Privacy Policy

Effective Date:  September 20, 2022

At The Dance Process, we take your privacy seriously.  This privacy policy ( “Privacy Policy” ) describes how The Dance Process (“The Dance Process”, “we”, “us” or “our” ) handle Personal Information when you (i) use our websites and other digital properties that include a link to this Privacy Policy (collectively, the “Site” ), (ii) use our mobile application (the “App”), (iii) participate in our events, activities or contests, (iv) receive our emails and marketing communications, or (v) engage with us on our social networks (collectively with the Site and the App, the “Services” ).

By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of the Services is, at all times, subject to our Terms of Use, which incorporate this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use.

This Privacy Policy covers how we treat Personal Information that we gather when you access or use our Services. “Personal Information,” as used in this Privacy Policy, means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Information We Collect

Personal information that we collect and have collected over the past 12 months includes:

  • Personal Information. Any factual or subjective information about an identifiable individual, which may include, but not be limited to, first name, last name and email address, as well as profile information that you choose to provide for your profile, such as your username, password, preferences, and other information you provide for your profile. We will collect this personal information with your express consent or as otherwise permitted by applicable law. This information is necessary to enable us to provide you the account you have requested and to maintain the account and your profile. You may update your account information by editing the information associated with your account. CCPA (as defined below) Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Categories Described in the Customer Records Statute, Commercial Information.

  •  Communications. Information you provide when you contact us with questions, feedback, or otherwise correspond with us online. We may decide to use on-line forum and community content to enhance our editorial, advertising, promotional and similar activities, conduct research and analytics, or enhance our services and other offerings. Please remember that any information you disclose in public forums or community areas may become public information and be immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas. CCPA Categories of Personal Information: Commercial Information; Internet or Other Electronic Network Activity Information.

  • Content You Choose to Upload to the Service. Text, images, audio, and video, along with the metadata associated with the files you upload. CCPA (as defined below) Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Categories Described in the Customer Records Statute, Commercial Information.

  • Marketing Information. Your preferences for receiving marketing communications and details about how you engage with such communications. CCPA (as defined below) Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Categories Described in the Customer Records Statute, Commercial Information.

  • Transaction Information. The credit card or other payment card details that you use to pay for the Services, and your Services-related billing information and transaction history. CCPA (as defined below) Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Categories Described in the Customer Records Statute, Commercial Information.

  • Other Information. Other identifying information that you choose to provide but is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

 

Information from third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as data providers; business partners, such as joint marketing partners and event or contest co-sponsors; and other public sources, such as our social media platforms.

Data collected automatically. We, our service providers, and our business partners may automatically log the following information about you, your computer or mobile device, and your activity over time on the Site and other online services:

  • Device data. Your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city or town. CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data

  • Usage data. The website you visited before browsing to the Site or App, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access dates and times, duration of access, your device’s Internet Protocol address (e.g., IP address), browser type, browser version, unique device identifiers and other diagnostic data. CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data

  • Precise geolocation data. Information collected when you authorize our Site or App to access your location. CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data.

 

Some of our automatic collection is facilitated by:

  • When you provide such information directly to us.

  • When you create an account or use our interactive tools and Services.

  • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.

  • When you send us an email or otherwise contact us.

  • When you use the Services and such information is collected automatically.

  • Through Cookies and Similar Technologies. Please see the “Cookies and Similar Technologies” section of this Privacy Policy for more information.

  • If you download our App or use the location-enabled browser, we may receive information about your location and mobile device, as applicable.

  • If you download and install certain applications and/or software that we may make available from time to time, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

  • Social Media Networks. If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

 

Sensitive Personal Information.  We ask that you not share with us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or union membership) on or through the Services or otherwise. If you do anyway, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy.

Declining to Provide your Personal Information. If you do not provide information indicated as required or mandatory within the Services, or that is otherwise necessary to provide a requested service or feature within the Services, that portion or all of the Services may be unavailable to you and we may deactivate your account.

How We Use Your Personal Information

We use your Personal Information for the following purposes or as otherwise described to you at the time of collection:

Providing, Customizing and Improving the Services. We use your Personal Information to:

  • Provide, operate, maintain, and improve the Services;

  • Provide you with the products, Services, or information you request.

  • Communicate with you regarding the Services, including by sending you announcements, technical notices, updates, security alerts, and support and administrative messages;

  • Process your Services transactions and process any related payments;

  • Understand your opinions, needs and interests, and personalize your experience with the Services; and

  • Provide support for the Service and respond to your requests, questions and feedback.

  • Otherwise meeting or fulfilling the reason you provided the information to us.

Research, Analytics, and Development.  We may use your personal information for research, internal analytics, and development purposes, including to analyze and improve the Services and our business, to develop other products and services, personalizing the Services, website content, and communications based on your preferences, and carrying out other business purposes stated when collecting or Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (“CCPA”).

As part of these activities, we may create aggregated, de-identified or other anonymous data from the Personal Information we collect. We anonymize Personal Information by removing information that personally identifies you. We may use this anonymous data and share it with third parties for any lawful purpose, including to analyze and improve the Services and promote our business.

Marketing. We and our third party advertising partners may collect and use your Personal Information for marketing and advertising purposes:

  • Direct marketing. If you request information from us, use the Services or participate in our surveys, promotions or events, we may send you TDP-related marketing communications as permitted by law but will provide you with the ability to opt out.

  • Interest-based advertising. We may contract with third-party advertising and social media companies to display ads on our Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time across our Services and other sites and services or your interaction with our emails and use that information to serve ads that they think will interest you. These ads are known as “interest-based advertisements.” You can learn more about your choices for limiting interest-based advertising, in the “Advertising Choices” section below.

 

Meeting Legal Requirements and Enforcing Legal Terms. We may use your Personal Information to:

  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).

  • Audit our internal processes for compliance with legal and contractual requirements and internal policies.

  • Enforce our Terms of Use Agreement or other agreements with you.

  • Protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

  • Comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

 

Other Purposes With Your Consent.  In some cases, we will ask for your consent to collect, use or share your Personal Information for other purposes.  For example, we may ask for your consent to send you marketing emails where required by law or to post your testimonial.

How We Share Your Personal Information

We may share your Personal Information with the following entities and as otherwise described in this Privacy Policy or at the time of collection.  For more information, please refer to the state-specific sections below.

  • Our Partners. Depending on how you use the Service, we may share your Personal Information with business partners, with which we may jointly offer a service or feature, or with advertising or analytics partners. Our advertising partners help us market our Services and provide you with other offers that may be of interest to you. Our analytics partners provide analytics on web traffic or usage of the Services.

·       Service Providers.  We may work with companies and individuals to help provide the Services on our behalf or to help us operate the Services or other business functions on our behalf.  These entities are permitted to use your Personal Information only to help us operate the Services or our business as authorized under our contracts with them. They include:

    • Hosting, technology, and communication providers.

    • Security and fraud prevention consultants.

    • Support and customer service vendors.

    • Payment processors. Our payment processing partner, Stripe, linked to your specific device collect your voluntarily-provided payment card information necessary to process your payment. Please see each payment processing partner’s terms of service and privacy policy for information in its use and storage of your Personal Information.

  • Other Users of the Services and the Public. We may provide functionality that enables you to disclose Personal Information to other users of the Services or to the public. You may also be able to submit content to the Services, and we will display and share your username and profile information along with the content you submit and other information we have collected about you. We may make available settings through your registration profile that enable you to exercise choice regarding certain information that is displayed publicly or to other users. We do not control how other users or third parties use any Personal Information that you make available to other users or the public.

  • Professional Advisors. We may disclose your Personal Information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services they render to us.

  • Legal Obligations. We may disclose your Personal Information as we believe appropriate to government or law enforcement officials or private parties (a) for the compliance and protection purposes described above; (b) as required by law, lawful requests or legal process, such as to respond to subpoenas or requests from government authorities; (c) where permitted by law in connection with any legal investigation; and (d) to prosecute or defend legal claims.

  • Business Transfers. All of your Personal Information that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

 

Cookies and Similar Technologies

First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. In addition, UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

We use Cookies and similar tracking technologies to track the activity on the Site and App and store certain information. For example:

Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the Site and App and to better understand how they find and use the Site and App. The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions. The information stored is reduced to a random identifier. Any data collected is used in accordance with this Privacy Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ and https://support.google.com/analytics/answer/6004245. You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page located at https://support.google.com/analytics/answer/181881?hl=en.

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website technologies. These settings may affect your enjoyment of the full functionality of the Site. In addition, adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, visit your web browser settings after you have changed your cookie settings. Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers:

Google Chrome:          https://support.google.com/chrome/answer/95647?hl=en

Firefox:                        https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer:       http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari:                          https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html. For more information about how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/. You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers, http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work, or http://www.networkadvertising.org/choices.

The opt-out preferences described above must be set on each device for which you want them to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com

Retention of Your Personal Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to operate our business, and to enforce our agreements. When applicable, we store your Personal Information in accordance with the instructions from our data controller clients.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we no longer have a purpose to retain your personal information, we will securely destroy your Personal Information in accordance with applicable law and our policies. We take reasonable steps to delete the Personal Information we collect if your registration to use our Site or App lapses and you opt out of receiving further communications from us, or if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous, de-identified, or aggregated information for performance reporting, benchmarking, and analytic purposes and for operational improvement.

Security

The security of your personal information is important to us. We take a number of organizational, technical and physical measures designed to protect the Personal Information we collect, both during transmission and once we receive it.  From time to time, we review our security procedures to consider appropriate new technologies and methods.  Moreover, we maintain continuous development and maintenance of policies and practices to ensure that Personal Information is handled in strict accordance with applicable law.

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing that data. However, no security safeguards are 100% secure. As a result, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. Your use of the Site and App is at your own risk. We cannot guarantee that your Personal Information will remain secure in all circumstances. You should also help protect your Personal Information by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We also use reasonable security measures when transmitting personal information to consumers in response to requests under the CCPA. We have implemented reasonable security measures to detect fraudulent identify-verification activity and to prevent the authorized access to or deletion of Personal Information.

If a data breach compromises your Personal Information, we will notify you and any applicable regulator when we are required to do so by applicable law.

Your Rights and Choices Regarding Personal Information

Please use the “Contact Us” details provided at the end of this Privacy Policy to exercise your rights and choices under this Privacy Policy. We honor such requests when we are required to do so under applicable law.

Is Entry of Personal Information Required?  You may choose not to provide us with any Personal Information. Even if you choose not to provide any personal information, you may still access and use much of the Site and App. However, you will not be able to access any portions of the Site or App that require your Personal Information. Some pages on the Site or App may give you the option of providing certain of your Personal Information about yourself. If you want to change any information about yourself that you have submitted, you may email support@thedanceprocess.com.

Email Opt-Out. We may send you emails about our Site, App, Services and other updates. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link at the bottom of our emails, if applicable, or by submitting a request via the “Contact Us” details at the end of this Privacy Policy and providing your name and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.

Accuracy and Updating Your Information. Our goal is to keep your information accurate, current, and complete. If any of the information you have provided to us changes, please let us know via the “Contact Us” details at the end of this Privacy Policy. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Testimonials. If you gave us consent to post a testimonial to our Site or App, but wish to update or delete it, please contact us via the information provided in the Contact Us section of this Privacy Policy.

Right of Access.  If required by law (e.g., under the GDPR), upon request, we will grant reasonable access to the Personal Information that we hold about you.

Right to Erasure and Deletion of Your Personal Information. You may have a legal right to request that we delete your Personal Information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your Personal Information has been unlawfully processed.  All deletion requests should be sent to the address noted in the Contact Us section of this Policy.

