Please read these Terms of Service ( “Service”) carefully before using the PoleArity Palace website (www.polearitypalace.com)
The Terms of Service is an agreement between you and PoleArity Palace and sets forth the legally binding terms and conditions for your use of the Services. This Agreement incorporates by reference our Privacy Policy.
By accessing or using the Services of PoleArity Palace in any manner, including, but not limited to, visiting or browsing the Site, downloading the Apps or contributing content or other materials to our website or Apps we use, you agree to be bound by the Terms of Service. You are only authorized to use the Services of PoleArity Palace if you agree to abide by all applicable laws and to the Terms of Service. Please read the Terms of Service carefully and save it. If you do not agree with it, you should leave the Site or App and discontinue use of the Services.
The following Terms of Service are applicable to any website and/or good or Service offered by PoleArity Palace and its current and future affiliates, subsidiaries, successors, assigns, employees, officers, directors, agents, contractors and shareholders, including but not limited to, the PoleArity Palace website located at www.polearitypalace.com, and any mobile application or other online communication, feature, Service and/or program offered by PoleArity Palace and/or a customer or user of PoleArity Palace website and/or Services (collectively, the “Website”). These Terms should be read carefully by you before proceeding.
Further, by accessing or using the Website and/or participating in any of the PoleArity Palace Online Classes or other classes offered at the PoleArity Palace location (collectively, the “Classes”), you agree to the following Terms and acknowledge that you have read and fully understand and accept these Terms and represent and agree that your consent is freely and knowingly given. YOU HAVE READ AND VOLUNTARILY CONSENT TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS, MEDICAL INFORMATION, INDEMNIFICATION, RELEASES AND LIMITATION OF LIABILITY CONTAINED HEREIN. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or attend or participate in any Class.
1. INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, PoleArity Palace does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) PoleArity Palace has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of PoleArity Palace. At any time, we may, without further notice, make changes to the Website and/or to the Services described in these Terms. We will make an effort to update this web page with any changes to the Services described in these Terms.
3. PROHIBITED USES. You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation. You cannot engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability. Additionally, you agree not to us our Services for any commercial purpose, or in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services. You agree that you will not use any robot, spider or other automated device, process, or means to access our Service for any purpose. You will not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to our business or website. You will not use our Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes. You will not otherwise attempt to interfere with the proper working of the Service.
4. USER ACCOUNT, PASSWORD AND SECURITY. For certain types of features available through the Website and websites we access for signing up for classes, such as Momence, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, and all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify PoleArity Palace of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if PoleArity Palace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
5. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are nontransferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
6. CLASSES: DISCLAIMERS; MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES; PERSONAL PROPERTY; LIMITATION OF LIABILITY.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT THE CLASSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CLASSES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. POLEARITY PALACE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO PARTICIPATE IN CLASSES AT TIMES OR LOCATIONS OF YOUR CHOOSING. THE ENTIRE LIABILITY OF POLEARITY PALACE AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE CLASSES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CLASSES FOUND TO BE INADEQUATE.
(b) MEDICAL INFORMATION, INDEMNIFICATION AND RELEASES.
(i) You must be at least 18 years old to use this Website and/or participate in any Class. The Classes, and the fitness, health and nutritional information found on and through this Website, are for educational purposes only. Any physical exercise, including, but not limited to, cardiovascular exercises, dance, running, stretching, walking and weightlifting, all with or without the use of equipment, poses the risk of injury or mental or physical exhaustion. We strongly recommend that you consult your physician before participating in the Classes, or before beginning any new exercise, fitness or nutritional program, regimen or routine, or using any of the exercise equipment featured on this Website or in the Classes.
(ii) We are not a medical organization and our instructors or staff cannot give you medical advice. All encouragement, instruction or suggestion regarding the exercise methods and routines featured on this Website and/or in the Classes are purely optional, and are solely carried out based on your decision to carry them out. Your use of any information provided on the Website or in the Classes is solely at your own risk, and you take all responsibility for determining your mental and physical capacity and limits when participating in physical exercise. You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
(iii) By visiting the Website with the intent of using the information contained therein and/or participating in the Classes, you affirm that either (A) all of the following statements are true: (1) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (2) you have never felt pain in your chest when engaged in physical activity; (3) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (4) you have never lost your balance because of dizziness and you have never lost consciousness; (5) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (6) your physician is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition; (7) you do not have a history of high blood pressure, nor does your family have a history of high blood pressure or heart problems; and (8) you do not know of any other reason you should not exercise; or (B) your physician has approved of your use of the information contained on this Website and/or participation in the Classes.
