TERMS OF USE

E-COMMERCE TERMS OF USE 

Last updated on May 27 2022 

This website, https://www.alignmentdancearts.com (“Site”) is owned and operated by Alignment Dance  Arts Incorporated, a Dance Studio operating under the laws of Prince Edward Island, Canada. In these  Terms, “Company”, “we”, “us” and “our” refer to Alignment Dance Arts and the terms “you” or “your”  refer to any individual user of our Site.  

NOTICE: These Terms contains important information regarding your rights and obligations, as well as  conditions, limitations and exclusions that might apply to you. Please read it carefully.  

You may not order or obtain products or services from this Site if you (i) do not agree to these Terms,  (ii) are not the age of majority in your province, state or territory of residence; or (iii) are prohibited  from accessing or using this Site or any of our Site’s contents, products or services by applicable law.  

By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be  bound by and comply with these Terms as well as our Privacy Policy and further agree you are the legal  age of majority in your jurisdiction to enter into a contract with us. If you do not meet these  requirements, you must stop using our Site.  

These Terms apply to your use of our Site and/or the purchase and sale of products through our Site.  These terms are subject to change by us at any time, and without notice to you. Any changes to these  Terms will be in effect as of the “Last Updated Date” above, and your continued use of our Site will  constitute your acceptance of and agreement to such changes.  

You can review our Site Privacy Policy HERE and we recommend you do so before  using and/or placing an order through our Site.  

SECURITY 

General 

You understand that unfortunately, the transmission of information via the internet is not completely  secure. Although we make commercially reasonable efforts to protect your information, we cannot  guarantee the security of your personal information transmitted to our Site. Any transmission of personal  information is at your own risk. We are not responsible for circumvention of any privacy settings or  security measures contained on our Site. 

Security 

If at any time you are required to create a username and password to access our Site, it is your  responsibility to protect your username and password from theft or any other means of unauthorized  use that would violate these Terms. If you become aware that your password has been compromised  or your account has been breached, it is your responsibility to notify us immediately by sending an  email to info@alignmentdancearts.com  

Use of Third-Party Applications 

In order to run our Site and provide our services, we use a number of third-party applications, such as  for processing payment and shipping, delivering electronic newsletters, etc. For more information as to  how your personal information is collected, stored and processed, please refer to our Privacy Policy. You  understand it is your responsibility to review the terms of use for any third-party applications we use on  our Site. If you do not agree with the terms of use for any third-party application used by our Site, please  discontinue use of our Site and services immediately.  

Confidentiality  

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated,  such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty. 

Your Communication with Us 

By submitting a comment, photo, video or other materials to our Site or any other platform owned or  maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in  whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no  duty of privacy or confidentiality to you by accessing our Site.  

Any communications made through our contact form, blog comments, social media pages or other  related pages, or directly to our phone(s), mailing or email addresses is not held privileged or  confidential and may be subject to viewing and/or distribution by third-parties. We own any and all  communications displayed on our website, servers, comments, emails, or other media as permitted  under law and will not give credit or pay royalties for unsolicited user-generated content such as blog  comments or emails. For more information on when and how we store and use your communications or  any information provided by you in those communications, please refer to our Privacy Policy.  

We maintain the right to republish any communication or submission, in whole or in part, as reasonably  necessary in the course of our business. You agree not to submit any content or communications that  contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not  limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent,  or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access  to our Site as a result of any such behaviour that we deem inappropriate.  

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking,  introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would  harm the functionality of, or jeopardize the security of our Site. We will immediately report any such  breach or what we deem in our discretion to be harmful activities to the relevant law enforcement  authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims,  liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these  Terms.  

ONLINE SALE OF GOODS AND SERVICES 

Acceptance and Cancellation 

You agree that your order is an offer to buy all products and services listed in your order, and is subject  to these Terms. All orders must be accepted by us or we will not be obligated to sell the products or  services to you. We may choose not to accept orders at our sole discretion, even after we send you a  confirmation email with your order number and details of the items you’ve ordered.  

Prices 

Prices are as listed on our Site and in CDN dollars. We reserve the right to change our prices at any time  and without notice. The price charged for a product or service will be the price advertised on our Site at  the time the order is placed, subject to the terms of any promotions or discounts that may be  applicable. The price charged will be clearly stated in your order confirmation email. If the price of any  product or service is increased, that price increase will only apply to orders placed after the time that  increase is listed on our Site. All prices are exclusive of taxes and/or charges for shipping and/or  handling, with such taxes and charges to be added to your total price and clearly itemized in your cart  on the order page and clearly set out in your order confirmation email.  