We may decide to delete your Personal Information if we believe it is incomplete, inaccurate, or that our continued storage of your Personal Information is contrary to our legal obligations or business objectives.  When we delete Personal Information, it will be removed from our active servers and databases and our Site; but it may remain in our archives when it is not practical or possible to delete it.  We may also retain your Personal Information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.

Right to Object. In certain circumstances, as permitted under applicable law, you have the right to object to processing of your Personal Information and to ask us to erase or restrict our use of your Personal Information.  If you would like us to stop using your Personal Information, please contact us, and we will let you know if are able to agree to your request.

Right to Withdraw Consent.  If you have provided your consent to the collection, processing, and transfer of your Personal Information, you have the right to withdraw your consent fully or partially.  To withdraw your consent, please notify us using the information in the Contact Us section of this Privacy Policy, and you may follow opt-out links on any marketing communications sent to you.

Once we have received notice that you have withdrawn your consent, in whole or in part, we will no longer process your information for the purpose(s) to which you originally consented and have since withdrawn unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.  If you are exercising a right that is the responsibility of our data controller customers, we will direct you to contact the appropriate data controller who is responsible for responding to your request.

Withdrawal of consent to receive marketing communications will not affect the processing of Personal Information for the provision of our Services.

Complaints. If you believe your rights relating to your Personal Information have been violated, you have a right to lodge a complaint with the applicable enforcement authority or seek a remedy through the courts.  You may also lodge a complaint with us via the “Contact Us” details provided at the end of this Privacy Policy.

Cross-Border Transfers of Personal Information

Residents of the United States and Canada. We are located and established in the United States and, as such, your Personal Information may be transferred to, stored, or processed in the United States.  While the data protection, privacy and other laws of the United States might not be as comprehensive as those in your country, we take necessary and appropriate steps to protect the privacy and security of your Personal Information, in accordance with this Privacy Policy and applicable law.  By using the Site or App or requesting Services from us, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

Nevada Residents. You may submit a verified request to us at support@thedanceprocess.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request. We will respond to your request in accordance with Nevada law.

California Privacy Rights

For purposes of this section regarding the CCPA, all terms shall have the meanings given in the CCPA, when applicable.  This section applies only to California consumers, as defined under the CCPA. If your information is collected in the context of a business relationship with us, it may not be covered by the CCPA.

CCPA Notice at Collection. For purposes of the CCPA, we collect the categories of Personal Information listed in the “What Personal Data Do We Collect” section of this Policy. We may provide a separate notice at collection if we collect additional information or intend to use information for additional purposes.

DATA PRACTICES DURING THE LAST 12 MONTHS

Personal Information Collected: As described in this Privacy Policy, we have collected the following categories of Personal Information identified in the CCPA during the preceding 12 months:

  • Identifiers

  • Categories described in the Customer Records Statute

  • Commercial information

  • Internet or other electronic network activity information

  • Geolocation data

  • Audio, electronic, visual, thermal, olfactory, or similar information

  • Characteristics of protected classifications

  • Professional or employment-related information

Categories of Sources: We have collected the Personal Information identified in this Privacy Policy from our customers and our trusted third-party data sources.

Business and Commercial Purposes for Collecting: We have collected the categories of Personal Information listed above for the purposes listed in the “Use of Your Personal Data” and “Sharing of Your Personal Data” sections above.

No Personal Information Sold: We have not sold Personal Information during the preceding 12 months.

Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of Personal Information listed below during the preceding 12 months:

  • Identifiers

  • Categories described in the Customer Records Statute

  • Commercial information

  • Internet or other electronic network activity information

  • Geolocation data

  • Audio, electronic, visual, thermal, olfactory, or similar information

  • Characteristics of protected classifications

  • Professional or employment-related information

We have disclosed each category of Personal Information to the following categories of third parties: (1) subsidiaries and affiliates; and (2) service providers (e.g. accounts, attorneys, advisors, mailing, marketing, shipping fulfillment, payment processing, Site administration, technical support, modeling, analytics).

Do Not Sell My Personal Information. Under the CCPA, California consumers have the right to direct us to stop selling Personal Information to third parties and to refrain from doing so in the future. For purposes of the CCPA, we do not sell Personal Information as defined under applicable law.

Financial Incentives.  We do not offer financial incentives or any price or service difference in exchange for the retention or sale of your Personal Information.

CCPA Requests to Know and Requests to Delete.

The CCPA gives California consumers the right to request that we (1) disclose what Personal Information we collect, use, disclose, and sell, and (2) delete certain Personal Information that we have collected or maintain. You may submit these requests to us as described below, and we honor these rights where they apply.

However, by way of example, these rights do not apply where we collect or sell a consumer’s Personal Information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s Personal Information occurred in California, and (3) no Personal Information collected while the consumer was in California is sold. In addition, de-identified information is not subject to these rights.

If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (1) treat the request as if it had been submitted in accordance with the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.

Request to Know. As a California resident, you have the right to request: (1) the specific pieces of Personal Information we have collected about you; (2) the categories of Personal Information we have collected about you; (3) the categories of sources from which the Personal Information is collected; (4) the categories of Personal Information about you that we have sold and the categories of third parties to whom the personal information was sold; (5) the categories of Personal Information about you that we disclosed for a business purpose and the categories of third parties to whom the Personal Information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, or selling Personal Information; and (7) the categories of third parties with whom we share Personal Information. Our response will cover the 12-month period preceding our receipt of a verifiable request. We are committed to responding to requests to know in accordance with applicable law. However, your rights are subject to limitations, such as:

  • We are only required to respond to requests to know twice in a 12-month period.

  • We are prohibited from disclosing Social Security numbers, driver’s license numbers, other government-issued identification numbers, financial account numbers, health insurance numbers, medical identification numbers, account passwords, security questions and answers or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, inform you with sufficient particularity that we have collected the type of information.

