Dandelight, LLC, a Delaware limitedliability company (“Dandelight,” “we,” “us,” or “our”), respects your privacy. This Privacy Policyexplains how Dandelight collects, uses, discloses, and secures PersonalInformation about you through https://www.dandelight.com, along with ourrelated websites, networks, applications, mobile applications, our electroniccommunications, including email and text messages, and other services providedby us (collectively, the “Service”). By usingthe Service, you consent to the processing of your Personal Information as setforth in this Privacy Policy, now and as amended by us.
Personal Information
In this Privacy Policy, “PersonalInformation” refers to any information about an identifiable individual and anyinformation that is linked to an identifiable individual, and may include yourimage in either photographic, digital or other form captured through theService, including streaming, online classes, or in-person classes at theDandelight studio. In some jurisdictions, business contact information and/oremployee information may be included in the definition of Personal Information.
Information We Collect
Dandelight collects PersonalInformation from and about users of the Service in a variety of ways. Thisincludes:
Information You Provide. We collect Personal Information youprovide as a Dandelight Client, or whenyou use the Service or otherwise communicate with us. If you register anaccount with us, we will collect the information you provide, such as yourname, birthday, location, billing address, credit card information, emailaddress, and phone number. We will also collect any Personal Information yousubmit through your use of the Service. For example, the information youprovide can include your comment history and any information included in yourcomments via the Service. We may also collect Personal Information through yourcommunications with our customer-support team.
Device and UsageInformation. Likemost online services, we automatically receive standard technical informationwhen you interact with our Service, which may constitute Personal Information,including browser and device information such as unique device identifiers,mobile phone carrier, internet protocol (IP) addresses (which may identify yourgeneral geographic location), browser types, and the date and time of yourinteractions. We also receive information about your interactions with our Service,such as which website pages you visited and how much time was spent on thepage.
We may collect this informationusing cookies or similar technologies. Cookies are pieces of information thatare stored by your browser on the hard drive or memory of your device. Cookiesenable us to personalize your experience on the Service, maintain a persistentsession, passively collect demographic information, and monitor advertisementsand other activities. Our Service may use different kinds of cookies and othertypes of local storage (such as browser-based or plugin-based local storage).
Employment Information. We collect Personal Information thatyou submit with a job application, including work history and other informationsubmitted on a resume. If you apply to Dandelight for a job, we will consideryour Personal Information as part of our review process and we generally retainthis information after a decision has been made, unless we are asked not toretain the information. The information submitted by successful candidates willbe retained in our employee records for future consideration in accordance withour standard practices.
How We Use Your Information
We use Personal Information in avariety of ways to provide our Service and to operate our business, includingthe following:
Service Related Usage. We use the PersonalInformation we collect about and from you for a number of purposes, including:providing and supporting the Service, analyzing how you use the Service, andbetter tailoring features. We may also track what online audio, visual, andaudiovisual content has been viewed or otherwise consumed on an aggregate basisor by an individual user. By viewing videos or listening to audio streaming viathe Service, you agree we can track your video viewing history.
Communications. We use your Personal Information tocommunicate with you for Service-related purposes. For example, we may sendemail to the email address you provide to us or text messages, to verify youraccount and for informational and operational purposes, such as accountmanagement, customer service, system maintenance, and other Service-relatedpurposes.
Improve our Service. We use the Personal Information thatwe collect (i) to understand and analyze usage trends and preferences; (ii) tomonitor and analyze the effectiveness of our Service; and (iii) to improve ourService and develop new products, services, features, and functionality.
Marketing. As permitted by applicable law, wemay use Personal Information we obtain about you, including your image or videoof you, for marketing purposes, such as providing you or others withpromotional materials that may be useful, relevant, valuable or otherwise ofinterest to you. By using the Service and agreeing to these terms andconditions and privacy policy, you consent to our use of your image or video ofyou. Where required under applicablelaw, we’ll obtain your prior opt-in consent to send you electronic marketingcommunications.
How We Share Your Information
We may share, transfer, or discloseyour Personal Information, if you consent to us doing so, which consent may beexpress or implied as required in the circumstances, as well as in thefollowing circumstances:
Service Providers. We use Momence, Inc. (“Momence")to process all payments made via the Service. Momence handles any payment card information and other information youprovide to them in accordance with their privacy policy: https://momence.com/webflow/documents/privacy-policy.pdf .
By making any payments via theService, you authorize us to provide your payment card information to Momence.We also share information with other third parties who provide services to us,such as hosting, analytics, web site management, information technology, andother similar service providers.
Content Owners. Music is an integral part of ourdigital classes, and anonymized usage information of music plays on the Serviceis shared with partnered music labels, publishers, and publishing rightsorganizations (collectively "Content Owners").
Comply with LegalRequirements. We maydisclose your Personal Information as we believe to be necessary or appropriateto: (i) comply with applicable law and legal processes; (ii) respond torequests from public and government authorities, including public andgovernment authorities outside your country of residence; (iii) enforce ourTerms of Service; (iv) protect our rights, privacy, safety, or property, and/orthat of our affiliates, you or others; and (v) allow us to pursue availableremedies or limit the damages that we may sustain.
Corporate Transactions. We reserve the right to transferyour Personal Information to service providers, advisors, potentialtransactional partners, or other third parties who are subject toconfidentiality obligations in connection with the consideration, negotiation,or completion of a corporate transaction in which we are acquired by or mergedwith another company or we sell, liquidate, or transfer all or a portion of ourassets.
Aggregate, De-IdentifiedInformation. We mayuse your Personal Information to create aggregate or statistical informationthat does not directly identify a specific person, and we may share thatinformation. For example, we may share anonymous and aggregated reports andinformation on user demographics and traffic patterns with third parties. Thisaggregated information does not constitute Personal Information or identify anyindividuals.
