Event Terms & Conditions

REFUND POLICIES

The Dance Combine: In-Person Dancer Passes

By Purchasing an in-person Pass to the 2024 TRIBE 99 Recruiting Events in Phoenix, AZ, All Parents of Participants Agreed to the terms and conditions of this page as follows: 

I am the parent/legal guardian and I approve of this transaction.

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel an event due to low enrollment or other circumstances which would make the event non-viable. If TRIBE 99 cancels an event, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal). If in the case TRIBE 99 shifts the event to a virtual setting for the safety of all those attending, the event will still be held on the same weekend.

Registration Cancellation by Participant: 

Refundable Ticket (Pre-Purchase Only)

All sales are non-transferrable to other individuals as well as future TRIBE 99 events. For refund requests received on or before February 23, 2024, refunds will be issued for $350 (The Dance Combine Ticket Pass Price). 

The additional monies paid for the Elite Experience Pass or the Premium Experience Pass above the $350 Combine Pass price are non-refundable.

 The $75 refundable ticket payment + 3.49% Credit Card Processing Fee will be retained by TRIBE 99 to cover processing a waitlisted dancer as a replacement.

Beginning February 24, 2024, no refunds will be issued regardless of ticket purchased. This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), airline delays/cancellations, as well as conflicting life events. No exceptions.

Refundable Tickets cannot be purchased after initial event ticket purchase. If the event is rescheduled, all purchases will be honored for the rescheduled event date or may be refunded in full, less $75 + Credit Card Processing Fee. If the event is canceled, all purchases will be refunded in full.

After submitting your refund request via the link shared in your receipt, on or before February 23, 2024, please allow up to fourteen (14) business days to process your refund request.

Refundable Ticket (Pre-Purchase Only) - Downgrade from In-Person to the Gold Experience (At Home) Pass

For downgrade requests from In-Person to the Gold Experience (At Home) received on or before February 23, 2024, a refund will be issued for $200 (the difference in the pass prices from in-person to virtual). The $75 refundable ticket payment + 3.49% Credit Card Processing Fee will be retained by TRIBE 99 to cover processing a waitlisted dancer as a replacement.

After submitting your downgrade request, on or before February 23, 2024, please allow up to fourteen (14) business days to process your refund request.

For any downgrade requests from In-Person to Gold Experience (At Home) received beginning on February 23, 2024, no refunds will be issued regardless of ticket purchased. This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), as well as conflicting life events. No exceptions.

Once an in-person pass holder downgrades to a Gold Experience Pass, all Gold Experience Terms and Conditions will apply.

Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals as well as future TRIBE 99 events.

For any downgrade requests from In-Person to Virtual, no refunds for the difference in ticket price will be issued.

If the event is rescheduled, all purchases will be honored for the next event date.

If the event is canceled by TRIBE 99, all purchases will be refunded in full.

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), airline delays/cancellations, as well as conflicting life events. Refundable Tickets cannot be purchased after initial event purchase. No exceptions.

CERTIFICATION OF PHYSICAL FITNESS TO PARTICIPATE:    1) I Understand That A Risk Of Participating In Any Sport, Including Dancing At TRIBE 99 The Dance Combine and/or THE EXPO, Is The Risk Of Injury, Including But Not Limited To Serious Permanent Injury, Paralysis And Death. To Minimize The Risk Of Injury, I Agree To Tell My Child To Obey All Safety Rules And To Report Fully Any Problems Related To His/Her Physical Condition To The Workers As Soon As The Problem Begins.   2) By purchasing this pass, I Certify The Following: --- That My Child Is Not Currently Under The Care Of A Physician For An Injury Or Illness That Would Prevent His/Her Safe Participation In The Event; --- That My Child Is Not Currently Being Treated For Or Recovering From An Orthopedic Injury That Would Prevent His/Her Safe Participation --- That My Child Is In Good Health And There Is No Reason He Or She Cannot Safely Participate In Strenuous Physical Activity. Guardian (If under 18 years old).