Request to Delete. As a California resident, you have a right to request the erasure/deletion of certain Personal Information collected or maintained by us. As described herein, we will delete your Personal Information from our records and direct any service providers (as defined under applicable law) to delete your Personal Information from their records. However, we are not required to honor a deletion request if an exemption applies under the law, for example, when it is necessary for us to maintain your Personal Information in order to:

  • Complete the transaction for which the personal information was collected;

  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law;

  • Provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you;

  • Otherwise perform a contract between us and you;

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Comply with the California Electronic Communications Privacy Act;

  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

  • Comply with a legal obligation; and

  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Submitting a Request

Submission Instructions. You may submit a Request to Know or a Request to Delete by email to support@thedanceprocess.com. Regarding requests to delete, we may present you with the choice to delete select portions of your Personal Information, but a global option to delete all Personal Information will be offered and more prominently presented.

Verification Process. We are required by law to verify the identities of those who submit Requests to Know or Requests to Delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the Personal Information that we already maintain about you. As a part of this process, you will be required to provide your name, email address, address, and/or telephone number. We require different levels of authentication based upon the nature of the Personal Information requested. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of Personal Information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Privacy Policy.

  • If we cannot verify the identity of the person making the request for specific pieces of Personal Information, we are prohibited from disclosing any specific pieces of Personal Information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of Personal Information about the consumer.

  • If we cannot verify the identity of the person making a Request to Delete, we may deny the request.

  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.

Excessive Requests. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

CCPA Non-Discrimination. You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives and price or service differences, and we do not discriminate against consumers for exercising their rights under the CCPA.

California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide Personal Information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site or app may make any changes to their information at any time by contacting us at support@thedanceprocess.com.

Canada Privacy Rights

If you are located in Canada, you have the following rights under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). All requests should be sent to the address noted in the “Contact Us” section of this Privacy Policy, and we will fulfill requests to the extent required by applicable law.  We store your Personal Information in the United States and may be subject to United States and Canadian laws, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies in the United States and Canada, pursuant to applicable law.  By using our Site and App, you consent to the collection, storage, and processing of your information in the United States and in any country to which we may transfer your information in the course of our business operations. All of our service providers are required to maintain the confidentiality and security of your Personal Information and to use it only in compliance with applicable data privacy laws and are prohibited from using or disclosing your Personal Information for any purpose other than providing the Services on our behalf or as otherwise required by applicable law.

Consent. We obtain your consent prior to collecting, using or disclosing your Personal Information for any purpose. The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the Personal Information and the reasonable expectations you might have in the circumstances. In limited circumstances, we may rely on a third party to obtain your consent to the sharing of your Personal Information with us. You may provide your consent to us either orally or in writing.  We will not disclose, rent, sell or otherwise transfer your Personal Information without your consent, except as otherwise set out in this Privacy Policy.

Right of Access.  We will make available to you any specific Personal Information of yours that we have collected, used or disclosed, upon your request, to the extent permitted by law. We will make such information available to you in a form that is generally understandable, including explaining any abbreviations or codes.

Right of Rectification. Our goal is to keep your Personal Information accurate, current, and complete. Please contact us if you believe your information is not accurate or if it changes.

Right to Opt-Out.  From time to time, we may obtain your permission to send you marketing information about our product and service offerings or those of our marketing partners. We may combine Personal Information we received from you with publicly available outside records to enhance our ability to market products and services that may be of interest to you. If we obtained your permission to place you on a marketing email list, you can remove yourself from the list as set out in the “Contact Us” section below. You can also remove yourself from an email marketing list by clicking the "unsubscribe" button that appears on our emails.

Other Email Marketing. If you prefer not to receive email marketing from us, you may opt out of receiving commercial email messages from us by clicking on the “unsubscribe” link that is contained in those email messages.

Telephone Marketing. Please email us at support@thedanceprocess.com if you do not wish to receive telephone calls from us.

Right to Access and Correct your Personal Information. If you wish to access the Personal Information we have about you, or to correct factual errors in our records, please contact us in writing as set out in the "Contact Us" section below. To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making corrections.

Exclusions from Privacy Protection. This Privacy Policy does not impose any limits on the collection, use or disclosure of the following information by us: a) information that is publicly available, such as a person's name, address, telephone number and electronic address, when listed in a directory or made available through directory assistance; b) business-contact information, such as the name, title or business address or telephone number of an employee of an organization; c) information collected, used or disclosed in the course of journalistic, literary or artistic activities; or d) aggregate information that cannot be associated with a specific person, such as demographic statistics about our customers, or number of visitors and average time spent on a website.

Transfer of Information. At times, we may use third parties outside of Canada to perform services for us involving some or all of a person's Personal Information. This may require transfer of information to those third parties. This information is subject to the laws of the parties’ jurisdiction, including laws with respect to disclosure of such information.

Note: If any person at any time has any questions or concerns about our privacy practices, you can contact us via the information provided in the Contact Us section of this Privacy Policy.

Our Canadian Privacy Compliance Policy:

Principle 1 – Accountability:

1.1       TDP is responsible for Personal Information under its control and shall designate one or more personnel who are accountable for TDP’s compliance with all of our obligations with respect to Personal Information and our Canadian Privacy Compliance Policy.  TDP’s Chief Privacy Officer is Cody Green, who can be reached at support@thedanceprocess.com.

1.2       TDP will maintain accountability over all data handled by a third party service provider and will have ensure that adequate contracts are in place to protect Personal Information and not use Personal Information for any purpose other than per TDP’s instructions.

1.3       TDP has implemented policies and practices to give effect to the TDP Canadian Privacy Compliance Policy including:  (i) implementing procedures to protect Personal Information; (ii) establishing procedures to receive and respond to complaints and inquiries; (iii) training staff and communicating to staff information about TDP’s policies and practices; and (iv) developing information to explain TDP’s policies and procedures.