Information Security
We take steps in an effort to treatyour information securely and in accordance with this Privacy Policy.Unfortunately, the Internet cannot be guaranteed to be 100% secure, and wecannot ensure or warrant the security of any information you provide to us. Wedo not accept liability for unintentional disclosure.
Children’s Privacy
Minors under 18 are not permitted touse the Service and we do not intentionally collect information from minorsunder 18. If you believe we have collected any Personal Information from achild younger than 18 years of age, please notify us immediately at office@dandelight.com and we will do anything reasonably possible toremove that information from our systems.
International Users
The Service is intended for userslocated within the United States and Canada. We make no representation that theService is appropriate or available for use outside of the United States andCanada. Access to the Service from countries or territories or by individualswhere such access is illegal is prohibited. If you are visiting our websitefrom the European Union or other regions with laws governing data collectionand use, then please note that you are agreeing to the transfer of yourPersonal Information to the United States and processing globally. Accordingly,your Personal Information may be made available to law enforcement agencies inthe United States under a court order or other applicable law. By providingyour information to the website, you consent to any transfer and processing inaccordance with this Privacy Policy.
Your Choices
If you do not want the Service tocollect information through the use of cookies, your browser may allow you tobe notified when you receive certain types of cookies and restrict or disablecertain cookies. Each browser is different, so you should check your browser’s“Help” menu to learn how to change your cookie preferences. Please be awarethat if you disable or reject cookies, some features like logging in may notwork properly.
You can opt-out of receiving furtherpromotional emails and text messages from us by following the unsubscribeinstructions provided in the promotional email or text you receive or bycontacting us directly at the email address listed below.
You can opt-out of receiving furthertext messages from us by replying to any text your receive from us with “STOP”.However, we may still send you updates that are important to the Service inaccordance with applicable laws.
Access and Correction
If you have an account with Dandelightthen you may access and update certain Personal Information at any time bylogging into your account on our Service. You may also at any time, requestaccess to Personal Information that Dandelight holds about you by making arequest to our Privacy Officer at the address or email address below.
We will endeavor to process anyrequests for access to Personal Information within a reasonable period of time.Where possible, we will provide you with access to that Personal Informationeither by providing you with copies of the information requested, allowing youto inspect the information requested, or providing you with a summary of theinformation held. If we need to deny your request for access we will let youknow why and inform you how you may lodge a complaint regarding this decision.Generally, this will only be in cases where providing access would be unlawfulor is subject to a potential legal claim or proceeding. Dandelight may charge anominal fee for supplying Personal Information where permitted under applicablelaws.
We will otherwise try to ensure thatall Personal Information we collect, use or disclose about you is accurate,complete, up-to-date and relevant to the service being provided.
If you discover or suspect thatthere is an error or information is missing, please forward your request forcorrection to our Privacy Officer or other representative in your jurisdictionin writing at the relevant address or email address below. Our Privacy Officerwill consider your request and as soon as practicable manage the correction ofyour Personal Information and will update you in writing. If your correctionrequest is refused, our Privacy Officer will provide you within a reasonableperiod of time the reasons for such refusal and inform you of the complaintprocess.
Contact Us
If you have any questions orcomments about this Privacy Policy, our privacy practices or if you would liketo exercise your rights and choices, please contact our Privacy Officer at office@dandelight.com.
Privacy Policy Updates
We may update this Privacy Policyfrom time to time. If we make any changes, we will notify you by revising the“Effective Date” at the top of this Privacy Policy. If we make any revisionsthat materially change the ways in which we use or share Personal Informationpreviously collected from you through the Service, we will give you theopportunity to consent to such changes before applying them to thatinformation.
TERMS OF USE
Welcome,and thank you for your interest in Dandelight Studio LLC. These terms ofservice (“Terms”) establish the terms and conditions that apply to you when youuse the Service (as defined below).
By installing, copying, or otherwise using the Service or itssoftware, you acknowledge that you have read and understood this Agreement, andagree to be bound by its terms and conditions, as well as all applicable lawsand regulations. If you do not agree to (or cannot comply with) the terms andconditions of this Agreement, do not install, copy, or use the Service,software or any music, images, video, text, or other material available throughthe Service (“Content”).
THESETERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY DandelightSTUDIO, LLC (“Dandelight,” “WE, “OUR,” OR “US”) AT ANY TIME; PROVIDED THAT WEWILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOURCONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THATYOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESETERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESETERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
ASFURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CAREPRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS ISPARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSUREOR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BETAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USEOF THE SERVICE IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 ORAPPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
ASFURTHER DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON ANINDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS,AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOUCAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING OFFICE@DANDELIGHT.COMWITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDEYOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
1. Use of the Service
a.The “Service” includes Dandelight'swebsite located at www.dandelight.com , as it may be updated,relocated, or otherwise modified from time to time, including through networks,embeddable widgets, downloadable software, and tablet computer applications,and all intellectual property contained therein, together with all services andclasses offered by Dandelight either streaming or through in-person classes atDandelight’s studio. The Service provides a platform which may, from time totime, enable users to schedule classes, access and watch live and on-demandfitness classes with streamed music ("Content") on their personalcomputer or mobile device and to purchase certain related merchandise(“Merchandise”) or in-studio classes ("Studio Classes"), andcommunicate with Dandelight or its instructors. Any person who attend StudioClasses, or accesses and/or uses the Service, whether on his or her own behalfor on behalf of any third party, will be referred to herein as a “DandelightClient”.
b.Subject to the terms and conditions of these Terms, Dandelight hereby grantsyou a limited revocable, non-exclusive, non-transferable license to access anduse the Service, solely in the manner intended by Dandelight. You represent,warrant and agree that you are using the Service hereunder for your ownpersonal, noncommercial entertainment use and not for redistribution ortransfer of any kind. You agree not to redistribute, broadcast, publiclyperform or publicly display any Content, or otherwise transfer any Contentobtained through the Service. Dandelight reserves the right at all times andwithout notice to: (i) restrict and/or terminate your access to the Service (orany portion thereof); and (ii) modify or discontinue providing the Service (orany portion thereof). Dandelight and/or the owners of the Content may, fromtime to time, remove Content from the Service without notice.
