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123Poling Marketplace Terms of Service

Effective Date: April 10, 2024

These Terms of Use (“Terms”) govern your access to and use of our services, including our website, mobile applications, and other offerings (collectively, “Services”). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations.

Please read these Terms carefully as they form a binding contract between you and 123Poling.com.

If you reside in the United States or Canada, you agree to resolve disputes with 123Poling.com through binding arbitration (with some exceptions, such as small claims court cases if applicable) and you waive any right to participate in class actions or jury trials. This is detailed in the “Dispute Resolution” section below.

Our Mission

At 123Poling.com, our mission is to enrich lives through pole fitness and dance. We provide a platform for instructors to share their expertise and for students to access these educational resources.

Your Use of Our Services

You must register an account to access most features of our platform. You are responsible for maintaining the security of your account and you are liable for all activities that occur under your account. You must provide accurate and complete information when creating or updating your account.

Using 123poling Marketplace at Your Own Risk

At 123Poling.com, instructors who create and share content on our platform are independent contributors and not employees or agents of our company. Consequently, we are not responsible or liable for any interactions between instructors and students, nor do we manage or oversee these interactions. We are not liable for any disputes, claims, losses, injuries, or damages of any kind that may arise from the conduct of instructors or students.

At 123Poling.com, all instructors operate independently and are not employed by our platform. Therefore, we are not responsible for overseeing interactions between instructors and students. Additionally, we are not liable for any disputes, claims, losses, injuries, or damages that may result from the actions or conduct of instructors or students using our Services. As a marketplace, we facilitate the sharing of educational content but do not manage or directly involve ourselves in the interactions within our community.

Additionally, our Services may include links to third-party websites that are not owned or controlled by 123Poling.com. We are not responsible for the content, policies, or practices of these external sites, including how they collect and handle your information. We encourage you to review the terms and conditions and privacy policies of any third-party websites you visit through links provided on our platform to understand their practices. Your interactions with these sites are at your own risk.

Content and Subscription Terms

  • Accounts
    • You need an account for most activities on our platform. Keep your password secure as you are responsible for all activities on your account. Notify us immediately if you suspect any unauthorized use of your account.
  • Content Enrollment and Access
    • When you enroll in a course, you receive a license to view the content via our Services. This license does not include the right to resell the content in any form.
  • Payments, Credits, and Refunds
    • You agree to pay the fees for content you purchase. If you are not satisfied with a purchase, you may be eligible for a refund as described in our Refund Policy.
  • User Conduct
    • You must use our Services only for lawful purposes. Respect intellectual property rights and do not engage in any activity that could harm our Services or other users.
  • Rights to Content
    • You retain ownership of the content you post. By posting content, you allow us to use and share this content on our platform and in promotional activities.
  • Using 123Poling.com at Your Own Risk
    • You are responsible for your interactions with other users and we are not liable for the actions of any users.
  • Our Rights
    • All rights in the 123Poling.com Services and content are owned by us or our licensors. Do not misuse our Services or content.
  • Subscription Plans
    • If you subscribe to any of our Subscription Plans, additional terms specific to those plans apply.
  • Legal Terms
    • Additional provisions regarding our legal relationship are included to protect both you and us.

Subscription and Cancellation

You can cancel your subscription at any time. Upon cancellation, your access to Subscription Plans will end at the expiration of the current billing cycle.

Dispute Resolution

  • Informal Resolution: Before pursuing arbitration or litigation, we first seek to resolve disputes informally. Please contact our support team for assistance.
  • Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration, except for small claims that qualify for small claims court.
  • No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Changes to These Terms

We may modify these Terms at any time. If we make changes that materially affect your rights, we will notify you through our Services or other means. Continuing to use our Services after a change means you accept our updated Terms.

Warranty

Occasionally, our platform may experience downtime, either due to scheduled maintenance or unforeseen issues. It is also possible that an instructor might provide misleading information, or that security challenges could arise. These scenarios are examples only. By using our services, you acknowledge that we are not liable for any complications or failures that may occur. Our services and content are offered on an “as is” and “as available” basis. We, along with our affiliates, suppliers, partners, and agents, do not guarantee the services’ suitability, reliability, availability, timeliness, error-free nature, or accuracy, and we specifically disclaim any implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. 

There is no assurance that you will achieve specific results from using our services, and you use them at your own risk. The exclusions mentioned may not apply if your jurisdiction does not allow the exclusion of implied warranties.

We reserve the right to discontinue any aspect of our services at any time for any reason. Under no circumstances will we be liable for any damages that result from such discontinuations or from the unavailability of certain features.

Additionally, we are not responsible for any delays or failures in our service delivery that arise from events beyond our reasonable control, such as acts of war, natural disasters, interruptions in utilities or telecommunications, or governmental restrictions.

Binding Agreement

By registering, accessing, or using our Services, you confirm your acceptance of these Terms and enter into a legally binding contract with us. If you disagree with any part of these Terms, please do not register for, access, or use our Services.

If you are using our Services as an instructor on behalf of a business, organization, government, or any legal entity, you must be duly authorized to accept these Terms on behalf of that entity.

Please note that any non-English versions of these Terms are provided for your convenience only. In case of discrepancies, the English version will prevail.

These Terms, along with any related agreements and policies referenced herein, represent the complete agreement between you and us. This includes any specific terms applicable to instructors and our promotional policies.

Should any provision of these Terms be deemed invalid or unenforceable by a court, that provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original. All other Terms will remain in effect.

A delay or failure to exercise our rights under these Terms on one occasion does not waive our rights to enforce them on future occasions. Any waiver of rights on a particular instance does not affect our rights in future or similar instances.

Contact Us

If you have any questions about these Terms or our Services, please contact our Support Team. We value your feedback and are here to help!

Thank you for choosing 123Poling.com. Let’s embark on this exciting journey of learning and growth together!

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