Terms and Conditions

/Terms and Conditions
Terms and Conditions 2017-12-29T17:06:00+00:00

TERMS & CONDITIONS

The Terms of Use set forth below are binding on all users of 123poling.com (the “Website”). By directing your browser to this Website or otherwise accessing the pages of this Website, you  (the “User”) accept and agree to be bound by these Terms of Use (“Terms of Use” “Terms of Service” or “Agreement”). If you do NOT agree to be bound by this Agreement and follow all applicable laws, you should leave the Site and discontinue use of our Services immediately. 123Poling.com may change the Terms of Use at any time at its sole discretion. Note that 123Poling.com may modify this Agreement and the others from time to time and modifications will be deemed effective directly upon posting by 123Poling.com on the Website. You agree to be bound to any changes to this Agreement when you use the 123Poling.com Service after any such modification is posted.  It is, therefore, important that you review this Agreement regularly to ensure you are updated as to any changes. 123Poling.com reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that 123Poling.com  determines has violated any aspect of these Terms of Use. 123Poling.com  reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by 123Poling.com.

ACCESS

Your Membership is solely for your personal use, and you shall not authorize others to use your account.  So long as you comply with these Terms of Use, you are authorized to access and use the information and materials available on this Website only for purposes of your personal use in order to learn more about 123Poling.com or its products and services or to otherwise communicate with 123Poling.com or utilize its services. In certain instances, 123Poling.com may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

INTELLECTUAL PROPERTY PROPRIETARY RIGHTS

You acknowledge that the Website contains information, video, photography, audio, graphics, links and other material (collectively, our “Content”) that are all protected by copyright, trademark or other proprietary rights of 123Poling.com or third parties. All Content on our site is copyrighted as a collective work by 123Poling.com pursuant to any and all applicable copyright law. You agree to comply with any all copyright notices, information, and/or restrictions relating to any Content available on or accessed through 123Poling.com.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement.

The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any manner, including use for creative work or to sell or promote other products without 123Poling.com’s written permission. Users may not publish, perform or create derivative works from the contents of this website for any public or commercial purposes.  Violation of this restriction may result in infringement of intellectual property and contractual rights of 123Poling.com or third parties, which is prohibited by law and could result in substantial civil and criminal penalties. 123Poling.com and other identifying marks of 123Poling.com are proprietary to 123Poling.com. You may not use these marks for any purpose without the express prior written consent of 123Poling.com. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of 123Poling.com or any third party.

The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by 123Poling.com at any time without notice.

DISCLAIMERS

Use of this website is provided “as is, where is,” as an accommodation, and without warranty of any kind, nor does 123Poling.com provide any warranties of any kind in respect of any goods and services purchased or provided via this website (unless otherwise expressly stated in writing in the relevant terms and conditions of sale) or any links to this website. 123Poling.com expressly excludes any express or implied warranty of title, merchantability, accuracy, reliability, fitness for a particular purpose or non-infringement in respect of this website and any goods or services purchased via this website or any links to this website. In no event shall 123Poling.com  be liable for damages of any kind incurred by you as a result of any inaccuracy or error in the information provided on the website, any deficiency, error or interruption in the website, or any deficiency, defect or failure of any goods or services purchased or provided via this website or any links to this website. 123Poling.com shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data or equipment arising out of your reliance on the information provided on this website, the use or inability to use this website, or any deficiency, defect or failure of any goods or services purchased or provided via this website or any links to this website, even if 123Poling.com has been advised of the possibility of such damages. Your sole remedy in the event of any deficiency, defect, failure, error or interruption shall be to request that 123Poling.com correct the matter or, if 123Poling.com fails to do so, to discontinue use of the website or any relevant goods or services at your option.  Under no circumstances shall 123Poling.com be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, from any User Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Content, whether online or offline. The Site and the Services are provided “AS-IS” and as available and 123Poling.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 123Poling.com cannot guarantee and does not promise any specific results from use of the Services.

Information about products or services offered by third parties is referred to on the Website for information purposes only. 123Poling.com’s provision of any such information is not intended to constitute an endorsement or recommendation, by 123Poling.com, of such products or services.

ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic communications from 123Poling.com. These communications will include notices about your account (e.g. shipping and receiving, e-mails and other transactional information) and information concerning or related to our services, such as featured videos or other entertainment information or offerings. These communications are part of your relationship with 123Poling.com. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

WARNINGS

There are inherent risks of injury in pole fitness and dance activities. These injuries include but are not limited to, muscle soreness, ankle and knee injury, and cartilage and ligament damage. You are solely responsible for warming up, proper pole installation, giving yourself room to practice and implementing safe practices and precautions in order to avoid accidents. In the event of physical injury or property damage occurring while practicing pole fitness and dance, you agree not to hold 123Poling.com or its owners, its shareholders, directors, employees or agents responsible.

LIMITATION ON LIABILITY

In no event shall 123Poling.com, its owners, shareholders, directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website or the service, or any of the site content or other materials on, accessed through or downloaded from the site, even if 123Poling.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, 123Poling.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 123Poling.com for the service during the term of membership.  But in no case will 123Poling.com’s liability to you exceed $1000. You acknowledge that if no fees are paid to 123Poling.com for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from 123Poling.com, regardless of the cause of action.

FEES AND RECURRING BILLING

By using the Service and by becoming a Member, you acknowledge that 123Poling.com reserves the right to charge for the Service and has the right to terminate a Member’s Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.

All subscription memberships, business listings, and other services are considered monthly, quarterly or yearly recurring subscriptions, which are automatically renewable. You may cancel your membership at any time. All features attached to your membership or listing will terminate at the time of cancellation. We do not provide refunds or credits for any partial year, partial-quarter or partial-month subscription periods. You agree that, unless you cancel your subscription at least 5 days before your next scheduled payment date, you authorize 123Poling.com to charge the next applicable subscription fee to your Payment Method.

