TERMS AND CONDITIONS – Xtrim Bollywood

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ACCEPTANCE

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Fusion Beatz® LLC provides a website portal for users to register for dance fitness classes and products . Fusion Beatz provides these Services to you, subject to the following Terms & Conditions (“Terms”). The Terms tell you what you can expect from Fusion Beatz® and the Services, and what Fusion Beatz® expects of you. Fusion Beatz® may amend the Terms at any time by posting any amended Terms on our website.
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REGISTRATION OBLIGATIONS

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When purchasing an activity, program, service or product through the Fusion Beatz® website you must register for an activity through our website. When completing the purchase and registration forms, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Fusion Beatz® has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Fusion Beatz® has the right to suspend or terminate your purchase and notify the vendor regarding any registration and access to the Services or product. You are responsible for obtaining access to the Services, which access may involve third party fees (such as Internet Services provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. You will provide a password and email address as part of the registration process. You are responsible for maintaining the confidentiality of your password and email address, and are responsible for all activities that occur with your password and email address, including all purchases made by your account on the Services. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your account. You will immediately notify Fusion Beatz® of any unauthorized use of your account or any other breach of security.
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PURCHASES

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Fusion Beatz® will collect your address and credit card information if you elect to register in an event that is managed by Fusion Beatz® . When you provide credit card information to Fusion Beatz® , you represent to Fusion Beatz® that you are the authorized user of the credit card.
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REFUNDS AND CANCELLATIONS

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Once paid, all registration fees for Services and other events are non-refundable and cannot be canceled.

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PROHIBITED USES

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You agree that you will not: a. impersonate any person, including a Fusion Beatz® employee or agent on the Services; b. violate any local, state, or national law through or on the Services; c. harass people through or on the Services; d. collect or store data about other people using the Services; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; g. use the Services in any manner other than as expressly authorized in the Terms; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Services; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
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OWNERSHIP AND RESTRICTIONS

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The license granted in these Terms does not constitute a transfer or sale of Fusion Beatz® ‘s ownership rights in the information provided by Fusion Beatz® . Fusion Beatz® retains all right, title, and interest in and to the information including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of Fusion Beatz® ’s information from unauthorized use or distribution. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Services, including Fusion Beatz® ’s information, unless expressly authorized in the Terms.
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Fusion Beatz® will not sell, rent, or otherwise make your personal information available to other people or organizations without your permission, except as may be required by law, and except in conjunction with the sale or transfer of Fusion Beatz® and its assets to another business. In the event that Fusion Beatz® or substantially all of its assets are acquired, member information will be transferred.

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USER WARRANTY

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You represent and warrant to Fusion Beatz® : (a) that you have full power, authority, and legal capacity to enter into this Account and registration and follow its obligations; (b) you will provide complete and accurate information to Fusion Beatz® , including, but not limited to your email address; (c) the charges incurred by you will be honored by your credit card company.
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INDEMNITY

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You will indemnify and hold Fusion Beatz® , and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services; your registration for an activity through Fusion Beatz® ; your establishment of an account with Fusion Beatz® ; your violation of these Terms; or your violation of any rights of a third party.
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MODIFICATIONS TO SERVICES

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Fusion Beatz® reserves the right at any time to modify or discontinue, temporarily or permanently, your account or registration or any part of it with or without notice. Fusion Beatz® will not be liable to you or to any third party for any modification, suspension, or discontinuance of the account or registration.
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TERMINATION

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This includes, but is not limited to, any dispute related to or arising out of: (a) any of the Terms or Fusion Beatz® ‘s enforcement or application of the Terms; (b) any policy or practice of Fusion Beatz® , including the Privacy Policy, or Fusion Beatz® ‘s enforcement or application of these policies; (c) the data available through your account or the Services; (d) your ability to access and use the Services; or (e) the amount or type of fees, surcharges, applicable taxes, and any Fusion Beatz® billing methods. Fusion Beatz® , in its sole discretion, may terminate your account or registration without notice if Fusion Beatz® believes that you have violated or acted inconsistently with the Terms. Fusion Beatz® will not be liable to you for termination of your account or registration for the Services. Sections “Ownership and Restrictions, “Children”, “Privacy Policy”, “Indemnity”, “Modifications To Services”, “Termination, “Trademark Information, ” and ” Arbitration” will survive the termination of the Terms, your registration and your account.
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LINKS

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Fusion Beatz® through its website may provide links to third party web sites. Fusion Beatz® has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or Services available from these sites. Fusion Beatz® will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or Services available through these sites. We are also not responsible for the privacy practices or the content of these third party websites or software. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices.
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DISCLAIMER OF WARRANTIES

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Your use of the services and registrations are at your sole risk. The services and registrations are provided on an “as is” and “as available” basis. Fusion beatz® expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement related to the services. Any material or data downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damages or loss of data or email that results from your use of the website. No advice or information, whether oral or written, obtained by you from fusion beatz® or through or from the services will create any warranty not expressly stated in the terms. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
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LIMITATION OF LIABILITY

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Fusion beatz® will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if fusion beatz® has been advised of the possibility of these damages), resulting from your use of the website. Under no circumstances will fusion beatz® ‘s total liability of all kinds arising out of or related to your use of the services or website including activity registrations (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the greater of (a) the amount of fees paid by you to fusion beatz® in the 12 months prior to the action giving rise to liability, and (b) $100. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy in the terms.
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TRADEMARK INFORMATION

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Fusion Beatz® , the Fusion Beatz® logo, and other Fusion Beatz® logos, products and Services names are trademarks of Fusion Beatz® . You must not display or use them in any manner. The exception to this are the Fusion Beatz® ‘buttons’ provided for links back to the Fusion Beatz® website, which may be used on other web sites.
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THIRD PARTY SERVICES PROVIDERS

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Fusion Beatz® does not guarantee any product or service offered by a third party through Fusion Beatz® and will not in any way monitor any activity between you and the third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate and in particular, where your children are concerned. Fusion Beatz® also does not perform background screens of any kind on any third party vendors nor their employees, agents, teachers, or contractors and makes no warranties of the suitability of the activity for a child. Ultimately, each individual is responsible to do their own screening, background checks, or reference checks if they desire. In no case will Fusion Beatz® accept responsibility or liability for any experience you have as a result of using the website or registering for an activity through the web-site.
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ARBITRATION

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Any legal controversy or legal claim arising out of or relating to these Terms, any Services or any activity registration, excluding legal action taken by Fusion Beatz® to collect fees or recover damages for, or obtain an injunction relating to Fusion Beatz® ‘s intellectual property or the Services, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Fusion Beatz® may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or Fusion Beatz® pending the completion of arbitration. Should either party file an action contrary to this provision, the prevailing party may recover attorney’s fees and costs.
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GENERAL INFORMATION

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Fusion Beatz® may provide notices to you pursuant to the Terms through email, regular mail, or by displaying conspicuous notices or links to notices to you on its website. These Terms constitute the entire agreement between you and Fusion Beatz® and governs your use of the website, superseding any prior agreements between you and Fusion Beatz® . You also may be subject to additional terms and conditions that may apply when you use other Fusion Beatz® products or Services. The Terms and the relationship between you and Fusion Beatz® will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in San MateoCounty, California. The failure of Fusion Beatz® to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found to be invalid, the other provisions of the Terms will remain in full force and effect.
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We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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