c.Dandelight's policy with respect to the collection and use of your personallyidentifiable information is set in our Privacy Policy. By accepting theseTerms, you acknowledge your agreement with Dandelight's Privacy Policy andagreement to be subject to the terms of our Privacy Policy.
d.THE SERVICE INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALSAND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICEARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIESOF ANY KIND FROM SERVICE PROVIDER OR ANY OWNERS OF CONTENT. TO THE FULL EXTENTPERMISSIBLE BY APPLICABLE LAW, SERVICE PROVIDER AND ALL OWNERS OF CONTENTDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.NEITHER Dandelight NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OR ANYSOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISEMADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS.
2. Registration, Accounts, Passwords and Security
a.Dandelight Client. In order to become a Dandelight Client, you must completethe registration process by providing Dandelight with current, complete andaccurate information, as prompted by the applicable create account form.
b.Accuracy of Information. You acknowledge that in the event you provide anyinformation to Dandelight which is untrue, inaccurate, not current orincomplete, Dandelight may terminate these Terms and your continued access anduse of the Service.
c.Eligibility. You represent and warrant that you are at least 18 years of age,that you have not been previously suspended or removed from the Service, youreside in the United States or Canada and that you possess the legal right andability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS UNDER THE AGEOF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Dandelight.IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE ATANY TIME OR IN ANY MANNER.
d.Credentials. As part of the registration process, you may be asked to select ausername and password. You are entirely responsible for maintaining thesecurity and confidentiality of your account and password. You agree to notify Dandelightimmediately of any unauthorized use of your account or any other breach ofsecurity. To notify us, contact us at office@dandelight.com. You are responsible for alluse of the Service occurring under your user name. You are responsible forkeeping your password confidential and for notifying us if your password hasbeen hacked or stolen. Dandelight will not be liable for any loss that you mayincur as a result of someone else using your password or account, either withor without your knowledge. You may be held liable for any losses incurred by Dandelightor another party due to someone else using your account or password.
3. Your Responsibilities
Youmay use the Service solely for lawful purposes, as intended through theprovided functionality of the Service. You agree not to make any use of theContent that would infringe the copyright therein. You may not use the Servicein any manner that could damage, disable, overburden, or impair our servers ornetworks, or interfere with any other party’s use and enjoyment of the Service.You may not attempt to gain unauthorized access to the Service, user accounts,or computer systems or networks, through hacking, password mining or any othermeans. You agree to abideby the rules and policies established from time to time by Dandelight. Suchrules and policies will be applied generally in a nondiscriminatory manner tousers of the Service and software, and may include, for example, required orautomated updates, modifications, and/or reinstallations of the software andobtaining available patches to address security, interoperability, and/orperformance issues. Without limiting any of the foregoing, you expressly agreethat you will not (and you agree not to allow or assist any third party to:
a.use, copy, install, transfer or distribute the Service, except as specificallypermitted by these Terms;
b.modify, adapt, translate, reverse engineer, decompile, disassemble, orotherwise tamper with any security components, usage rules, or other protectionmeasures applicable to any portion of the Service or its Content (as definedbelow);
c.remove or alter any copyright, trademark or other proprietary rights noticescontained in or on the Service or in or on any content or other materialobtained through the Service or the use of the Service;
d.create user accounts by automated means or under false or fraudulent pretenses;
e.use any robot, spider, screen or database scraper, site search or retrievalapplication, or other automated device, process or means to access, retrieve orindex any portion of the Service;
f.probe, scan or test the vulnerability of any system or network or breach anysecurity or authentication measures;
g.reformat, mirror, or frame any portion of the web pages that are part of theService;
h.express or imply that any statements you make are endorsed by us, without ourprior written consent in each instance;
i.transmit (i) any content or information that is unlawful, fraudulent,threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,or infringes on our or any third party’s intellectual property or other rights,(ii) any material, non-public information about individuals or companieswithout the authorization to do so, (iii) any trade secret of any third party,and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes,investment opportunities, or other unsolicited commercial communication (exceptas otherwise expressly permitted by us), or engage in spamming or flooding;
j.transmit any software or other materials that contain any virus, worm, timebomb, Trojan horse, or other harmful or disruptive component; use any robot,spider, site search/retrieval application, or other manual or automatic deviceor process to retrieve, index, “data mine”, or in any way reproduce orcircumvent the navigational structure or presentation of the Service or itscontents;
k.harvest or collect information about other users without their prior writtenconsent;
l.undertake, cause, permit or authorize the translation, reverse engineering,disassembling or hacking of any aspect of the Service, including Content, orattempt to do any of the foregoing, except and solely to the extent permittedby these Terms, the Service’s authorized features, or by law, or otherwiseattempt to use or access any portion of the Service other than as intended by Dandelight;
m.access, tamper with, or use non-public areas of the Service, Dandelight's (andits hosting company’s) computer systems and infrastructure, or the technicaldelivery systems of Dandelight's providers;
n.harass, abuse, harm or advocate or incite harassment, abuse or harm of anotherperson or group, including Dandelight employees and other users;
o.create a new account with Dandelight, without Dandelight's express writtenconsent, if Dandelight previously disabled an account of yours;
p.solicit, or attempt to solicit, personal information from other users, exceptas permitted through the Service’s functionality;
q.restrict, discourage or inhibit any person from using the Service, disclosepersonal information about a third person on the Service or obtained from theService without the consent of such person, or collect information about users;
r.gain unauthorized access to the Service, to other users’ accounts, names orpersonally identifiable information, or to other computers or websitesconnected or linked to the Service;
s.violate any applicable federal, state or local laws (including laws requiringthe consent of subjects of audio and video recordings), regulations or theseTerms;
t.use the Service for any illegal, inappropriate and/or unauthorized conduct,including without limitation, using the Service to contact other DandelightUsers for sexual or other inappropriate purposes, or using the Service inviolation of Dandelight's or any third party’s intellectual property or otherproprietary or legal rights; or
u.use or access the Service to build a competing service. We may take any legalaction and implement any technical remedies to prevent the violation of theseprovisions and to enforce these Terms.