Principle 2 – Identifying Purposes for Collection of Personal Information:

2.1       TDP collects Personal Information for the purposes set forth in the Use of Your Personal Information section of this Policy.

2.2       TDP shall specify orally, electronically or in writing the identified purposes to the Person at or before the time Personal information is collected. Upon request, Persons collecting Personal Information shall explain these identified purposes or refer the Person to a designated person within TDP who shall explain the purposes.

2.3       Unless required by law, TDP shall not use or disclose, for any new purpose, Personal Information that has been collected without first identifying the new purpose and obtaining the consent of the Person.

Principle 3 – Obtaining Consent for Collection, Use, or Disclosure of Personal Information:

3.1       Except in rare cases (investigations, etc.) or where inappropriate, Personal Information can only be collected, used and disclosed with the knowledge and consent of the user.

3.2       Generally, TDP shall seek consent to use and disclose Personal Information at the same time it collects the information. However, TDP may seek consent to use and disclose Personal Information after it has been collected but before it is used or disclosed for a new purpose.

3.3       In obtaining consent, TDP shall use reasonable efforts to ensure that a Person is advised of the identified purposes for which Personal Information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the Person.

3.4       TDP will require Individuals to consent to the collection, use or disclosure of Personal Information as a condition of the supply of a product or service only if such collection, use or disclosure is required to fulfill the identified purposes.

3.5       In determining the appropriate form of consent, TDP shall take into account the sensitivity of the Personal Information and the reasonable expectations of the Persons.

3.6       In general, the use of products and services by an Individual constitutes implied consent for TDP to collect, use and disclose Personal Information for all identified purposes.

3.6       An Individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact TDP for more information regarding the implications of withdrawing consent.

3.7       In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. For example, TDP may collect or use Personal Information without knowledge or consent if it is clearly in the interests of the Person and consent cannot be obtained in a timely way.

3.8       TDP  may also collect, use or disclose Personal Information without knowledge or consent if seeking the consent of the Person might defeat the purpose of collecting the information such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law.

3.9       TDP may also use or disclose Personal Information without knowledge or consent in the case of an emergency where the life, health or security of an individual or property is threatened.

3.10     TDP may disclose Personal Information without knowledge or consent to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise related to the legal or regulatory requirements described herein.

3.11     Individuals can withdraw consent, subject to legal and contractual limitations, except as otherwise prohibited by applicable law.

Principle 4 – Limiting Collection of Personal Information:

4.1       TDP shall limit the collection of Personal Information to that which is necessary for the purposes identified by TDP and for which consent has been obtained.

4.2       TDP shall collect Personal Information by fair and lawful means.

4.3       TDP collects Personal Information primarily from Individuals.

4.4       TDP may also collect Personal Information from other sources including credit bureaus, employers or personal references, or other third parties that represent that they have the right to disclose the information.

4.5       Non-identifiable information should always be used unless Personal Information is necessary for the legitimate purpose.

Principle 5 – Limiting Use, Disclosure and Retention of Personal Information:

5.1       TDP shall not use or disclose Personal Information for purposes other than those for which it was collected, except with the consent of the Person or as required by law. TDP shall retain Personal Information only as long as necessary for the fulfillment of the purposes for which it was collected.

5.2       In certain circumstances Personal Information can be collected, used or disclosed without the knowledge and consent of the Person. (See Principle 3.7 and 3.9)

5.3       In addition, TDP may disclose a Person's Personal Information to: (i) another person for the development, enhancement, marketing or provision of any of the products or services of TDP; (ii) a person who, in the reasonable judgment of TDP, is seeking the information as an agent of the Person; (iii) a Third Party or Third Parties, where the Person consents to such disclosure or disclosure is required by law; (iv) as otherwise set forth in this Policy.

5.4       Only those Employees of TDP who require access for business reasons, or whose duties reasonably so require, or properly designated representatives of TDP, are granted access to Personal Information about Individuals.

5.5       TDP shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law.

5.6       TDP shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to Personal Information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.

Principle 6 – Accuracy of Personal Information:

6.1       Personal Information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

6.2       Information should be collected directly from the individual, if possible.

6.3       Third party information should only be used with consent and if TDP is confident in the quality of the data.

6.4       Personal Information used by TDP shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a Person.

6.5       TDP shall update Personal Information about Persons as and when necessary to fulfill the identified purposes or upon notification by the Person.

Principle 7 – Security Safeguards:

7.1       TDP shall protect Personal Information by security safeguards appropriate to the sensitivity of the information.  The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution, and format of the information, and the method of storage.  TDP will safeguard more sensitive information with a  higher level of protection.

7.2       TDP shall use at least industry standard levels of protection, which include, but are not limited to:  (i) physical measures; (ii) organizational measures; and (iii) technological measures.

7.3       TDP shall protect Personal Information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures. TDP shall protect the information regardless of the format in which it is held.

7.4       TDP shall protect Personal Information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

7.5       All employees of TDP with access to Personal Information shall be required as a condition of employment to respect the confidentiality of Personal Information.

7.6       TDP has a data breach response plan in place to address any breach of security safeguards.  All breaches of security safeguards will be documented and these records will be maintained for two (2) years.

Principle 8 – Openness:

8.1       TDP shall make readily available to Persons specific information about its policies and practices relating to the management of Personal Information.

8.2       TDP shall make information about its policies and practices easy to understand, including: (i) the title and address of the person or persons accountable for the compliance with the TDP Canadian Privacy Compliance Policy and to whom inquiries or complaints can be forwarded; (ii) the means of gaining access to Personal Information held by TDP; (iii) a description of the type of Personal Information held by TDP, including a general account of its use; and (iv) what Personal Information is made available to related organizations, if any (e.g., subsidiaries).

8.3       TDP shall make available information to help Persons exercise choices regarding the use of their Personal Information.

