to scrape, mine data, index content, or otherwise bypass or manipulate the navigational structure or presentation of the Services or Website.
  
  

Violations of this section may result in immediate suspension or termination of access, at our sole discretion.

3.4 Cardholder Data

You are fully responsible for the handling and security of any Cardholder Data processed under your account.

• You are solely liable for any loss, misuse, or breach of Cardholder Data by you or any of your Affiliates.
  
  

• You agree that both you and your Affiliates will strictly comply with all applicable Payment Card Industry Data Security Standards (PCI DSS) whenever credit card data is collected, stored, processed, or transmitted through the Services.
  
  

Failure to comply with PCI DSS may result in suspension or termination of your account and Services.

3.5 User Names and Passwords

Dance to Learn, LLC reserves the right to reject, revoke, or require changes to any username or password under your account, at our sole discretion.

• Usernames and passwords are for internal, individual use only and may not be shared with any third party.
  
  

• You are fully responsible for all activity conducted using any usernames or passwords associated with your account, including any unauthorized use or misuse.
  
  Keep your credentials secure. Misuse or sharing may result in account suspension or termination.

3.6 Legal Name Requirement

All users must register for the Services using their full legal name. Our user registration form is set up to collect individual legal names only. The use of a business name, pseudonym, or alias in place of your legal name is not permitted.

If you are purchasing Services on behalf of a business or organization and require access for multiple individuals:

• You must first register using a single individual's legal name.
  
  

• Then, you may request additional user licenses or linked email accounts by contacting Dance to Learn, LLC at [email protected]
  
  

• Approval is granted at our sole discretion, and additional users must also comply with our Terms of Use and Single User Agreement.
  
  

Dance to Learn, LLC reserves the right to immediately suspend or terminate any account found using misleading or inaccurate registration information, without notice and without refund.

It is your responsibility to ensure your account information remains accurate and up to date at all times.

3.7 Email Responsibility

Dance to Learn, LLC communicates important account-related information via email. By registering for the Services, you agree to receive the following types of emails:

• [email protected] – General information, announcements, newsletters, and marketing (includes an unsubscribe option via Kit.com)
  
  

• [email protected] – System-generated support, billing, and account-related emails (these are required and cannot be unsubscribed from)
  
  

• [email protected] and [email protected] – Sent by our Thinkific platform for account access, course progress, and platform updates
  
  

You are responsible for maintaining an active and deliverable email address and for regularly checking your inbox. Dance to Learn, LLC is not responsible for missed communications resulting from:

• Emails marked as spam
  
  

• Unsubscribing from required communication channels
  
  

• Misconfigured inbox settings or filters
  
  

To ensure proper delivery, you must add all listed email addresses to your safe sender list or whitelist. Non-receipt of emails due to user-side settings will not exempt you from billing terms, renewal obligations, or account responsibilities.

3.8 Single User Agreement

All accounts with Dance to Learn, LLC are governed by a Single User Agreement.

• Only the individual whose legal name is registered on the account is authorized to use the username, password, and access any associated content.
  
  

• Sharing login credentials with others, including co-workers, assistants, or family members, is strictly prohibited.
  
  

• If additional individuals need access to content:
  

  • A separate teacher account must be purchased for memberships.
    
    

  • A valid license must be purchased for any individual products intended for use by more than one person.
    

Violation of the Single User Agreement may result in immediate suspension or termination of your account without refund.

4. Fees and Payment

4.1 Fees
 Fees for use of the Services are set forth on the Order Form located on our website at https://library.dancetolearn.co and may be updated by Dance to Learn, LLC from time to time.

4.2 Payment Terms
 You agree to pay Dance to Learn, LLC the applicable fees stated on the Order Form or otherwise specified in this Agreement.

• All payment obligations under this Agreement are non-cancelable, and all fees paid are non-refundable.
  
  

• Unless otherwise stated, fees must be paid in advance.
  
  

• You agree to provide valid, updated payment information (credit card or other acceptable method).
  
  

• By submitting payment information, you represent that you are authorized to use the payment method and authorize Dance to Learn, LLC to process charges.
  
  

• You also authorize Dance to Learn, LLC to share this information with third parties as necessary to facilitate payment.
  