Youare responsible for compliance will all recording laws.
4. Payment Terms and Order Processing
a.Access to the Service, or to certain features of the Service, may require youto pay fees, and may provide you the option to activate recurring automaticpayments for those fees. Before you pay any fees, including before activatingor updating any recurring payments, you will have an opportunity to review thefees that you will be charged before you accept them. If you activate or updaterecurring payments through the Service, you authorize Dandelight toperiodically charge, on a going-forward basis and until cancellation, allaccrued sums on or before the payment due date for the accrued sums. You cancancel recurring charges by following the instructions in your accountsettings. It may take up to 7 business days for the update or cancellation totake effect.
b.All fees are in USD and are non-refundable. Dandelight may change the fees forthe Service or any feature of the Service, including by adding fees, on agoing-forward basis at any time. If Dandelight changes the fees for theService, including by adding additional fees or charges, you will be providedadvance notice of those changes and the opportunity to accept the changes. Ifyou do not accept the changes, Dandelight may discontinue providing the Serviceto you.
c.Dandelight will charge the payment method you specify at the time of purchase.You authorize Dandelight to charge all sums as described in these Terms, forthe Service you select, to that payment method and you agree to keep yourpayment information valid and up to date. If you pay any fees with a creditcard, Dandelight may seek pre-authorization of your credit card account priorto your purchase to verify that the credit card is valid and has the necessaryfunds or credit available to cover your purchase. Dandelight uses Momence to processall fees and payments made via the Service. Momence handles any information youprovide to them in accordance with their privacy policy. By providing yourpayment information to sign up for the Service, you consent to Dandelightproviding relevant information to Momence in order to provide the Service toyou and acknowledge that you have read and agree to the terms of Momence'sprivacy policy.
5. Consent to Electronic Communications
a.By using the Service or providing Personal Information (as defined in thePrivacy Policy) to us, you agree that we may communicate with youelectronically regarding security, privacy, and administrative issues relatingto your use of the Service. If we learn of a security system’s breach, we mayattempt to notify you electronically by posting a notice on the Service orsending an email to you, if we have your email address. You may have a legalright to receive this notice in writing. To receive free written notice of asecurity breach (or to withdraw your consent from receiving electronic notice),please write to us at office@dandelight.com.
b.If you wish to remove yourself from any list (other than as set forth inSection 5.a), please click the Unsubscribe button at the bottom of any email.
c.Depending on your current carrier plan, you may incur charges for theseMessages and Notifications and agree to not hold Dandelight liable for anycharges incurred. You acknowledge that any terms between you and anythird-party provider (such as, for example, Apple®, Android™, or Verizon)create no obligation or responsibility on the part of Dandelight, and that Dandelightis not responsible for any failure of warranty by any such third party.
d.Dandelight cannot control certain factors relating to message delivery. Youacknowledge that, depending on your mobile carrier’s service, it may not bepossible to transmit a text message to you successfully. We have no liabilityfor transmission delays or message failures.
6. Content Submitted to the Service
a.By sending or transmitting to us information, opinions, reviews, creativesuggestions, ideas, notes, concepts, or other materials (collectively,“Materials”), or by posting such Materials to any area of the Service, yougrant Dandelight and its designees a worldwide, non-exclusive, sublicenseable(through multiple tiers), assignable, royalty-free, perpetual, irrevocableright to use, reproduce, distribute (through multiple tiers), create derivativeworks of, publicly perform, publicly display, digitally perform, make, havemade, sell, offer for sale and import such Materials in any media now known orhereafter developed to enhance and develop the Service, including by marketingand advertising the Service, without compensation to you; provided that we willnever use your name in connection with any of your Materials that we use in ourown advertising and marketing materials without obtaining your prior consent.None of the Materials will be subject to any obligation, whether of confidentiality,attribution, or otherwise, on our part and we will not be liable for any use ordisclosure of any Materials. Dandelight may remove or alter any Materials atany time for any reason. We neither endorse nor are responsible for anyopinion, advice, information, or statement made or displayed on the Service byany user. We are not responsible for any errors or omissions in articles orpostings, for hyperlinks embedded in messages, or for any results obtained fromthe use of such information. Under no circumstances will Dandelight and/or itsaffiliates, suppliers, or agents be liable for any loss or damage caused byyour reliance on such information obtained through the Service. We cannot anddo not take responsibility for the veracity, reliability, or completeness ofany opinion, advice, information, or statement available on the Service.
b.The opinions expressed on the Service by users reflect solely the opinions ofthe users who post thereon and do not reflect the opinions of Dandelight. Youacknowledge and agree that we have the right (but not the obligation) tomonitor the Service and Materials; to alter or remove any Materials; and todisclose Materials and the circumstances surrounding their transmission to anythird party in order to operate the Service properly; to protect ourselves, oursponsors, and our members and visitors; and to comply with legal obligations orgovernmental requests. If you believe a message violates our member policies,please contact Dandelight immediately at office@dandelight.com so that we can consider itsediting or removal.
c.You are solely responsible for your Materials and the consequences of postingthem on the Service. By posting Materials, you represent, warrant, and covenantthat: (i) you are the creator and owner of the Materials or otherwise havesufficient rights and authority to grant the rights granted herein; (ii) yourMaterials do not and will not (A) infringe, violate, or misappropriate any third-partyright, including any copyright, trademark, patent, trade secret, moral right,privacy right, right of publicity, or any other intellectual property orproprietary right or (B) slander, defame, or libel any other person; (iii) yourMaterials do not contain any viruses, adware, spyware, worms, or other harmfulor malicious code or (iv) unless you have received prior written authorization,your Materials specifically do not contain any confidential information of anythird party. We reserve all rights and remedies against any users who breachthese representations and warranties.