Principle 9 – Access to Personal Information:

9.1       TDP shall inform a Person of the existence, use and disclosure of his or her Personal Information upon request and shall give the Person access to that information.  Personal Information shall be provided in understandable form within a reasonable time and at minimal or no cost to the Person.

9.2       Upon request, TDP shall afford to a Person a reasonable opportunity to review the Personal Information in the Person's file.

9.3       A Person shall be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.

9.4       In certain situations, TDP may not be able to provide access to all of the Personal Information that they hold about a Person. For example, TDP may not provide access to information if doing so would likely reveal Personal Information about a Third Party or could reasonably be expected to threaten the life or security of another person. Also, TDP may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or if the information was collected as part of journalistic, literary or artistic activities. If access to Personal Information cannot be provided, TDP shall provide the reasons for denying access upon request.

9.5       Upon request, TDP shall provide an account of the use and disclosure of Personal Information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, TDP shall provide a list of organizations to which it may have disclosed Personal Information about the individual when it is not possible to provide an actual list.

9.6       In order to safeguard Personal Information, an individual or employee may be required to provide sufficient identification information to permit TDP to account for the existence, use and disclosure of Personal Information and to authorize access to the individual's file. Any such information shall be used only for this purpose.

9.7       TDP shall promptly correct or complete any Personal Information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the Person's file. Where appropriate, TDP shall transmit to third parties having access to the Personal Information in question any amended information or the existence of any unresolved differences.

Principle 10 – Challenging Compliance:

10.1     A Person shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for the compliance of TDP with the TDP Canadian Privacy Compliance Policy.

10.2     TDP shall maintain procedures for addressing and responding to all inquiries or complaints from Persons about TDP’s handling of their Personal Information, which procedures should be accessible and simple to use. If any Person at any time has any questions or concerns about TDP’s privacy practices, the Person can write to TDP at support@thedanceprocess.com.

10.3     TDP shall inform Persons about the existence of these procedures as well as the availability of complaint procedures.

10.4     The person or persons accountable for compliance with the TDP Canadian Privacy Compliance Policy may seek external advice where appropriate before providing a final response to individual complaints.

10.5     TDP shall investigate all complaints concerning compliance with the TDP Canadian Privacy  Compliance Policy. If a complaint is found to be justified, TDP shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A Person shall be informed of the outcome of the investigation regarding his or her complaint.

Children’s Privacy

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of Personal Information from and about children on the Internet. Our Site, App, and Services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or App or provide any information to or on the Site or App. If you are under 13, please do not use or provide any information on the Site or App (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received Personal Information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us via the “Contact Us” details provided at the end of this Privacy Policy.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

Links to Other Websites

This Policy only applies to the Site and App, and it does not apply to any third-party websites or applications.

Our Site or App may contain links to other websites that are not operated by us. If you click on a third party link, You will be directed to that third party's site. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to external, third-party resources. If you click on an embedded third-party link, you will be redirected away from the Site or App to the external third-party website. You can check the URL to confirm that you have left the Site or App, as applicable.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on the Site or App.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. Any such changes, updates, or modifications will be effective immediately upon posting.

At a minimum, we will notify you of any changes by posting the new Privacy Policy on this page. If we make material changes, we will also let you know via email and/or a prominent notice on Our Site and App. The "Last updated" date is available at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Your continued use of the Site or App after the “Last Updated” date will constitute your acceptance of and agreement to any changes and to our collection and sharing of your information according to the then-current Privacy Policy. If you do not agree with this Policy and our practices, you should not use the Site or App.

Contact Us

For more information, or if you have any questions regarding this Privacy Policy, wish to access Personal Information we hold about you, believe the Personal Information we have about you is incorrect, or wish to lodge a complaint with us about how we have handled your Personal Information, you may contact us using the information below, and we will do our best to assist you:

By email: support@thedanceprocess.com

By visiting this page on our website:

By mail:

Terms of Use Agreement

Effective Date: September 20, 2022 

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“YOU,” “YOUR” or “USER”) AND THE DANCE PROCESS (“TDP,” “OUR,” “WE” OR “US ”).  

SECTION 14 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN YOU AND US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 14 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT. 

IF YOU SUBSCRIBE TO THE SERVICES (DEFINED BELOW) FOR A TERM (THE “INITIAL TERM”), THEN THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT TDP’s THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 7.4 BELOW. 

By accessing or using The Dance Process Website or Application, or any other website with an authorized link to this Agreement (“Website”), installing or using our mobile application(s) (“App”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website or App (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract By using the Services (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf); and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.   Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services in any manner.   

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”), which are incorporated by reference into this Agreement.  To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter thereof.  THIS AGREEMENT FURTHER INCLUDES THE TERMS SET FORTH IN THE PRIVACY POLICY. 

Subject to Section 14.9 of this Agreement, TDP reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. 

1. Use Of The Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to the terms of this Agreement, TDP grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to the terms of this Agreement. TDP and its licensors suppliers and service providers reserve all rights not granted in this Agreement.   

1.1. App License. Subject to your compliance with the terms of Agreement, TDP grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. 

1.2. Updates . TDP may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to terminate your Account (defined below). If you do not terminate your Account, you will receive Updates automatically. By continuing to use the Services following any Update, you hereby acknowledge and agree that the terms of this Agreement apply thereto. 

1.3. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any Services or any portion of the Services, including the Website or App; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of TDP; (c) you shall not use any metatags or other “hidden text” using TDP’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access any Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to adversely affect the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. TDP and its licensors, suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of any Service terminates the licenses granted by TDP pursuant to this Agreement. 

1.4. Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for TDP to monitor such materials and that you access these materials at your own risk. TDP has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, TDP will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

2. REGISTRATION.   

2.1. Registering Your Account. In order to access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website or has an account with the provider of the App for the user’s mobile device (each, an “Account”).  