RELEASE:   1) In Consideration For Allowing My Child’s Participation in TRIBE 99 The Dance Combine and/or THE EXPO, I Do Hereby Agree That I Am And Shall Be Responsible For All Costs Associated With Any Injury Or Loss That May Be Sustained By My Child As A Result Of His Or Her Participation At The Event. I Also Certify That I Have Health Insurance, Which Provides Adequate Coverage For Injuries Or Illness My Child May Sustain While Participating In The Event.   2) By me clicking the link below, I Also Agree To Release And Promise Not To Sue The State of Arizona, The State of Washington, or Tribe 99 Choreography LLC., Or Their Employees Or Agents, For Any Damages, Loss, Injury, Or Death Arising From My Child's Participation In TRIBE 99 The Dance Combine and/or THE EXPO, Unless Such Damages, Loss, Injury Or Death Are Caused By The Gross Negligence Or Intentional Gross Misconduct Of Such Employees Or Agents. 

CONSENTS:  1) By Clicking This Link, I Hereby Give Permission For Tribe 99 Choreography And Its Employees To Obtain Medical Treatment For My Child, in The Event Of Accident Or Illness During His/Her Presence At The Event.  2) I Hereby Give Consent To Have My Child Be Photographed Or Video - Or Audio-Taped During The Event, And I Agree That The Images So Obtained May Be Used For Educational, Promotional And Public Relations Purposes By  Tribe 99 Choreography. 3) I Hereby Give Consent for TRIBE 99 to share My Child's Contact Information to College Coaches in attendance at the event.

The full Terms of Service on this page also applies.

The Dance Combine - Gold Experience (At Home) Pass

By Purchasing a Gold Experience (at home) Pass to the 2024 TRIBE 99 Recruiting Events, All Parents of Participants, Agree to the terms and conditions of this page as follows:

I am the parent/legal guardian and I approve of this transaction.

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel an event due to low enrollment or other circumstances which would make the event non-viable. If TRIBE 99 cancels an event, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal). If in the case TRIBE 99 shifts the event to a fully virtual setting for the safety of all those attending, the event will still be held on the same dates.

Registration Cancellation by Participant: 

Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals as well as future TRIBE 99 events.

If the event is rescheduled, all purchases will be honored for the next event date.

If the event is canceled by TRIBE 99, all purchases will be refunded in full.`

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), as well as conflicting life events.

CERTIFICATION OF PHYSICAL FITNESS TO PARTICIPATE:    1) I Understand That A Risk Of Participating In Any Sport, Including Dancing At Home While Participating In The Dance Combine Gold Experience ("The Event"), Is The Risk Of Injury, Including But Not Limited To Serious Permanent Injury, Paralysis And Death. To Minimize The Risk Of Injury, I Agree To Tell My Child To Obey All Safety Rules And To Report Fully Any Problems Related To His/Her Physical Condition To Me As Soon As The Problem Begins.   2) By purchasing the pass, I Certify The Following: --- That My Child Is Not Currently Under The Care Of A Physician For An Injury Or Illness That Would Prevent His/Her Safe Participation In The Event; --- That My Child Is Not Currently Being Treated For Or Recovering From An Orthopedic Injury That Would Prevent His/Her Safe Participation --- That My Child Is In Good Health And There Is No Reason He Or She Cannot Safely Participate In Strenuous Physical Activity. 

RELEASE:   1) In Consideration For Allowing My Child’s Participation in TRIBE 99 The Dance Combine Gold Experience, I Do Hereby Agree That I Am And Shall Be Responsible For All Costs Associated With Any Injury Or Loss That May Be Sustained By My Child As A Result Of His Or Her Participation At The Event. I Also Certify That I Have Health Insurance, Which Provides Adequate Coverage For Injuries Or Illness My Child May Sustain While Participating In The Event.   2) By me clicking the link below, I Also Agree To Release And Promise Not To Sue The State of Arizona, The State of Washington, or TRIBE 99 Choreography LLC., Or Their Employees Or Agents, For Any Damages, Loss, Injury, Or Death Arising From My Child's Participation In TRIBE 99 The Dance Combine Gold Experience Unless Such Damages, Loss, Injury Or Death Are Caused By The Gross Negligence Or Intentional Gross Misconduct Of Such Employees Or Agents. 