  

4.3 Changes in Fees
 Dance to Learn, LLC may adjust the fees for its services at any time, with or without notice, for products or services not subject to a current Order Form. Legacy pricing rules may apply (see Section 4.8).

4.4 Recurring Payments and Billing

4.4.1 Recurring Plans
 Dance to Learn, LLC offers services on both monthly and annual recurring billing plans.

• Services begin immediately upon payment and continue until canceled by you.
  
  

• Monthly plans are billed automatically each month.
  
  

• Annual plans are billed automatically once per year.
  
  

4.4.2 Renewal Notices for Annual Plans
 If enrolled in an annual plan, you will receive email reminders prior to renewal. These reminders provide the opportunity to:

• Switch to a monthly plan
  
  

• Pause your membership
  
  

• Cancel before renewal
  
  

Changes must be made before the renewal date to avoid charges for the next billing cycle.

4.5 Cancellations, Refunds, and Prorated Charges

4.5.1 No Refunds or Proration
 All payments are non-refundable, and we do not offer partial refunds or prorated credits.

• If you cancel a monthly membership, you will retain access until the end of your current billing month.
  
  

• If you cancel an annual membership, access continues through the end of your paid year.
  
  

No refunds will be issued for unused time. Access continues until the current paid term expires.

4.6 Payment Errors and Chargebacks

4.6.1 Payment Errors
 If you believe a payment was processed in error, you must notify Dance to Learn, LLC in writing within 30 days of the payment date. After 30 days, the charge is considered final.

4.6.2 Chargeback Policy

• a. Dispute Resolution First: Contact us at [email protected] before initiating a chargeback. Most issues can be resolved quickly through support.
  
  

• b. Reminder of Non-Refund Policy: As noted above, all payments are non-refundable. You are responsible for managing your subscription through your account.
  
  

• c. Unauthorized Chargebacks: Chargebacks filed without following the dispute process may violate our Terms of Service. We reserve the right to dispute these with supporting documentation.
  
  

d. Account Suspension and Collections: Chargebacks may result in suspension or termination of your account. We may pursue collection of unpaid fees, including the original amount, any applicable late fees, and collection costs, including via a third-party agency or legal means.

4.7 Paused Accounts

• You may pause a recurring membership for up to three (3) months.
  
  

• During a pause, both billing and access are temporarily suspended.
  
  

• Billing resumes automatically at the end of the pause.
  
  

• You may reactivate earlier by contacting [email protected].
  
  

Pause Limits:

• A maximum of two pauses are allowed per 12-month period.
  
  

• A minimum of one full month of active membership is required between pauses.
  
  

• Email reminders begin three weeks prior to automatic reactivation.
  
  

• It is your responsibility to ensure your payment method is current before billing resumes.
  
  

4.8 Trial Offers

• Trial periods are offered at the discretion of Dance to Learn, LLC and are only available to first-time customers.
  
  

• Current or returning members are not eligible.
  
  

If a current or returning member enrolls in a trial:

• Access will be suspended.
  
  

• You will be sent instructions to re-enroll under the regular membership terms.
  
  

• No refunds will be issued for any payments made in violation of trial eligibility.
  
  

At the end of a valid trial, your membership will automatically convert to the selected monthly or annual plan unless canceled before the trial ends.

4.8.1 Abuse of Trial Offers
 Dance to Learn, LLC reserves the right to monitor account activity during any trial period. Any excessive downloading, rapid or automated access, account scraping, or behavior that reasonably appears to be an attempt to collect or retain materials without intent to continue membership may be considered abuse of the trial offer.

We may, at our sole discretion:

• Revoke access immediately without notice
  
  

• Terminate the trial account
  
  

• Deny future access to the Services
  
  

• Enforce our policy that no refunds will be issued for any trial account that violates these terms
  
  

Trial periods are intended for genuine exploration of our membership services. Abuse of the trial program is a violation of these Terms of Service and may result in further legal action.

4.9 Legacy Pricing

• Members with active recurring memberships are eligible for Legacy Pricing, which locks in your current rate as long as your membership remains active.
  
  

• Paused accounts (up to 3 months) retain Legacy Pricing.
  
  

• Canceling your membership forfeits Legacy Pricing.
  