(iv) If you are pregnant, all of the Content on the Website is for information purposes only and is not intended to offer medical advice, or replace the recommendations of your doctor, midwife, or physical therapist. We strongly recommend that you consult your doctor before beginning any exercise program.
(v) BY VISITING THE WEBSITE AND/OR PARTICIPATING IN THE CLASSES, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF THE OTHER MEMBERS OF THE YOUR FAMILY, INCLUDING YOUR SPOUSE, PARENTS, CHILDREN, HEIRS, AND ASSIGNS HEREBY GRANT TO POLEARITY PALACE THIS FULL RELEASE AND INDEMNIFICATION AS CONSIDERATION IN EXCHANGE FOR POLEARITY PALACE PERMITTING YOU TO PARTICIPATE IN POLEARITY PALACE’S EXERCISE CLASSES. YOU ARE ENTERING INTO THIS RELEASE AFTER HAVING VIEWED OR HAVING HAD THE OPPORTUNITY TO VIEW THE SITE OF THE CLASSES; HAVING REVIEWED THE INSTRUCTOR’S QUALIFICATIONS; HAVING HAD THE SCOPE OF CLASSES AND THEIR ASSOCIATED RISKS EXPLAINED; AND HAVING HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING THE CLASSES AND RISKS ASSOCIATED WITH CLASSES. YOU ARE VOLUNTARILY PARTICIPATING IN CLASSES WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INHERENT IN ANY PHYSICAL EXERCISE AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH THAT COULD OCCUR BY REASON OF YOUR PARTICIPATION. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE POLEARITY PALACE FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, EXPENSE, DAMAGES OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU, OR TO ANY PROPERTY BELONGING TO YOU, WHETHER CAUSED BY THE NEGLIGENCE OF POLEARITY PALACE, OR OTHERWISE AS A RESULT OF PARTICIPATING IN THE CLASSES. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO YOU DUE TO THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF POLEARITY PALACE AND ITS AGENTS AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, OTHERS PARTICIPATING IN THE CLASSES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD POLEARITY PALACE AND ITS AGENTS HARMLESS AT YOUR SOLE COST FROM ANY AND ALL CLAIMS ARISING OUT OF YOUR PARTICIPATION IN THE CLASSES. YOU EXPRESSLY AGREE THAT THE TERMS OF RELEASE AND THE INDEMNITY CONTAINED HEREIN ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK. ANY PROVISION OF THIS RELEASE FOUND TO BE INVALID BY THE COURTS HAVING JURISDICTION SHALL BE INVALID ONLY WITH RESPECT TO SUCH PROVISION OR PORTION AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS SUPERSEDE ALL PRIOR DISCUSSIONS AND AGREEMENTS WITH RESPECT TO POLEARITY PALACE’S CLASSES AND SHALL BE INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CHOICE OF LAW PROVISIONS.
(c) PERSONAL PROPERTY. Any personal property brought to Classes is brought at your sole risk as to its theft, damage, or loss. You agree that PoleArity Palace is in no way responsible for the safekeeping of your personal belongings while you attend Classes or are otherwise at a PoleArity Palace location.
(d) LIMITATION OF LIABILITY. IN NO EVENT WILL POLEARITY PALACE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN CLASSES, USE OF THE WEBSITE AND/OR USE OR RECEIPT ANY PRODUCTS OR SERVICES PROVIDED BY US. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF POLEARITY PALACE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. WEBSITE: DISCLAIMERS; INDEMNIFICATION.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. POLEARITY PALACE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT POLEARITY PALACE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY OF POLEARITY PALACE AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) WEBSITE INDEMNIFICATION. You agree to defend, indemnify and hold harmless PoleArity Palace and its directors, officers, employees and agents from and against any and all claims demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by PoleArity Palace, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
8. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with PoleArity Palace’s Privacy Policy.
