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TERMS OF USE

Welcome to the web site operated by Spirit of Women Health Network, LLC / Spirit Health Group. The www.dayofdance.org website and other web sites of Spirit Health Group and its affiliates (collectively, the “Web Sites”) provide general information about Spirit Health Group free of charge to business users in the United States.

All users of the Web Sites are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of these Web Sites. By accessing or using these Web Sites, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Spirit Health Group Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of these Web Sites.

TERMS OF USE MAY CHANGE
Spirit Health Group may revise and update these Terms of Use at any time by posting the amended terms to these Web Sites. Your continued use of the Web Sites means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with these Web Sites, your sole and exclusive remedy is to discontinue using these Web Sites.

USE OF THE WEB SITES

You agree to use the Web Sites only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Sites any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Sites any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Sites by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Sites); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Sites, or which, as determined by Spirit Health Group, may harm SHG or users of the Web Sites or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Web Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by Spirit Health Group, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Spirit Health Group. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Spirit Health Group, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Sites, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Sites. You grant to Spirit Health Group the right to use all content you upload or otherwise transmit to the Web Sites in any manner Spirit Health Group chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) Spirit Health Group reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Sites which SHG, in its sole discretion, deems inconsistent with the foregoing commitments, including any material SHG has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Web Sites. However, Spirit Health Group can neither review all material before it is posted on the Web Sites nor ensure prompt removal of objectionable material after it has been posted. Spirit Health Group reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request.  Accordingly, Spirit Health Group assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Spirit Health Group reserves the right to take any action it deems necessary to protect the personal safety of users of these Web Sites and the public; however, Spirit Health Group has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Web Sites and may expose you to civil and/or criminal liability.

COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of these Web Sites (including all information, software, text, displays, page headers, images,  illustrations, graphics, photographs, audio clips, video clips, text, artwork, images, software and HTML code) and the design, selection and arrangement thereof (collectedly “Content”), are proprietary to Spirit Health Group or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the Content for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Spirit Health Group. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content on this site without the prior written consent of Spirit Health Group, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Sites; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any Content in these Web Sites is transferred to you, but remain with Spirit Health Group or the applicable owner of such Content. Except as expressly authorized by Spirit Health Group in writing, you may not reproduce, sell or exploit for any commercial purposes (x) any part of these Web Sites, (y) access to these Web Sites or (z) use of these Web Sites or of any services or materials available through these Web Sites.

TRADEMARKS
The terms “Spirit Health Group,” “Spirit of Women,” and their corresponding logos and all related product and service names, designs and slogans are trademarks of Spirit Health Group. You may not use such marks without Spirit Health Group’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DEALINGS WITH MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through these Web Sites, you acknowledge and agree that Spirit Health Group is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Spirit Health Group will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on these Web Sites.

LIABILITY OF SPIRIT HEALTH GROUP AND ITS LICENSORS
Spirit Health Group does not assume any liability for the Content on, or available through, the Web Sites. Reliance on the Content is solely at your own risk. Spirit Health Group disclaims any liability for injury or damages resulting from the use of any Content.

THE WEB SITES, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THESE WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER SPIRIT HEALTH GROUP NOR ANY PERSON ASSOCIATED WITH SPIRIT HEALTH GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SPIRIT HEALTH GROUP WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER SPIRIT HEALTH GROUP NOR ANYONE ASSOCIATED WITH SPIRIT HEALTH GROUP WARRANTS OR REPRESENTS THAT THE SPIRIT HEALTH GROUP WEB SITE, THE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THESE WEB SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SPIRIT HEALTH GROUP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SPIRIT HEALTH GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL SPIRIT HEALTH GROUP OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SPIRIT HEALTH GROUP WEB SITE, THE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THESE WEB SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITES OR THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY SPIRIT HEALTH GROUP AND WHETHER OR NOT SPIRIT HEALTH GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES

INDEMNIFICATION
You agree to indemnify and hold harmless Spirit Health Group and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Web Sites or the delivery of products, services or information over the Web Sites, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Web Sites or any products, services or information obtained from these Web Sites.

PRIVACY; PROTECTION OF PERSONAL INFORMATION
Spirit Health Group’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy which is located at Privacy Policy and is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
Spirit Health Group welcomes your comments. All comments, suggestions or other information sent by you to these Web Sites for internal use by Spirit Health Group or its advertisers or business partners or in response to solicitations on these Web Sites, will become Spirit Health Group’s property, and you agree that all intellectual property rights therein are transferred to Spirit Health Group. You understand that any postings to publicly available portions of the Web Sites are non-confidential for all purposes.

LINKS TO OTHER SITES
The Web Sites may contain links to other web sites on the Internet. Spirit Health Group is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the Web Sites or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

COMPLIANCE
The owner of these Web Sites is based in the State of Florida, USA. Spirit Health Group makes no representation that materials in these Web Sites are appropriate or available for use in other locations. If you access these Web Sites from other locations, you are responsible for complying with local laws.

DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe in good faith that any Content appearing on the Web Sites infringes your copyright, you may send Spirit Health Group a notice that the infringing content should be removed or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. Sec. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Web Sites is covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow the Spirit Health Group to locate the material;
  • The name, address, telephone number and email address (if available) of the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Also, be aware that there may be penalties for false claims under the DMCA.
The Spirit Health Group copyright agent may be reached at:
Spirit Health Group
Attention: Law Department
2424 N. Federal Highway, Suite 100
Boca Raton, FL 33431

MISCELLANEOUS
These Terms of Use will be governed in all respects by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Spirit Health Group with respect to the Web Sites, and no other terms that may have been communicated to you orally or in any other manner will have any force or effect. Any cause of action you may have with respect to the Web Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Sites will be in the state or federal courts located in Florida. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part will be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use will remain in full force and effect.

Spirit Health Group’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Spirit Health Group nor any trade practices will be deemed to modify these Terms of Use.

Effective Date:  10/01/2015

 

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