  

• If you rejoin later, you must enroll under the current rate.
  
  

4.10 Individual Products

Dance to Learn, LLC also sells individual products (e.g., printables, courses, lesson plans) separate from memberships.

• These are typically one-time payments.
  
  

• You receive immediate access to your materials.
  
  

• Unless stated otherwise, products include lifetime access, contingent upon the item remaining in our library.
  
  

• We reserve the right to modify or remove products at any time without notice.
  
  

• No refunds will be issued for products that are later removed.
  
  

4.11 Taxes

You are responsible for paying all applicable taxes related to your purchases. If Dance to Learn, LLC is required to collect or remit taxes on your behalf, you will be invoiced and must pay the invoiced amount.

5 – INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership and Rights

All right, title, and interest in and to the Services, Dance to Learn, LLC Data, and Aggregated Data are owned exclusively by Dance to Learn, LLC, including all related intellectual property rights.

You are granted only the limited rights expressly stated in this Agreement. All other rights are reserved by Dance to Learn, LLC.

5.2 Use of Marks and Content

• All service marks, logos, and product or service names used within the Services are the property of Dance to Learn, LLC.
  
  

• You may not use, display, reproduce, or distribute any Dance to Learn, LLC marks without prior written permission.
  
  

• Third-party logos, trademarks, or branding referenced in the Services may be owned by their respective providers. You are responsible for complying with their brand usage guidelines.
  
  

5.3 Restrictions

Unless expressly authorized in writing:

• You may not copy, reproduce, sell, republish, transmit, display, repost, or otherwise distribute any content from the Website or Services for commercial or public use.
  
  

• These Terms do not grant you any rights, title, or interest in any copyright, trademark, or other proprietary rights owned by Dance to Learn, LLC or its licensors.
  
  

5.4 Submissions and Third-Party Content

You may not post, upload, or transmit any content that is:

• Owned by a third party and protected by copyright, trade secret, or intellectual property laws,
  
  

• Or subject to privacy rights,
  
  

unless:

• You are the rightful owner, or
  
  

• You have explicit permission from the rights holder to share and grant usage rights to Dance to Learn, LLC.
  
  

5.2 License Grant to You

Subject to the terms and conditions of this Agreement, Dance to Learn, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your internal business or educational purposes—as set forth in a completed Order Form or purchase agreement.

This license becomes active upon completion of your purchase and is strictly limited to the scope of access specified at the time of purchase.

You may NOT:

• (a) Modify, copy, or create derivative works based on any part of the Services;
  
  

• (b) Publish, distribute, sublicense, resell, rent, lease, assign, transfer, or otherwise make the Services available to third parties (except Affiliates or End Users under your account);
  
  

• (c) Reverse engineer, decompile, disassemble, or attempt to extract the source code of any software related to the Services;
  
  

• (d) Use the Services for competitive analysis, or to build any competing product or service;
  
  

• (e) Copy or replicate any features, functions, layouts, interfaces, or visual elements of the Services;
  
  

• (f) Use or exploit the Services in any manner not expressly authorized under this Agreement.
  
  

Violation of these restrictions will result in immediate termination of your access and may result in legal action.

5.3 License Grant to Dance to Learn, LLC

By using the Services, you grant Dance to Learn, LLC and its affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to:

• (a) Modify, copy, distribute, and incorporate into the Services—without attribution—any suggestions, enhancement requests, recommendations, proposals, corrections, feedback, or other information you, your Affiliates, or End Users provide regarding the Services or Dance to Learn, LLC’s business.
  
  

• (b) Use your business name(s), trademarks, service marks, and logos (collectively, “Your Marks”) for:
  
  

  • Providing and delivering the Services;
    
    

  • Marketing and promotional activities in connection with Dance to Learn, LLC’s business.
    
    

Dance to Learn, LLC agrees that any use of Your Marks will inure solely to the benefit and goodwill of your business.

Except for the rights expressly granted above, all rights, title, and interest in and to Your Marks remain solely with you.

5.4 Intellectual Property Policy

Dance to Learn, LLC respects the intellectual property rights of others and complies with applicable intellectual property laws.

We will investigate and respond to properly submitted notices of alleged copyright or trademark infringement in accordance with our Intellectual Property Policy, which may be updated from time to time.