7. Contests
Dandelightmay provide contests on the Service. The rules, regulations, and proceduresgoverning such contests (“Contest Rules”) will be accessible through a hypertextlink displayed on the web page where the contest or game may be located. Byentering or participating in any of our contests or games, you agree to besubject to those rules, regulations and procedures as well as the terms andconditions of these Terms. In the event of a conflict between any Contest Rulesand these Terms, the applicable Contest Rules will govern.
8. Term and Termination
a.Term. The term of these Terms (the “Term”) will commence on the date on whichyou first access or utilize the Service in any way (the “Effective Date”) andwill continue so long as you continue to access or utilize the Service;provided that Dandelight reserves the right to take whatever lawful actions itmay deem appropriate in response to actual or suspected violations of theseTerms including, without limitation, the suspension or termination of theuser’s access and/or account, or blocking the user from access to the Service. Dandelightmay cooperate with legal authorities and/or third parties in the investigationof any suspected or alleged crime or civil wrong. Except as may be expresslylimited by the Privacy Policy, Dandelight reserves the right at all times todisclose any information as Dandelight deems necessary to satisfy anyapplicable law, regulation, legal process or governmental request, or to edit,refuse to post or to remove any information or materials, in whole or in part,in Dandelight's sole discretion.
b.Effect of Termination. The following Sections of these Terms will survivetermination or expiration of the Agreement: 1.c, 2.c, 3, 5.e, 6, 8.b, 9, 10 –16, 18 – 27. Payments by you, which accrue or are due before termination ofyour membership, will continue to be payable by you, and amounts owed to Dandelightat the time of such termination or expiration will continue to be owed by you,after such expiration or termination.
9. Ownership
a.The Service and any related software may enable you to obtain, listen to, view,and/or read (as the case may be) Content that may be obtained by you in digitalform, and you shall do so solely for your personal, noncommercial entertainmentuse. This Content may be owned by Dandelight or by third parties. However, inall circumstances, you understand and acknowledge that your rights with respectto Content will be limited by copyright law. You agree that you will notattempt to modify any software or Content obtained through the Service for anyreason whatsoever, including for the purpose of disguising or changing anyindications of the ownership or source of the Content.
b.Proprietary Information. You acknowledge and agree that: (i) the Service,including, without limitation, any articles, photos, videos, recordings orother content (“Content”), modifications, enhancements and updates, and anyoriginals and copies thereof, in whole or in part, and all intellectualproperty rights therein (collectively, “Proprietary Information”), is owned by Dandelightand its licensors, as applicable; (ii) the Proprietary Information containsvaluable copyrighted and proprietary material of Dandelight; (iii) theProprietary Information is licensed, rather than sold, to you pursuant to theseTerms; and (iv) you have no rights in the Proprietary Information, other thanthe rights and licenses specifically granted to you pursuant to these Terms.
c.Trademarks. You acknowledge that Dandelight has acquired, and is the owner of,trademark rights in the name and word mark “Dandelight” and in the other marksand design marks displayed on the Service. You acknowledge that this name andthese marks are famous and internationally known. You will not, at any time orfor any reason, challenge the validity of, or Dandelight's ownership of, theforegoing name and marks, and you waive any rights you may have at any time todo so. All use of the foregoing name and marks by you will inure exclusively tothe benefit of Dandelight. All marks shown on the Service but not owned by Dandelightare the property of their respective owners.
The Service and itsoriginal content (excluding Content provided by you or other users), featuresand functionality are and will remain the exclusive property of the Company andits licensors. The Service is protectedby copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with anyproduct or service without our prior written consent.
10. Digital Fitness Class Participation Waiver
a.You acknowledge that participation in fitness classes via the Service involvesstrength, flexibility, aerobic, cardio and other exercises, including the useof equipment, all of which can be potentially hazardous activities. You acceptfull responsibility over the location where you engage in fitness classes viathe Service, you acknowledge that Dandelight has no control over the locationthat you choose, and that the location of participation in fitness activitiesinvolves additional risks, including, but not limited to, those caused byterrain, facilities, temperature, weather, environment, vehicular traffic, lackof hydration and actions of other people.
b.In becoming an Dandelight Client with the intent of using the Service, youaffirm that either (i) all of the following statements are true: (A) nophysician has ever informed you that you have a heart condition or that youshould only do physical activities recommended by a physician; (B) you havenever felt chest pain when engaging in physical activity; (C) you have notexperienced chest pain when not engaged in physical activity at any time withinthe past month; (D) you have never lost your balance because of dizziness andyou have never lost consciousness; (E) you do not have a bone or joint problemthat could be made worse by a change in your physical activity; (F) yourphysician is not currently prescribing drugs for your blood pressure or heartcondition; (G) you do not have a history of high blood pressure, and no one inyour immediate family has a history of high blood pressure or heart problems;and (H) you do not know of any other reason you should not exercise; or (ii)your physician has specifically approved of your use of the Service. Ifapplicable, you further affirm that (i) you are not pregnant, breastfeeding orlactating; or (ii) your physician has specifically approved your use of theService. Dandelight reserves the right to refuse or cancel your subscription ifwe determine that you have certain medical conditions or that therepresentations set forth above are untrue in any respect.
c.By using the Service, you: (i) acknowledge and agree that you are voluntarilyparticipating in fitness classes provided via the Service; (ii) hereby assumeand accept any and all risks of injury, physical harm, or death; (iii)acknowledge and represent that you are physically sound and do not suffer fromany illness, impairment, disease or other condition that would prevent you fromparticipating in the fitness classes, performing any exercises, or using anyequipment; and (iv) knowingly and voluntarily, on behalf of yourself and yourheirs and assigns, forever waive, release, discharge and hold harmless Dandelightand its subsidiaries and affiliates, and each of their respective officers,directors, employees, agents, representatives, and each of their respectivesuccessors and assigns, individually and collectively, from any and allliability, damages, losses, suits, demands, causes of action (including,without limitation, negligence) or other claims of any nature whatsoever,including, without limitation, any losses for property damage, personal injury,or death, arising out of or relating in any way to your participation in thefitness classes provided via the Service.