2.2. Registration Eligibility.   You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register an Account with the Services. Minors under the age of 18 years old who can safely use the Services may participate in certain aspects of the Services, provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement.  If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of, including, without limitation, any content, information or other materials submitted by, on behalf of, or relating to, such user in connection with the Services.  We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.   

By using the Services, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).  

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. 

2.3. Registration Data. When registering your Account, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone. You further agree to notify TDP immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been prohibited from using any of the Services. You further agree that you will not maintain more than one Account for the same TDP Service at any given time. TDP reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of TDP.  

3. CONTENT

3.1. Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (collectively, “Content”) is the sole responsibility of the party from which such Content originated. This means that you, and not TDP, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other users of the Services, and not TDP, are similarly responsible for all Content they Make Available through the Services (“User Content”). 

3.2. No Obligation to Pre-Screen Content. You acknowledge that TDP has no obligation to pre-screen Content (including, but not limited to, User Content), although TDP reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that TDP pre-screens, refuses or removes any Content, you acknowledge that TDP will do so for TDP’s benefit, not yours. Without limiting the foregoing, TDP shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. 

3.3. Certain Commitments Regarding Your Content. When you post or publish Your Content on or in the Services, you represent that: (i) you have all of the necessary rights to publish Your Content and grant TDP the license set forth below in Section 3.4; (ii) TDP will not need to obtain licenses from any third party or pay royalties to any third party; and (iii) Your Content does not infringe upon any third party’s rights, including intellectual property rights and privacy rights. 

3.4. License to Your Content.   You grant TDP a right to use and display Your Content (in whole or in part) for its own business purposes, including, without limitation, to operate and improve the Services, analyze Users’ use of the Services, and develop new products and services. Please be aware that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.   

3.5. Storage. Unless expressly agreed to by TDP in writing elsewhere, TDP has no obligation to store any of Your Content that you Make Available via the Services. TDP has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services, except as otherwise set forth in the Privacy Policy. You agree that TDP retains the right to create reasonable limits on TDP’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website or App and as otherwise determined by TDP in its sole discretion. 

3.6. Other Restrictions on User Conduct.   You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without TDP’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of TDP.  You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Services. 

3.7. Investigations. TDP may, but is not obligated to, monitor or review Services and Content at any time. Without limiting the foregoing, TDP shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the terms of this Agreement or any applicable law. Although TDP does not generally monitor user activity occurring in connection with the Services or Content, if TDP becomes aware of any possible violations by you of any provision of this Agreement, TDP reserves the right to investigate such violations, and TDP may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you. 

4. OWNERSHIP.   

4.1. Services.   Except with respect to Your Content and/or User Content as expressly set forth herein, TDP and its suppliers own all rights, title and interest in the Services. 

4.2. Trademarks.   TDP’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of TDP and may not be used without our written permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.   

4.3. Feedback.   You agree that, with respect to any submission you might make to TDP of any ideas, suggestions, documents, and/or proposals (“ Feedback ”), TDP has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit any Feedback. You hereby grant to TDP the right to use any Feedback in any way at any time without any additional approval or compensation. 

5. INTERACTIONS WITH OTHER USERS

5.1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that TDP reserves the right, but has no obligation, to intercede in such disputes. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TDP will not be responsible or liable for any loss or damage of any sort incurred as the result of such interactions.  For avoidance of doubt, In the event that you have a dispute with one or more other Users or other parties with whom you interact, you release TDP, its directors, officers, employees, agents, attorneys, insurers, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. 

5.2. Content Provided by Other Users. The Services may contain User Content provided by other users. TDP is not responsible for and does not control User Content. TDP has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. 

6. THIRD-PARTY SERVICES

6.1. Links. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Services. TDP does not control and is not responsible for Third-Party Services. TDP provides links to these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such Third-Party Services. Your use of all Third-Party Services is at your own risk. 

6.2. App Stores. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App license, e.g., the Apple App Store or Google Play Store (“App Store”). You acknowledge that this Agreement is between you and TDP and not with the App Store. TDP, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.  

6.3. Additional Terms for Apple Apps. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any App Store Sourced Application: 

(a) You acknowledge and agree that (i) this Agreement is concluded between you and TDP only, and not Apple, and (ii) TDP, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. 

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TDP and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TDP. 

(d) You and TDP acknowledge that, as between TDP and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. 

(e) You and TDP acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between TDP and Apple, TDP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. 

(f) You and TDP acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. 

(g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.   

7. FEES AND PURCHASE TERMS.  The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services as set forth in this Section 7. 

7.1. Payment. You will automatically be charged the monthly or yearly membership fee, depending on the subscription type you choose. Before you sign up and pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.  TDP reserves the right to determine pricing for the Services. TDP will make reasonable efforts to keep pricing information published on the Website up to date. We encourage you to check our Website periodically for current pricing information. TDP may change the fees for any feature of the Services, including additional fees or charges, if TDP gives you advance notice of changes before they apply. TDP, at its sole discretion, may make promotional offers with different features and different pricing to any of TDP’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. 

7.2  Authorization. You authorize TDP and its third-party payment processors to charge all sums for the orders that you make and type of subscription to the Services you select as described in this Agreement or published by TDP, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, TDP’s third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. 

7.3. Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your monthly or annual subscription. Except as set forth in this Agreement, all fees for the Services are non-refundable.  

7.4 Subscription Service. The Services includes automatically recurring payments for periodic charges (“Subscription Service”). If you activate Services, you authorize TDP’s third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Services. For information on the “Subscription Fee,” please see our Website. You agree that your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account.  TDP’s third party payment processor will bill the periodic Subscription Fee to the payment method you provide to that third party processor during registration (or to a different payment method if you change your payment information). You may cancel the Services through your account settings page or by contacting us at: cody@thedanceprocess.com.  

7.5 .  Delinquent Accounts.  TDP may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any then unpaid amount, including collection fees. 