All content or data submitted to the Services by you, Affiliates, or End Users is subject to the terms of our Intellectual Property Policy.

If you believe that your intellectual property rights have been violated, you must submit a written notice that includes all required elements as outlined in our policy. Failure to provide complete and accurate information may delay or invalidate the review of your claim.

6.1 Use of Your Data

Your use of the Services is also governed by our Privacy Policy, which outlines how Dance to Learn, LLC collects, uses, stores, and protects your data.

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to the terms of our Privacy Policy.

We encourage you to review the Privacy Policy regularly to stay informed about how your data is handled.

7. CONFIDENTIAL INFORMATION

7.1 Non-Disclosure and Protection of Confidential Information
 Each Party agrees not to disclose or use any Confidential Information of the other Party except under the following circumstances:

• (a) As reasonably necessary to perform its obligations or exercise rights under this Agreement
  
  

• (b) With the other Party’s prior written consent
  
  

• (c) If required by law, regulation, or court order
  
  

Each Party will protect the other Party’s Confidential Information using the same degree of care it uses to protect its own Confidential Information of similar sensitivity, but no less than a commercially reasonable standard of care.

Confidential Information does not include information that:

• (i) Becomes publicly known through no fault of the receiving Party
  
  

• (ii) Was lawfully known by the receiving Party before disclosure by the disclosing Party
  
  

• (iii) Is independently developed without use of or reference to the disclosing Party’s Confidential Information
  
  

• (iv) Is lawfully received from a third party without restriction
  
  

For clarity, Dance to Learn, LLC’s use of aggregated or de-identified data collected through the Services is not restricted by this section.

8. TERMINATION

8.1 Rights on Termination or Expiration
 Upon termination or expiration of this Agreement:

• (a) All active membership Order Forms will automatically terminate and you will lose access to membership Services at the end of your paid term.
  
  

• (b) You will no longer have rights to use or access the Services associated with an active membership.
  
  

For different types of purchases:

• Memberships: You may cancel your membership at any time. Access to membership content will remain available through the end of the current billing period (monthly or annual). You may re-enroll in the future under the current terms and pricing unless:
  
  

  • You have previously violated the Terms of Service
    
    

  • Your account has been suspended or permanently restricted
    
    

• Individual Products: Purchases such as printables, lesson plans, and courses are typically granted lifetime access, unless:
  
  

  • Dance to Learn, LLC removes the product from its library
    
    

  • Access is otherwise terminated due to violation of the Terms
    
    

Termination of this Agreement does not entitle you to any refund. All fees paid are non-refundable, including in the event of early termination or account removal.

8.2 Right to Terminate or Suspend Services

Dance to Learn, LLC reserves the right to suspend or terminate access to the Services, in whole or in part, at any time, with or without notice, if:

• (a) We reasonably believe that your use of the Services:
  
  

  • Violates this Agreement,
    
    

  • Infringes on the intellectual property rights of a third party,
    
    

  • Violates any applicable law or regulation, or
    
    

  • Is otherwise harmful, fraudulent, abusive, or disruptive to Dance to Learn, LLC, its users, or any third party; or
    
    

• (b) We are required to do so by law or a valid governmental order.
  
  

In the event of termination for cause, you will not be entitled to any refund or reinstatement of access.

9.1 Accuracy of Your Account Information
 You agree to provide and maintain complete, accurate, and up-to-date information in connection with your account, including but not limited to:

• Your full legal name or legal business name
  
  

• A valid street address
  
  

• A current email address
  
  

• Any additional contact details reasonably requested by Dance to Learn, LLC
  
  

You are solely responsible for ensuring that this information remains accurate and current. You agree to promptly notify Dance to Learn, LLC in writing of any changes to your account information.

9.2 Disclaimer of Warranties

THE WEBSITE, SERVICES, CONTENT, PRODUCTS, AND ALL INFORMATION MADE AVAILABLE THROUGH DANCE TO LEARN, LLC ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Dance to Learn, LLC expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability
  
  

• Warranties of fitness for a particular purpose
  
  

• Accuracy, completeness, or currentness of information
  
  

• Uninterrupted or error-free access to Services
  
  

• Protection against viruses or defects
  
  

• Non-infringement of intellectual property rights
  
  

You acknowledge and agree that your use of the website, services, and any related content—whether provided by Dance to Learn, LLC or a third party—is entirely at your own risk.