11. Professional Advice and Medical Disclaimer
a.THE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FORINFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOURPHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THISINFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICALADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUTYOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CAREPROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTHRELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAYHAVE READ OR HEARD ON THE SERVICE. DO NOT USE THE SERVICE IF YOUR PHYSICIAN ORHEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS,DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULDSTOP IMMEDIATELY.
b.NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDEDTO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELINGINCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, ORPROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND DANDELIGHT MAKES NO WARRANTYOF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS ORAPPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD,DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONALINFORMATION THAT APPEARS ON THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THEADVICE CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS ORDEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATIONPROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
12. Disclaimer of Warranties
a.TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OFTHE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/ORMOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THATINFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILENETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION ANDMODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, Dandelight DISCLAIMS ANYAND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLEQUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OFINFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF Dandelight, ITS AFFILIATES ORSERVICE PROVIDERS, DANDELIGHT 'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVEAFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS(COLLECTIVELY, THE “Dandelight PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, ORTIMELINESS OF THE SERVICE. Dandelight CANNOT AND DOES NOT ASSUME ANYRESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OFANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OFANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLYAGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVECONTENT IS AT YOUR SOLE RISK.
b.You acknowledge that any information you obtain from another Dandelight Clientcomes from those individuals, and not from Dandelight, and that Dandelight, tothe fullest extent permitted by law, is not in any way responsible for any ofthe information these third parties may supply or for any statements, claims,or representations they may make. To the fullest extent permitted by law, Dandelightdisclaims any such statements, claims, or representations and the same do notexpand or otherwise modify the terms of these Terms. If you are dissatisfiedwith the Service, your sole and exclusive remedy is to discontinue accessingand using the Service.
13. Limitation of Liability
a.TO THE FULLEST EXTENT PERMITTED BY LAW, EACH DANDELIGHT CLIENT IS SOLELYRESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGESINCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THESERVICE. THE AGGREGATE LIABILITY OF THE DANDELIGHT PARTIES FOR ANY DAMAGES,WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUALDAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO DANDELIGHT FOR THESERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHINGTO THE CONTRARY SET FORTH HEREIN, NONE OF THE Dandelight PARTIES WILL BE LIABLEFOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF DandelightOR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b.TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE DANDELIGHT PARTIES WILLHAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KINDINCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF OTHER DANDELIGHTCLIENT PURSUANT TO THE SERVICE AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMSHEREUNDER SHALL BE LIMITED TO THE AMOUNT YOU PAID TO DANDELIGHT FOR USE OF THESERVICE OR ANY SERVICES PROVIDED BY DANDELIGHT.
c.YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OFUSING THE SERVICE AND THE POSSIBLE RISKS INVOLVED IN USING THE SERVICE. YOUAGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELYTO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
d.NEITHER SERVICE PROVIDER NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANYINCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROMTHE USE OF THE SERVICE OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS ORPRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, ORFOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENTGIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
TheService is provided to You "AS IS" and "AS AVAILABLE" andwith all faults and defects without warranty of any kind. To the maximum extentpermitted under applicable law, the Company, on its own behalf and on behalf ofits Affiliates and its and their respective licensors and service providers,expressly disclaims all warranties, whether express, implied, statutory orotherwise, with respect to the Service, including all implied warranties ofmerchantability, fitness for a particular purpose, title and non-infringement,and warranties that may arise out of course of dealing, course of performance,usage or trade practice. Without limitation to the foregoing, the Companyprovides no warranty or undertaking, and makes no representation of any kindthat the Service will meet Your requirements, achieve any intended results, becompatible or work with any other software, applications, systems or services,operate without interruption, meet any performance or reliability standards orbe error free or that any errors or defects can or will be corrected.
Withoutlimiting the foregoing, neither the Company nor any of the company's providermakes any representation or warranty of any kind, express or implied: (i) as tothe operation or availability of the Service, or the information, content, andmaterials or products included thereon; (ii) that the Service will beuninterrupted or error-free; (iii) as to the accuracy, reliability, or currencyof any information or content provided through the Service; or (iv) that theService, its servers, the content, or e-mails sent from or on behalf of theCompany are free of viruses, scripts, trojan horses, worms, malware, timebombsor other harmful components.
14. Third Party Disputes
DandelightIS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE,AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTYSERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING,WITHOUT LIMITATION, ANY OTHER Dandelight CLIENT OR YOUR EMPLOYER, IS DIRECTLYBETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE Dandelight (ANDOUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES)FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OFEVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAYCONNECTED WITH SUCH DISPUTES.
15. Force Majeure
Dandelightwill not be liable for any delay or failure to perform any obligation herein ifthe delay or failure is due to unforeseen events that are beyond Dandelight'sreasonable control, such as strikes, blockade, war, terrorism, riots, naturaldisasters, epidemic or governmental action, in so far as such an event preventsor delays Dandelight in fulfilling its obligations hereunder.