7.6 Refunds. Except as set forth in any separate refund policy posted on the Services, all fees are non-refundable.   

7.7  Third Party Payment Processors.  You acknowledge that TDP does not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal. By utilizing these payment processors to gain access to the Services, You indemnify TDP and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use. 

8. INDEMNIFICATION.   You agree to indemnify and hold harmless TDP and its officers, directors, employees, agents, representatives, attorneys, insurers, partners and licensors of each (collectively, the “ TDPParties ”) from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. TDP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TDP in asserting any available defenses. This provision does not require you to indemnify any of the TDP Parties for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.   

9. DISCLAIMER OF WARRANTIES AND CONDITIONS.   

9.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TDP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE SERVICES. TDP MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT ACCESSED THROUGH SERVICES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.   

9.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE TDP PARTIES IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY TDP PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR OF PRODUCTS OR SERVICES ACCESSIBLE OR MADE AVAILABLE VIA THE SERVICES, AND THAT THE RISK OF DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. TDP MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TDP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES. 

9.3. No Medical Advice; Not for Emergencies; Professional Advice Disclaimer. THE SERVICES ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. TDP DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES.  YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE ENGAGING IN ANY STRENUOUS PHYSICAL ACTIVITY OR USING OUR SERVICES AS A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE SERVICES, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE SERVICES OR COMMUNICATED TO YOU THROUGH THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS OR NUTRITIONAL ADVICE THAT MAY APPEAR ON THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICES WILL INCLUDE ACCURATE OR UP TO DATE FINDINGS OR DEVELOPMENTS. 

NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY, OR COUNSELING CARE, OR OTHER HEALTHCARE ADVICE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING, INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. 

YOU ACKNOWLEDGE THAT ALTHOUGH SOME CONTENT (DEFINED HEREIN) MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL PROFESSION, THE PROVISION OF SUCH CONTENT DOES NOT CREATE A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BETWEEN YOU AND TDP OR BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ENTITY, AND DOES NOT CONSTITUTE AN OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT. 

9.4. Medical Disclaimer. In Subscribing to or otherwise using the services, you affirm that either your physician has approved your use of the services or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise and/or dance.  If applicable, you further affirm that (1) you are not pregnant, breastfeeding or lactating; or (2) your physician has specifically approved your use of the Services. 

THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911

9.5. Safe Environment Disclaimer.  ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE. IN USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING THE SERVICES. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, THE SERVICES, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR DANCE SPACE. 

10. LIMITATION OF LIABILITY.   

10.1. Disclaimer of Certain Damages.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TDP PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

10.2. Disclaimer of Third-Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NONE OF THE TDP PARTIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES. 

10.3. Cap on Liability.   UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE TDP PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO TDP BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100). 

10.4. User Content and Settings.   THE TDP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.   

10.5. Fundamentality; Basis of the Bargain.   THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TDP AND YOU.   

10.6. Exclusions.   THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.   

11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.   If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: TDP, Attn: Copyright Agent, 1804 Stanton Avenue, Glendale, CA 91201. 

12. TERMINATION.   This Agreement will remain in full force and effect until terminated as set forth herein. You may terminate and cancel your Account, your access to the Services, and this Agreement at any time, for any reason only by logging in to your TDP account and updating your account settings to cancel your account. 

TDP is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. TDP has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. 

If you have deleted your account by mistake, contact us immediately at cody@thedanceprocess.com.  While we will attempt to assist you, we make no promise or representation that we will be able to recover or restore anything. 

13. INTERNATIONAL USERS.   The Services are controlled and offered by TDP in the United States of America and in Canada. TDP makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. TDP reserves the right to limit the availability of the Website, App, and/or Services to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion. 

14. DISPUTE RESOLUTION.   Please read the following arbitration agreement in this Section (“Arbitration Agreement ”) carefully.  It requires you to arbitrate disputes with TDP and limits the manner in which you can seek relief from us.  

14.1. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with TDP, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify,; and (2) you or TDP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. 

14.2. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

14.3. Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TDP. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.  

14.4. Waiver of Jury Trial.  YOU AND TDP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TDP are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.   

14.5. Waiver of Class or Other Non-Individualized Relief.  ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.  

14.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1804 Stanton Avenue, Glendale, CA 91201 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TDP username (if any), the email address you used to set up your TDP account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 

14.7. Severability. Except as provided in Section 14.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 

14.8. Survival of Agreement .This Arbitration Agreement will survive the termination of your relationship with TDP. 

14.9. Modification.   Notwithstanding any provision in this Agreement to the contrary, we agree that if TDP makes any future material change to this Arbitration Agreement,  you may reject that change within thirty (30) days of such change becoming effective by writing TDP at the following address: 1804 Stanton Avenue, Glendale, CA 91201. 

15. GENERAL PROVISIONS .   

15.1. Electronic Communications.   The communications between you and TDP use electronic means, whether you visit the Services or send TDP e-mails, or whether TDP posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TDP in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that TDP provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.   

15.2. Assignment.   This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without TDP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.   

15.3. Force Majeure.   TDP shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemics, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.   

15.4. Questions, Complaints, Claims.   If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.   

15.5. Exclusive Venue.   To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and TDP agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 14.1 will be litigated exclusively in the state courts in Los Angeles County Superior Court for the North Central District of California or federal courts located in the central district of California.   

15.6. Governing Law.   THIS AGREEMENT AND ANY ACTION RELATED HERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.   

15.7. Notice.   Where TDP requires that you provide an e-mail address, you are responsible for providing TDP with your most current e-mail address. In the event that the last e-mail address you provided to TDP is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, TDP’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TDP at the following address: 1804 Stanton Avenue, Glendale, CA 91201. Such notice shall be deemed given when received by TDP by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.   

15.8. Waiver.   Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.   

15.9. Severability.   Subject to Section 14.5, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.   

15.10. Export Control.   You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.   

15.11. Consumer Complaints.   In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.   

15.12. Entire Agreement.   This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.