This disclaimer will survive the termination or expiration of this Agreement.

9. WARRANTIES AND DISCLAIMERS

9.1 Accuracy of Your Account Information
 You agree to provide and maintain complete, accurate, and up-to-date information in connection with your account, including but not limited to:

• Your full legal name or legal business name
  
  

• A valid street address
  
  

• A current email address
  
  

• Any additional contact details reasonably requested by Dance to Learn, LLC
  
  

You are solely responsible for ensuring that this information remains accurate and current. You agree to promptly notify Dance to Learn, LLC in writing of any changes to your account information.

9.2 Disclaimer of Warranties

THE WEBSITE, SERVICES, CONTENT, PRODUCTS, AND ALL INFORMATION MADE AVAILABLE THROUGH DANCE TO LEARN, LLC ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Dance to Learn, LLC expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability
  
  

• Warranties of fitness for a particular purpose
  
  

• Accuracy, completeness, or currentness of information
  
  

• Uninterrupted or error-free access to Services
  
  

• Protection against viruses or defects
  
  

• Non-infringement of intellectual property rights
  
  

You acknowledge and agree that your use of the website, services, and any related content—whether provided by Dance to Learn, LLC or a third party—is entirely at your own risk.

This disclaimer will survive the termination or expiration of this Agreement.

10 – INDEMNIFICATION

10.1 Your Obligation to Indemnify
 To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Dance to Learn, LLC and its directors, officers, employees, shareholders, parents, subsidiaries, affiliates, agents, and licensors from and against any and all claims, damages, liabilities, losses, expenses, and costs, including reasonable attorneys' fees, arising out of or relating to:

• (i) Content or materials you submit, including—but not limited to—violations of intellectual property rights (copyright, trademark, trade secret), publicity rights, or privacy rights, or for any material that is obscene, defamatory, harassing, abusive, hateful, misleading, or otherwise unlawful;
  
  

• (ii) Your use or unauthorized copying of the Services or any portion thereof;
  
  

• (iii) Any actual or alleged violation by you, your Affiliates, or End Users of a third party’s intellectual property, privacy, or other legal rights;
  
  

• (iv) Any dispute between you and a third party regarding the ownership or control of your data;
  
  

• (v) Any actual or alleged breach of this Agreement or applicable laws by you, your Affiliates, or End Users.
  
  

This indemnification obligation will survive termination or expiration of this Agreement.

11 – LIMITATIONS OF LIABILITY

11.1 Disclaimers of Liability for Cardholder Data
 Dance to Learn, LLC expressly disclaims all liability for damages or losses allegedly caused by the transmission of Cardholder Data prior to its secure encryption and receipt by servers under our control. This includes, but is not limited to, any damage resulting from:

• Fraud
  
  

• Embezzlement
  
  

• Theft
  
  

• Identity theft
  
  

• Invasion of privacy
  
  

11.2 Maximum Liability Cap
 To the maximum extent permitted by law, Dance to Learn, LLC’s total, aggregate liability for any and all claims arising out of or related to this Agreement—whether in contract, tort, or otherwise—will be limited to the total subscription fees actually paid by you to Dance to Learn, LLC during the twelve (12) months preceding the event that gave rise to the claim.

11.3 No Liability for Consequential Damages
 In no event shall Dance to Learn, LLC or its officers, directors, employees, affiliates, licensors, or subcontractors be liable for any:

• Indirect
  
  

• Special
  
  

• Incidental
  
  

• Consequential
  
  

• Punitive damages
  
  

This includes, without limitation, liability for:

• Lost profits
  
  

• Loss of use, data, or business opportunities
  
  

• Cost of data reconstruction
  
  

• Cost of substitute goods or services
  
  

These exclusions apply regardless of the cause of action or theory of liability, even if we have been advised of the possibility of such damages.

11.4 Legal Exceptions
 The foregoing exclusions or limitations may not apply where prohibited by applicable law.

12 – MISCELLANEOUS

12.1 Governing Law
 This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of Colorado, without regard to its conflict of law principles. You agree that any disputes arising from or related to this Agreement or the Services will be subject to the exclusive jurisdiction of the courts located in Douglas County, Colorado, and you consent to the personal jurisdiction of such courts.