16. Indemnification and Release
a.To the fullest extent permitted by law, you will defend, indemnify and hold Dandelight,its licensors and each such party’s parent organizations, subsidiaries,affiliates, officers, directors, members, employees, attorneys and agents,harmless against any loss or damage of any kind (including, without limitation,attorneys’ fees and lost revenues) arising from: (i) any and all breaches byyou of these Terms or any representation, warranty or covenant containedherein; (ii) any and all use of the Service not specifically authorizedhereunder and on the Service; and (iii) any and all claims and actions against Dandelightby other parties to whom you allow access to the Service.
b.To the fullest extent permitted by law, you further waive, release and foreverdischarge the Dandelight Parties from any and all responsibility or liabilityfor injuries or damages resulting from your Massages or any other serviceobtained through the use of the Service, including injuries or damages causedby the negligent act or omission of the Released Parties or in any way arisingout of or connected with the Service.
c.We reserve the right, at our own expense, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you, and in suchcase, you agree to cooperate with our defense of such claim. You will not, inany event, settle any claim or matter without our written consent.
17. Additional Service Features
TheService may contain information on products and services provided by thirdparties, and links (including advertisements) to third party web sites. Thisinformation and these products, services, and links are provided only as aconvenience to Dandelight Clients. Dandelight does not review or control thisinformation or these products, services, or other web sites, and Dandelightdoes not make any representations or warranties, express or implied, regardingthis information or these products, services, or web sites. Inclusion of any ofthe foregoing in the Service does not constitute or imply an endorsement,authorization, sponsorship, or affiliation by or with Dandelight with respectto any third party or its web site or content, or any information, products, orservices provided by that third party. Dandelight is under no obligation tomaintain any link on the Service and may remove a link at any time in its solediscretion for any reason whatsoever. Westrongly advise you to read the terms and conditions of any third-partywebsites that you visit.
18. Dispute Resolution
Generally.In the interest of resolving disputes between you and Dandelight in the mostexpedient and cost effective manner, you and Dandelight agree that any disputearising out of or in any way related to these Terms or your use of the Servicewill be resolved by binding arbitration. Arbitration uses a neutral arbitratorinstead of a judge or jury and can be subject to very limited review by courts.Arbitrators can award the same damages and relief that a court can award. Thisagreement to arbitrate disputes includes all claims arising out of or in anyway related to these Terms or your use of the Service, whether based incontract, tort, statute, fraud, misrepresentation, or any other legal theory,and regardless of whether a claim arises during or after the termination ofthese Terms. YOU UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE PROHIBITED BYAPPLICABLE LAW IN YOUR JURISDICTION, BY ENTERING INTO THESE TERMS, YOU AND DandelightARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ORCOLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMSWILL APPLY TO YOU AND Dandelight UNLESS YOU CHOOSE TO OPT OUT PURSUANT TOSECTION 18.i BELOW.
Whetherto agree to arbitration is an important business decision. It is your decisionto make, and you should not rely solely on the information provided in theseTerms as it is not intended to contain a complete explanation of theconsequences of arbitration. You should take further steps to conduct researchand to consult with others, including, but not limited to, an attorney,regarding the consequences of your decision, just as you would when making anyother important business or life decision.
a. Exceptions. Despite the provisions of the Section entitled“Generally” directly above, nothing in these Terms will be deemed to waive,preclude, or otherwise limit the right of either party to: (i) bring anindividual action in small claims court; (ii) seek injunctive relief in a courtof law; or (iii) to file suit in a court of law to address an intellectualproperty infringement claim.
b. Arbitrator. Any arbitration between you and Dandelight will begoverned by the Federal Arbitration Act, and governed by the Commercial DisputeResolution Procedures and the Supplementary Procedures for Consumer RelatedDisputes (collectively, “AAA Rules”) of the American Arbitration Association(“AAA”), as modified by these Terms, and will be administered by the AAA. TheAAA Rules and filing forms are available online at www.adr.org, by calling theAAA at 1-800-778-7879, or by contacting Dandelight. The arbitrator hasexclusive authority to resolve any dispute relating to the interpretation,applicability, or enforceability of this binding arbitration agreement.
c. Notice; Process. A party who intends to seekarbitration must first send a written notice of the dispute to the other partyby U.S. Mail or electronic mail within the applicable statute of limitationsperiod (“Notice”). Dandelight'saddress for Notice is: 324 NE 3rd Avenue, Delray Beach, Florida33433. The Notice must: (a) describe the nature and basis of the claim ordispute; and (b) set forth the specific relief sought (“Demand”). The parties willmake good faith efforts to resolve the claim directly, but if the parties donot reach an agreement to do so within 30 days after the Notice is received,you or Dandelight may commence an arbitration proceeding. During thearbitration, the amount of any settlement offer made by you or Dandelight mustnot be disclosed to the arbitrator until after the arbitrator makes a finaldecision and award, if any. If the dispute is finally resolved througharbitration in your favor, Dandelight will pay you the highest of thefollowing: (i) the amount awarded by the arbitrator, if any; (ii) the lastwritten settlement amount offered by Dandelight in settlement of the disputeprior to the arbitrator’s award; or (iii) $1,000.
d. Fees. Ifyou commence arbitration in accordance with these Terms, Dandelight willreimburse you for your payment of the filing fee, unless your claim is for morethan $15,000 or as set forth below, in which case the payment of any fees willbe decided by the AAA Rules. Any arbitration hearing will take place at alocation to be agreed upon in Delray Beach, Florida, but if the claim is for$15,000 or less, you may choose whether the arbitration will be conducted: (i)solely on the basis of documents submitted to the arbitrator; (ii) through anon-appearance based telephone hearing; or (iii) by an in-person hearing asestablished by the AAA Rules in the county (or parish) of your billing address.If the arbitrator finds that either the substance of your claim or the reliefsought in the Demand is frivolous or brought for an improper purpose (asmeasured by the standards set forth in Federal Rule of Civil Procedure 11(b)),then the payment of all fees will be governed by the AAA Rules. In that case,you agree to reimburse Dandelight for all monies previously disbursed by itthat are otherwise your obligation to pay under the AAA Rules. Regardless ofthe manner in which the arbitration is conducted, the arbitrator must issue areasoned written decision sufficient to explain the essential findings andconclusions on which the decision and award, if any, are based. The arbitratormay make rulings and resolve disputes as to the payment and reimbursement offees or expenses at any time during the proceeding and upon request from eitherparty made within 14 days of the arbitrator’s ruling on the merits.