CONSENTS:  1) By Clicking This Link, I Hereby Give Consent To Have My Child Be Photographed Or Video-Taped - Or Audio-Taped During The Event, And I Agree That The Images So Obtained May Be Used For Educational, Promotional And Public Relations Purposes By  TRIBE 99 Choreography. 2) I Hereby Give Consent for TRIBE 99 to share My Child's Contact Information to College Coaches in attendance at the event.

The full Terms of Service on this page also applies.

The Dance Combine -  Private Lessons

By Purchasing a Private Lesson to the 2024 TRIBE 99 Recruiting Events, All Parents of Participants, Agree to the terms and conditions of this page as follows:

I am the parent/legal guardian and I approve of this transaction.

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel the Private Lesson(s) due to low enrollment or other circumstances which would make the Lessons non-viable. If TRIBE 99 cancels a Private Lesson, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal).

Registration Cancellation by Participant: 

Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals as well as future TRIBE 99 events.

If the The Dance Combine is rescheduled, all purchases will be honored for the next event date.

If the The Dance Combine is canceled by TRIBE 99, all purchases will be refunded in full. 

In the event that a dancer is absent from the scheduled lesson, they will relinquish their eligibility to participate. Whether a rescheduled lesson is permitted will be determined at the discretion of the Private Lesson instructor.

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), as well as conflicting life events.

CERTIFICATION OF PHYSICAL FITNESS TO PARTICIPATE:    1) I Understand That A Risk Of Participating In Any Sport, Including Dancing, Is The Risk Of Injury, Including But Not Limited To Serious Permanent Injury, Paralysis And Death. To Minimize The Risk Of Injury, I Agree To Tell My Child To Obey All Safety Rules And To Report Fully Any Problems Related To His/Her Physical Condition To Me As Soon As The Problem Begins.   2) By purchasing a Private Lesson, I Certify The Following: --- That My Child Is Not Currently Under The Care Of A Physician For An Injury Or Illness That Would Prevent His/Her Safe Participation In a Private Lesson; --- That My Child Is Not Currently Being Treated For Or Recovering From An Orthopedic Injury That Would Prevent His/Her Safe Participation --- That My Child Is In Good Health And There Is No Reason He Or She Cannot Safely Participate In Strenuous Physical Activity. 

RELEASE:   1) In Consideration For Allowing My Child’s Participation in a Private Lesson, I Do Hereby Agree That I Am And Shall Be Responsible For All Costs Associated With Any Injury Or Loss That May Be Sustained By My Child As A Result Of His Or Her Participation. I Also Certify That I Have Health Insurance, Which Provides Adequate Coverage For Injuries Or Illness My Child May Sustain While Participating In a Private Lesson.   2) By me clicking the link below, I Also Agree To Release And Promise Not To Sue The State of Arizona, The State of Washington, or TRIBE 99 Choreography LLC., Or Their Employees Or Agents, For Any Damages, Loss, Injury, Or Death Arising From My Child's Participation In TRIBE 99 The Dance Combine Private Lesson, Unless Such Damages, Loss, Injury Or Death Are Caused By The Gross Negligence Or Intentional Gross Misconduct Of Such Employees Or Agents. 

CONSENTS:  1) By Clicking This Link, I Hereby Give Consent To Have My Child Be Photographed Or Video - Or Audio-Taped During the Private Lesson, And I Agree That The Images So Obtained May Be Used For Educational, Promotional And Public Relations Purposes By TRIBE 99 Choreography. 2) By Clicking This Link, I Hereby Give Consent To TRIBE 99 Sharing My Child's Contact Information With Pertinent TRIBE 99 Staff.

The full Terms of Service on this page also applies.

The Dance Combine - Coach Pass

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel an event due to low enrollment or other circumstances which would make the event(s) non-viable. If TRIBE 99 cancels an event, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal). If in the case TRIBE 99 shifts the event to a virtual setting for the safety of all those attending, the event will still be held on the same weekend.