12.2 Mandatory Informal Dispute Resolution
 If you have any dispute with Dance to Learn, LLC arising out of or relating to this Agreement, you agree to first notify us in writing. Your notice must include:

• A brief, written description of the dispute
  
  

• Your contact information
  
  

Upon receipt, Dance to Learn, LLC will have thirty (30) days to attempt to resolve the dispute through good faith negotiations to your reasonable satisfaction.

If the Parties are unable to resolve the dispute within that time frame, either Party may proceed to resolve the matter in accordance with the arbitration agreement outlined below.

12.3 Binding Arbitration
 Any dispute between you and Dance to Learn, LLC will be resolved exclusively through binding arbitration, governed by the U.S. Federal Arbitration Act. By agreeing to this provision, you waive your right to litigate in court before a judge or jury, or to participate as a plaintiff or class member in any class or representative action.

• All disputes will be resolved by a neutral arbitrator, whose decision will be final and binding.
  
  

• Any court with proper jurisdiction may enforce the arbitrator’s award.
  
  

12.3.1 Arbitration Procedure

• All arbitration proceedings will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
  
  

• If you reside in the United States, arbitration will be held at a mutually agreed-upon location, or if no agreement is reached, arbitration will take place in Colorado, and both parties consent to the jurisdiction of Colorado courts to enforce or review the arbitration proceedings.
  
  

• If you reside outside the United States, arbitration shall be initiated in Colorado, and both you and Dance to Learn, LLC agree to submit to the personal jurisdiction of the federal or state courts located in Colorado for:
  
  

  • Compelling arbitration,
    
    

  • Staying legal proceedings pending arbitration, or
    
    

  • Confirming, modifying, vacating, or entering judgment on the arbitrator’s award.
    
    

The arbitrator’s award must conform to these Terms of Service, including the Limitation of Liability section.

To the maximum extent permitted by law:

• Any claim or dispute must be filed within one (1) year from the date it could first have been filed.
  
  

• Claims not filed within this period will be permanently barred.
  
  

12.4 Not Advice
 Information contained in the Services is provided for educational and informational purposes only and is not intended to constitute medical, legal, tax, financial, or other professional advice. You should not rely on the Services as a substitute for consultation with a qualified physician, attorney, tax advisor, financial planner, or other licensed professional. Always seek the advice of an appropriate professional regarding your specific situation.

12.5 Severability

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of the Terms. The remaining provisions shall remain in full force and effect and will not be affected or impaired.

2.6 Waiver
 No waiver of any provision of these Terms of Use will be considered a continuing or future waiver of that provision or any other provision. The failure by you or us to assert any right or enforce any provision of these Terms shall not constitute a waiver of such right or provision.

12.7 Survival

Any provisions of these Terms of Use that by their nature are intended to survive termination—including, but not limited to, provisions regarding intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, and dispute resolution—shall remain in full force and effect after termination of this Agreement.

12.8 Assignment
 You may not assign, delegate, or transfer any part of this Agreement without the prior written consent of Dance to Learn, LLC. Any attempt to do so without such consent will be null and void.
 Dance to Learn, LLC may freely assign, transfer, or sublicense its rights and obligations under this Agreement without restriction.

12.9 Notices
 Any notices provided by Dance to Learn, LLC under this Agreement may be delivered:

• Within the Services, or
  
  

• To the email address(es) we have on file for your account.
  
  

You hereby consent to receive notices through the above means. Such notices will be deemed effective:

• On the same day if sent on a business day, or
  
  

• On the next business day if not.
  
  

12.10 Force Majeure
 Neither Party will be held liable for any failure or delay in performance under this Agreement (except for delays in the payment of fees) caused by events beyond their reasonable control and not due to their fault or negligence. Such events may include, but are not limited to:

• Acts of God
  
  

• Acts of government
  
  

• Natural disasters (e.g., flood, fire)
  
  

• Civil unrest or acts of terror
  
  

• Strikes or labor disputes
  
  

• Cyberattacks, including malicious acts or disruptions to internet service providers, telecommunications, or hosting facilities
  
  

Deadlines for performance will be extended for the duration of the delay caused by the force majeure event.