9. THIRD PARTY CONTENT.
(a) PoleArity Palace may provide hyperlinks to other websites maintained by third parties, or PoleArity Palace may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER POLEARITY PALACE’S CONTROL AND POLEARITY PALACE IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with PoleArity Palace. In most cases, PoleArity Palace is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, PoleArity Palace’s Content; (ii) may not create a browser, border environment or frame PoleArity Palace’s Content; (iii) may not imply that PoleArity Palace is endorsing it or its products or Services; (iv) may not misrepresent its relationship with PoleArity Palace; (v) may not present false or misleading information about PoleArity Palace’s products or Services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
10. COPYRIGHT AND TRADEMARKS. The trademarks, Service marks and logos that may be used and displayed on the Website are PoleArity Palace’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. PoleArity Palace is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and Service marks of PoleArity Palace, or its subsidiaries or affiliates, that may be referred to on the Website are the property of PoleArity Palace, or one of its subsidiaries or affiliates. Other parties’ trademarks and Service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of PoleArity Palace’s, or its subsidiaries’ or affiliates’, trademarks, Service marks or copyrights without PoleArity Palace’s prior written permission. PoleArity Palace aggressively enforces its intellectual property rights. Neither the name of PoleArity Palace, its subsidiaries or affiliates, nor any of PoleArity Palace’s other trademarks, Service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without PoleArity Palace’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements above and below, may use the names “PoleArity Palace” in or as part of that link.
11. COMMUNICATIONS. If you send, transmit, post, email or otherwise convey to PoleArity Palace, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), subject to PoleArity Palace’s Privacy Policy none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant PoleArity Palace and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to PoleArity Palace and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to PoleArity Palace that any third-party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that PoleArity Palace and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
12. COPYRIGHT COMPLAINTS. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), PoleArity Palace will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to PoleArity Palace Customer Service at: ADDRESS AND PERSON TO CONTACT
13. TERMINATION OF SERVICE; CANCELLATION POLICY; MEMBERSHIP
(a) TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to PoleArity Palace, to its partners, to the business of the Website’s internet Service provider, or to other information providers. We also reserve the right to cancel your membership should you violate any provision of these Terms, or any other posted policy on the Website. If your membership is terminated due to a violation of these Terms, PoleArity Palace will not reimburse you for the remainder of your payment for the final paid month of your membership, nor will reimbursements be made for membership cancellations prior to your monthly renewal date.
(b) Cancellation Policy: 12-Hour Cancellation Policy applies. We understand everyone’s time is precious. This policy is to preserve a healthy environment for class availability, and we kindly ask you to cancel 12 hours ahead of time if your plans change. A $17 charge will be automatically added to your account if you do not cancel more than 12 hours in advance or if you do not show up.
(c) Membership: Monthly memberships auto renew every month. Should you wish to cancel before the auto renewal, a 2-week notice is required. Cancellations made less than 2-weeks before the auto renewal will still be charged for the following month; however, auto renew will be turned off and charges will not incur for additional months.
6-Month memberships auto renews every 6-months. Should you wish to cancel before the auto renewal, a one-month notice is required. Cancellations made less than a month before will be charged for the following 6-months; however, auto renew will be turned off and charges will not incur for additional months.
(d) Refunds: No refunds on memberships. We know life brings some unexpected changes and we LOVE that! We want you to soar through your best life. While all monthly and 6-month memberships are paid in full, your membership can be gifted/transferred to a friend should you encounter a life-altering situation.
The following provisions will survive termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Governing Law; (5) Indemnity; (6) Limitation of Liability.
Purchases made at the PoleArity Palace studio location are only applicable for Services offered and owned by PoleArity Palace, at said location and are non-transferrable to any other studio, teacher, or practitioner.
14. MORE ON CLASSES
FEES : You acknowledge that PoleArity Palace charges fees for its Services, and subject to the applicable law, PoleArity Palace reserves the right to change its fees from time to time in its discretion.