Payment Method 

Payment is required to be received by us before our acceptance of your order. We accept all major  approved credit cards, Debit, E-transfer, Cash, Cheque and ApplePay for all purchases. You represent  and warrant that (i) the credit card information you supply to us is true, correct and complete; (ii) you  are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored  by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices,  including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted  on our Site at the time of your order.  

Shipping and Delivery

We will arrange for shipment of products to you. Delivery options are set out after confirmation of  purchase. You agree to pay all shipping and handling charges, including any additional duties owing,  unless otherwise specified in your order confirmation.  

Errors 

While we strive to display accurate price information, there is the potential we occasionally make errors,  inaccuracies or omissions related to pricing and availability on our Site. We reserve the right to correct  any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.  

RETURNS AND REFUNDS 

Return Policy 

NO REFUNDS We do not provide refunds. You understand and agree that all purchases from our Site our  final sale. All exchanges will be made on a case by case basis at the discretion of the directors. 

Return Shipping Policy 

You are responsible for all shipping and handling charges on return items. You bear the risk of loss  during shipment. As such, we strongly recommend that you fully insure your return shipment against  loss or damage and that you use a carrier that can provide you with proof of delivery for your  protection.  

Chargebacks  

You agree to make every attempt to request a refund prior to attempting a chargeback with your  financial institution or any third party payment processor we use to process payment on our Site. We  reserve the right to present proof of your access and these Terms any third party investigating the  dispute. We reserve the right to recover any of our of our costs and expenses, including legal fees, in the  event we are successful in disputing any chargeback you initiate.  

ASSUMPTION OF RISK, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

Assumption of Risk 

Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and  purchase of any services, or items found or attained through this Site is at your own risk.  

Manufacturer’s Warranty  

We do not manufacture or control any of the products offered on our Site. The availability of products  or services through our Site does not indicate an affiliation with or endorsement of any product,  service or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to  the products or services offered on our Site, however, the products offered on our Site may be  covered by the manufacturer’s warranty as detailed in the products description on our Site and  included with the product. To obtain warranty service for defective or faulty products, please follow  the instructions included in the manufacturer’s warranty.  

Disclaimer 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY  WARRANTY OR CONDITION WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR  CONDITION; (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST  INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR  IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR  OTHERWISE.  

SOME JURISDICITIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS  AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  

YOU EXPRESSLY ACKNOWLEDGE, AGREE AND CONFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY  CIRCUMSTANCES FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES  ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.  

Limitation of Liability  

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL  COMPANY NOR, WHERE APPLICABLE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE  DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,  LICENSEES, SUPPLIERS, OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR  NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH,  DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL  INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF  BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND  WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY,  OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING  OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, 

ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT,  MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR  HAD REASON TO KNOW. 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE  REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU  FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.  

Release, Indemnity and Waiver 

To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold  harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards,  losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your  breach of these Terms or your use of our Site, including but not limited to any user submissions, third party sites, any use of our Site’s content or materials, services and products other than as expressly  set out in these Terms.  

Not for Resale 

You represent and warrant to us that you are buying products or services from our Site for your own  use only and not for resale or export.  

Third Party Disclaimer 

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of  any other third-party participant or user, including you. 

Technology Disclaimer  

We make reasonable efforts to provide you with modern, reliable technology, software, and  platforms from which to access our Site. In the event of a technological failure, you accept and  acknowledge that we are not in any way responsible or liable for said failure and any resulting  damages to you or your business. While we will make reasonable efforts to support you, some  technological issues are outside our control and you may need to access support from a third-party  provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete,  appropriate, or error-free, that defects will be corrected, or that any part of the Site are free of viruses  or other harmful components. We do not warrant or make any representations regarding the use or  the results of the use of our Site or related materials, or on third-party websites in terms of their  correctness, accuracy, timeliness, reliability, or otherwise. 

Affiliates 

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any  and all liability as a result of your purchase through one of the links, including but not limited to, the  delivery, quality and safety of the purchased product or service. We will use reasonable efforts to 

notify you when and where we have placed affiliate links in addition to this disclaimer located in  these Terms. You accept express liability for any and all consequences or benefits of clicking the  affiliate links contained on our Site or related communications. You agree it is your obligation to read  the terms and conditions for any affiliate site, services or products.  