12.11 Relationship of the Parties

This Agreement does not create, and shall not be construed to create, any partnership, joint venture, agency, employment, or franchisor-franchisee relationship between you (or your Affiliates or End Users) and Dance to Learn, LLC. Each Party is acting independently and not as an agent or representative of the other.

12.12 Entire Agreement

These Terms of Use constitute the entire agreement between the Parties concerning the subject matter herein and supersede all prior or contemporaneous agreements, proposals, representations, and communications, whether written or oral. These Terms shall be binding upon and inure to the benefit of the Parties and their respective successors and lawful assigns.

13 – Definitions

For the purposes of this Agreement, the following capitalized terms will have the meanings set forth for each of them below:

• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this Agreement. “Control” means the power to direct or cause the direction of the management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement, or other contractual arrangement. “Affiliate” also includes any of your business locations and any Franchisees that have been designated to receive Services under this Agreement.
  
  

• “Aggregated Data” means anonymized, aggregated data derived by or through the use of the Services or the Website that is created by or on behalf of Dance to Learn, LLC and that does not reveal any personally identifying information.
  
  

• “Cardholder Data” means credit card numbers, expiration dates, billing addresses, and cardholder names as entered by End Users and you. Cardholder Data is a subset of End User Data.
  
  

• “Confidential Information” means (a) any software utilized by Dance to Learn, LLC in the provision of the Services; (b) each Party’s proprietary information, including but not limited to information relating to plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by the disclosing Party as “confidential” or “proprietary” or the receiving Party knows or should reasonably know is confidential or proprietary; and (c) any special pricing or other non-standard terms agreed to by the Parties in an Order Form or other separate written document.
  
  

• “End User” means a business or individual that schedules or purchases products or services from you through the Services or otherwise interacts with you through the Services.
  
  

• “End User Data” means all data, information or other material about an End User that you, an Affiliate or End User provides or submits to the Services. End User Data may include Cardholder Data and such portions of Your Data that relates to specific End Users.
  
  

• “License” means a non-exclusive, revocable right to access and use a specific product or service purchased from Dance to Learn, LLC, subject to the terms of this Agreement and any applicable Order Form.
  
  

• “Membership” means a subscription-based access to the Services offered by Dance to Learn, LLC, including curriculum materials, resources, and digital downloads, as defined in the Order Form.
  
  

• “Order Form” means a separate ordering document, invoice, or other documentation that specifies the Services purchased hereunder, the applicable fees, and other terms as agreed to between the Parties. If an Order Form indicates that any Affiliates will be receiving Services hereunder, each of them will be bound by the terms of this Agreement as if they were an original party hereto.
  
  

• “PCI DSS” means the requirements of the Payment Card Industry Data Security Standard, as detailed on https://www.pcisecuritystandards.org, and as may be updated from time to time.
  
  

• “Privacy Policy” means the Dance to Learn, LLC Privacy Policy accessible at https://learn.dancetolearnuniversity.com, as may be updated by Dance to Learn, LLC from time to time.
  
  

• “Services” means granting access to and utilizing materials comprising a full curriculum with monthly lesson plans, coloring pages, suggested music, handouts such as parent welcome letters, vocabulary lists, progress reports, achievement certificates, as well as camp and special event plans contained in the programs as purchased.
  
  

• “Third Party Offerings” means any third-party products, applications, websites, implementations, or services, including loyalty programs, that the Services link to, incorporate, or that interoperate with or are used in conjunction with the Services.
  
  

• “Trial Period” means any limited-time access to the Services provided free or at a discounted rate, which automatically converts to a recurring paid subscription unless cancelled by the User prior to the trial’s expiration.
  
  

• “User” means the individual who registers for a Dance to Learn, LLC account using their legal name and is the sole authorized person to access and use the Services under that account.
  
  

• “Website” means https://library.dancetolearn.co and any other websites through which Dance to Learn, LLC makes the Software Service available.
  
  

• “Your Data” means any data, information or material provided or submitted by you and Affiliates to the Services. Your Data may include End User Data and Cardholder Data, but excludes Aggregated Data.