NO REFUNDS All subscriptions, memberships, lessons, bundles, specialty series, instructional packages, business listings, and other services are considered monthly, quarterly or yearly recurring subscriptions, which are automatically renewable and will be automatically charged to your account on the appropriate date of renewal. You may cancel your membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR OR PARTIAL-MONTH SUBSCRIPTION PERIODS. You agree that unless you cancel your membership prior to the effective date.

All subscriptions, memberships, lessons, instructional packages, business listings, and other services are considered monthly, quarterly or yearly recurring subscriptions, which are automatically renewable and will be automatically charged to your account on the appropriate date of renewal. You may cancel your membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR OR PARTIAL-MONTH SUBSCRIPTION PERIODS. You agree that, unless you cancel your membership prior to the effective date of your billing, you authorize 123Poling.com to charge the new applicable subscription fee to the payment method indicated on your account, and this policy gives us full authorization to charge your credit card on file for recurring monthly or annual memberships.  By using our service, you are fully acknowledging your understanding and compliance that all membership pricing is RECURRING until the time that you officially cancel by doing so in your PayPal account or 123poling.com “my account” page or contacting your bank prior to your billing date.

TERMINATION/CANCELLATION

123Poling.com may terminate your membership and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.

As a subscriber, you may cancel your membership at any time. Cancellations received after the stated deadline will not be eligible for a refund. All refund requests must be made by the member or credit card holder. To cancel your membership, you can go to “my account” page and click cancel hyperlink at least 3 days prior to your next billing. Once your cancellation is effective you will no longer have access to the members only video library.

Even after Membership is terminated, this Agreement will remain in effect.

RELEASE OF LIABILITY / RISK OF INJURY INCLUDING LEADING UP TO DEATH

In addition to the remainder of this agreement, by directing your browser to this Website or otherwise accessing the pages of this Website, you accept and agree to be bound by the following release of liability as if actually signed by you in writing.  If you do NOT agree to be bound by this Release of Liability or any other portions of the Terms of Use and to follow all applicable laws, you should leave the Site and discontinue use of our Services immediately.

I, for myself, my heirs, assigns, executors or anyone else who may ever claim on my behalf will never institute, prosecute, or in any way aid in the institution or prosecution of any claim, suit, demand, action or cause of action against 123Poling.com, its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors, and all (the “RELEASEES”) for any damages, expenses, costs, loss, including personal injury, death, damage to property or loss of any kind due to any cause whatsoever, whether foreseen or unforeseen, known or unknown, past, present, or future including negligence, breach of contract, or breach of any statutory or other duty of care, that may be sustained as a direct or indirect consequence of any online video, online lesson, online community posting, session, class, workshop, course, contest, or any activity connected with, directed by, related to, or conducted by 123Poling.com or its agents.

I further agree to indemnify, release, defend, not sue, and hold harmless 123Poling.com, its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors, and all (the “RELEASEES”) from any and all claims, losses, illnesses, demands, and injuries to my person or property, foreseen or unforeseen, resulting from, caused by, or related to any online video, online lesson, online community posting, session, class, workshop, course, contest, or any activity connected with, directed by, related to, or conducted by 123Poling.com or its agents. I agree to indemnify 123Poling.com with regard to any cost, expense (including reasonable attorney fees), and for any loss caused in any way by me. I understand and acknowledge this Hold Harmless Agreement is binding on me and on my successors, assigns, and heirs.

I knowingly and voluntarily execute this agreement under my own free will. I understand this Hold Harmless Agreement is a release of legal liability. I expressly acknowledge that the activities I will be engaging in are potentially dangerous physical activities and that although all reasonable precautions have been taken to assure that 123Poling.com is as safe as possible, I understand that 123Poling.com and its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors, and all (the “RELEASEES”), cannot and will not be responsible for the actions and non-actions of me, or of other students.  I assume all responsibility and risk associated with any and all activities.

This agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction, and any litigation involving the parties to this agreement shall be brought solely within the State of California and shall be within the exclusive jurisdiction of the Courts of the State of California.

I understand that activities associated with 123Poling.com are physically strenuous and I voluntarily participate in them with full knowledge that there is a risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against 123Poling.com or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.

INDEMNITY

You agree to indemnify and hold 123Poling.com, its subsidiaries, affiliates, officers, agents, and other partners, ambassadors, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above in this Agreement.

LAWS AND REGULATIONS

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to its conflict of law provisions.  You and 123Poling.com agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Services. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation; seek to enforce this waiver of the right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

OTHER

This Agreement is accepted upon your use of the Website or any of its services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and 123Poling.com regarding the use of the Website and/or the Services. The failure of 123Poling.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Please contact us at info@123Poling.com with any questions regarding this Agreement.

PRICES

Prices offered on 123Poling.com are quoted in United States Dollars. Such prices do not include sales taxes, nor shipping and handling unless otherwise stated, which will be added to your total invoice price, if applicable. You are responsible for any taxes, duties, tariffs and other fees associated with your order. We reserve the right to change prices for products or services offered on the Site at any time, and we do not provide price protection or refunds in the event of a price drop or promotional offering.

Online Memberships

Broadband Internet connection is required.  WE DO NOT PROVIDE REFUNDS FOR ANY MEMBERSHIPS, SPECIALTY SERIES, BUNDLES PURCHASED FROM 123Poling.com. All sales are final, non-cancelable and non-refundable except as determined by 123Poling.com in its sole discretion.