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS 

Ownership of Intellectual Property 

You understand and agree that the Site and its entire contents, features, and functionality, including,  but not limited to, all information, software, code, data text, displays, graphics, photographs, images,  video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are  owned by us, its licensors, or other providers of such material and are protected in all forms by  

intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and  any other proprietary rights.  

We take copyright infringement seriously. Our company name, trademark(s) (whether registered or  not), our logo and all related names, product and service names, designs, images, and slogans are our  trademarks. You must not use such marks without our prior written permission. Other names, logos,  product and service names, designs, images, and slogans mentioned, or which appear on our Site are  the trademarks of their respective owners. Use of any such property, except as expressly authorized,  shall constitute an infringement or violation of the rights of the property owner and may be a violation  of federal or other laws and could subject you to legal action. 

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly  reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly  display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any  form or medium whatsoever except:  

your computer and browser may temporarily store or cache copies of materials being accessed and  viewed; 

a reasonable number of copies for personal use only may be printed as long as our proprietary and  copyright notices are kept intact, which may only be used for non-commercial and lawful personal use  and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;  

in the event social media platforms are linked to certain content on our Site, you may take such actions  as our Site and such third-party social media platforms permit.  

Users are not permitted to modify copies of any materials from this Site nor delete or alter any  copyright, trademark, or other proprietary rights notices from copies of materials from this site. You  must not access or use for any commercial purposes any part of our Site or any services or materials  available through the Site 

If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the  Site will cease immediately and you must, at our option, return or destroy any copies of the materials  you have made. You have no right, title, or interest in or to the Site or to any content on our Site, and all 

rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these  Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other  intellectual property or other proprietary laws. 

GENERAL 

Privacy 

We respect your privacy. Our Privacy Policy HERE sets out how  we collect, store, process and protect any of your data collected through our site and when you  purchase a product from our Site. 

Force Majeure 

Any delay or failure of either Party to perform its obligations under this Agreement will be excused to  the extent that the delay or failure was caused directly by an event beyond such Party's control, without  such Party's fault or negligence and that was unforeseeable or unavoidable (which events may include  natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, or acts of terrorism) (each,  a "Force Majeure Event"). The party relying on this clause will give the other party written notice as  soon as possible of any event or circumstance that is reasonably likely to result in a Force Majeure  Event, and the anticipated duration of such Force Majeure Event. The party relying on this clause (the  “Affected Party”) will use all diligent efforts to mitigate and end the Force Majeure Event, ensure that  the effects of any Force Majeure Event are minimized and resume full performance under this  Agreement. During the Force Majeure Event, the non-affected Party may similarly suspend its  performance obligations until such time as the Affected Party resumes performance. The non-affected  Party may terminate this Agreement if such failure or delay continues for a period of 60 consecutive  days or more and, if the non-affected Party is Company, receive a refund of any amounts paid to the  Influencer in advance for the affected services. 

Termination of Your Use 

If at any time we believe that you have violated these Terms, we shall immediately terminate your  use of our Site and any related communications as we deem appropriate and in our sole discretion. At  any time, we may block or revoke your access of our Site at any time without notice, and if necessary,  block your IP address from further visits to our Site.  

Full Agreement 

You acknowledge that these Terms, together with our general Website Terms of Use and our Privacy  Policy constitute the full agreement relating to your use of the Site and any purchases from our Site.  

Governing Law and Jurisdiction 

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the  laws of Prince Edward Island and the federal laws of Canada where applicable. Any disputes arising 

directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of  Stratford, PE. 

Severability 

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity,  legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any  way be affected and will remain enforceable. 

Assignment 

You may not assign any of your rights or obligations under these Terms without our prior written  consent.  

Notice 

We may provide any notice to you under these Terms by (i) sending you a message to the email you  provide to us and consent to us using; or (ii) by posting to our Site. Notices sent by email will be effective  when we send the email, and notices we provide by posting will become effective upon posting. It is  your responsibility to keep your email address up-to-date.  

If you need to provide us notice under these Terms, you can do so by sending it to  info@alignmentdancearts.com or by personal delivery via registered mail to: 45 Hollis Ave, C1B4A1,  Stratford PE. Notices provided to us by will be effective when it is sent. Notices sent by registered mail  will be effective three business days after they are sent.  

All Rights Reserved 

We reserve the right to update and change these Terms at any time and it is your responsibility to  review these Terms periodically. You can review the most current version of our Terms at any time by  visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of  any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of  Use and/or our Privacy Policy are expressly reserved by us.  

Contact 

If you have any questions about these Terms, please send an email to: info@alignmentdancearts.com