e. No Class Actions. UNLESS OTHERWISE PROHIBITED BYAPPLICABLE LAW IN YOUR JURISDICTION, YOU AND DANDELIGHT AGREE THAT EACH MAYBRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both you and Dandelight agree otherwise, the arbitrator may notconsolidate more than one person’s claims, and may not otherwise preside overany form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. If Dandelight makes anyfuture change to this arbitration provision, other than a change to Dandelight'saddress for Notice, you may reject the change by sending us written noticewithin 30 days of the change to Dandelight's address for Notice, in which casethis arbitration provision, as in effect immediately prior to the changes yourejected, will continue to govern any disputes between you and Dandelight. Ifyou do not send such written notice, your continued use of the Servicefollowing any such change means that you have consented to such change.
g. Enforceability. If the Section entitled “No ClassActions” is found to be unenforceable or if the entirety of this Section 18 isfound to be unenforceable, then the entirety of this Section 18 will be nulland void and, in that case, the parties agree that the exclusive jurisdictionand venue described directly in Section 20 below will govern any action arisingout of or related to these Terms or your use of the Service.
h. Opt Out. Arbitration is not a mandatory condition of these Terms.If you do not want to be subject to this Dispute Resolution provision, you mayopt out of this Dispute Resolution provision by notifying Dandelight in writingof your decision by sending, within 30 days of the date you receive theseTerms, an electronic message to office@dandelight.com, stating clearly your full nameand intent to opt out of the Dispute Resolution provision. Should you choosenot to opt out of this Dispute Resolution provision within the 30-day period,you and Dandelight will be bound by the terms of this Dispute Resolutionprovision. You have the right to consult with counsel of your choice concerningthis Dispute Resolution provision. You understand that you will not be subjectto retaliation if you exercise your right to opt out of coverage under thisDispute Resolution provision.
19. Protected Activity Not Prohibited
Youshould understand that, insofar as permitted by applicable law, nothing inthese Terms will in any way limit or prohibit you from filing a charge orcomplaint with, or otherwise communicating or cooperating with or participatingin any investigation or proceeding (“Protected Activity”) that may be conductedby any federal, state or local government agency or commission (“GovernmentAgencies”). You understand that in connection with such Protected Activity, youare permitted to disclose documents or other information as permitted by law,and without giving notice to, or receiving authorization from, Dandelight.Notwithstanding, in making any such disclosures or communications, you agree totake all reasonable precautions to prevent any unauthorized use or disclosureof any information that may constitute Dandelight confidential information toany parties other than the Government Agencies.
20. Governing Law; Choice of Forum
Thelaws of the State of Florida, excluding its conflicts of law rules, govern theseTerms and your use of the Service. Your use of the Service may also be subjectto other local, state, national, or international laws; provided, however, thatthe United Nations Convention on Contracts for the International Sale of Goodswill not apply to any provision of these Terms. To the extent that any actionrelating to any dispute hereunder is permitted to be brought in a court of law,such action will be subject to the exclusive jurisdiction of the state andfederal courts located in Palm Beach County, Florida and you hereby irrevocablysubmit to personal jurisdiction in such courts, and waive any defense ofinconvenient forum.
21. Feedback
IfYou provide any feedback to Dandelight concerning the functionality andperformance of the Service (including identifying potential errors andimprovements), You hereby assign to Dandelight all right, title, and interestin and to such feedback, and Dandelight is free to use such feedback withoutpayment or restriction.
22. Entire Agreement; Variation
TheseTerms set forth the entire agreement between Dandelight and you with respect tothe Service. These Terms supersede and govern all previous oral and writtencommunications regarding these matters, all of which are merged into theseTerms. No usage of trade or other regular practice or method of dealing betweenthe parties will be used to modify, interpret, supplement, or alter theseTerms. These Terms may be changed only by a written agreement signed by anauthorized agent of the party against whom enforcement is sought. The owners of Content are intendedbeneficiaries of this Agreement and shall have the right to enforce thisAgreement against you.
23. Severability
Ifany provision of these Terms is held invalid, illegal or unenforceable, suchprovisions will be modified, or if not possible, severed, to reflect thefullest valid, legal and enforceable expression of the intent of the partiesand the remainder of these Terms will not be affected thereby.
24. Relationship of Parties
Nothingherein will be deemed to create an employer-employee relationship between Dandelightand you, nor any agency, joint venture or partnership relationship between theparties. Neither party will have the right to bind the other to any obligation,nor have the right to incur any liability on behalf of the other.
25. Waiver
Nodelay, omission, or failure to exercise any right or remedy provided hereinwill be deemed to be a waiver thereof or an acquiescence in the event givingrise to such right or remedy, but every such right or remedy may be exercised,from time to time as may be deemed expedient by the party exercising suchremedy or right.
26. Assignment
Neitherthese Terms nor any of the rights granted to you herein may be assigned ortransferred by you, whether voluntarily or by operation of law, without theexpress prior written permission of Dandelight and any attempt to do so will benull and void. However, Dandelight may assign or transfer these Terms at anytime without your permission.
27. Third-Party Beneficiaries
Theprovisions of these Terms relating to the rights of Dandelight contentproviders are intended for the benefit of such content providers, and suchcontent providers, as third-party beneficiaries, will be entitled to enforcesuch provisions in accordance with their terms, irrespective of the fact thatthey are not signatories to these Terms.