CLASSES: For any Agreements that include an online and in-studio Class, PoleArity Palace, LLC agrees to hold a spot for you in the online class as agreed upon between You and PoleArity Palace. Should your account become delinquent of 3 or more days, you will lose Your ability to sign into online or in-studio classes until payment is received to bring your account up to date and in good standing per the billing cycle as defined in this agreement. All online and in-studio classes require a minimum of 3 students to be signed in 24 hours in advance of the class in order for the class to be green-lit. Any online or in-studio classes with less than 3 students signed in 24 hours before the class is subject to being canceled and is up to the discretion of the studio.
** All online and in-studio classes require 12 hours notice for students to sign out (I don’t know what that means).
RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT
Students are responsible for updating all email and Spotify accounts in order to participate in the online class being offered.
Online and in-studio Classes may be cancelled at PoleArity Palace sole discretion, for any reason. In case of a class cancellation by PoleArity Palace, PoleArity Palace, will credit any payment made for such canceled class to another comparably priced class.
The cancellation of an online and/or in-studio class by PoleArity Palace, LLC is not a permissible reason for Agreement cancellation.
Unless otherwise notated by a staff member, online and in-studio classes are available only to current PP members and paid drop-ins.
There will be no monetary refunds for missed classes. No exceptions.
We us Momence website for signing up for class.
When you sign up for a class in Momence your email will be added to our mailing list. You can opt out from our newsletter at any time by contacting us.
SERVICES INTERRUPTIONS: Our Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate.
15. NON-RECORDING OF LIVE STUDIO/ONLINE CLASSES
AGREEMENT: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any of PoleArity Palace classes or activities, whether in person or online, is strictly prohibited without the prior written consent of an authorization from Arul Goldman, owner of PoleArity Palace, instructors are not authorized to provide consent. This includes even a temporary recording/transmission online class via online modes including but not limited to platforms such as SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a PoleArity Palace’s online or studio class before and/or after a class with the consent of each participant who is identified in your content.
Any violation of this non-recording agreement is grounds for exclusion from participation in any PoleArity Palace’s activities and forfeiture of any membership and or pre-purchased classes. You further agree to indemnify, defend, and hold harmless PoleArity Palace’s its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.
16. GOVERNING LAW. These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the State of New York, New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
17. LOCAL LAWS. PoleArity Palace makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. PoleArity Palace is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
18. CLASS ACTION WAIVER. You and PoleArity Palace each further agree that any legal claims shall be conducted in our respective individual capacities only and not as a class, collective, or representative (“Class”) action, and you and PoleArity Palace each expressly waive our respective right to file a Class action or seek relief on a Class basis. If any court or determines that the Class action waiver set forth in this paragraph is void or unenforceable for any reason Governing Law in paragraph 15 remains.
19. INDEMNIFICATION
You agree to release, indemnify, and defend PoleArity Palace and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
20. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to PoleArity Palace’s Privacy Policy, and is not confidential.
21. CODE OF CONDUCT/NON-HARASSMENT POLICY: PoleArity Palace is dedicated to ensuring a respectful and safe environment, free of harassment, bullying, and discrimination, for team members and clients alike. Anyone who does not uphold these standards or who is not compliant with health and safety regulations and studio policies may be asked to leave and no longer permitted on the premises.
PoleArity Palace disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. We do not tolerate any type of discrimination and/or harassment. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any PoleArity Palace personnel, including while participating in a PoleArity Palace At-Home Individual or Group Class, at a PoleArity Palace studio, or any other PoleArity Palace-related context, we encourage you to promptly notify a member of the PoleArity Palace team at info@polearitypalace.com
When making a report or complaint, we strongly recommend that you provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify if it’s in person or virtual or online), names of any one who may have witnessed it and any relevant details.
PoleArity Palace will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. PoleArity Palace responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations. PoleArity Palace strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.
22. ENTIRE AGREEMENT & NO WAIVER: The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on the Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision
23. ASSIGNMENT : You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
24. Your Consent To This Agreement: By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms and the terms as set forth in the Privacy Policy (LINK PRIVACY POLICY). If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to: info@polearitypalace.com