Registration Cancellation by Participant: 

Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals, other offerings, as well as future TRIBE 99 events. If the event is rescheduled, all purchases will be honored for the next event date. If the event is canceled by TRIBE 99, all purchases will be refunded in full.`

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), airline delays/cancellations, as well as conflicting life events.

Refunds will not be available for registrants who choose not to attend an event. Passes cannot be rolled over to the next year or transferred to another coach.

RELEASE:   1) In Consideration For Participation in TRIBE 99 The Dance Combine and/or THE EXPO, I Do Hereby Agree That I Am And Shall Be Responsible For All Costs Associated With Any Injury Or Loss That I May Sustain As A Result Of My Participation At The Recruiting Events. I Also Certify That I Have Health Insurance, Which Provides Adequate Coverage For Injuries Or Illness I May Sustain While Participating In The Recruiting Events.   2) By me clicking the link below, I Also Agree To Release And Promise Not To Sue The State of Arizona, The State of Washington, or Tribe 99 Choreography LLC., Or Their Employees Or Agents, For Any Damages, Loss, Injury, Or Death Arising From My Attendance at The Dance Combine and/or THE EXPO, Unless Such Damages, Loss, Injury Or Death Are Caused By The Gross Negligence Or Intentional Gross Misconduct Of Such Employees Or Agents. 

CONSENTS:  1) I Hereby Give Consent To Be Photographed Or Video-taped - Or Audio-Taped During The Event, as a representative of my institution/university, And I Agree That The Images So Obtained May Be Used For Educational, Promotional And Public Relations Purposes By Tribe 99 Choreography. 

The full Terms of Service on this page also applies.

Dancer Playback Videos; Program of the Week; Table Reservation

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel any product offering due to low enrollment or other circumstances which would make the product non-viable. If TRIBE 99 cancels a product offerings, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal). If in the case TRIBE 99 shifts the recruiting events to a virtual setting for the safety of all those attending, the dancer playback videos will still be shared post event; any updated program of the week email blasts will be communicated to the purchasing party; and Table Reservations will be refunded back to the registrant. 

Registration Cancellation by Participant: 

 Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals, other offerings, as well as future TRIBE 99 events. If the event is rescheduled, all purchases will be honored for the next event date. If the event is canceled by TRIBE 99, all purchases will be refunded in full.`

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), airline delays/cancellations, as well as conflicting life events.

Refunds will not be available for registrants who choose not to attend an event. Passes cannot be rolled over to the next year or transferred to another coach.

Program of the Week

Please note: In order to plan for all of our featured programs prior to The  Dance Combine 2024, TRIBE 99 reserves the right to dictate the Featured Program dates. Coaches will need to submit all necessary items for their feature by the requested submission deadline. No Exceptions - we appreciate your understanding!

The full Terms of Service on this page also applies.

The Dance Combine - Observer and/or Seminar Pass

Cancellation by TRIBE 99: TRIBE 99 reserves the right to cancel an event due to low enrollment or other circumstances which would make the event non-viable. If TRIBE 99 cancels an event, registrants will be offered a refund. Refunds will be issued on the same platform that was used for payment (Paypal). If in the case TRIBE 99 shifts the event to a virtual setting for the safety of all those attending, the event will still be held on the same weekend. Observer/Seminar passes will still be honored for the virtual event.

Registration Cancellation by Participant: 

Non-Refundable Ticket

All sales are non-refundable, and non-transferrable to other individuals as well as future TRIBE 99 events. If the event is rescheduled, all purchases will be honored for the next event date. If the event is canceled by TRIBE 99, all purchases will be refunded in full.`

This refund policy will apply regardless of family emergencies, injuries, illness (including COVID-19), airline delays/cancellations, as well as conflicting life events.

Refunds will not be available for observers who choose not to attend an event. Passes cannot be rolled over to the next year.

RELEASE:   1) In Consideration For Participation in TRIBE 99 The Dance Combine and/or THE EXPO, I Do Hereby Agree That I Am And Shall Be Responsible For All Costs Associated With Any Injury Or Loss That I May Sustain As A Result Of My Participation At The Recruiting Events. I Also Certify That I Have Health Insurance, Which Provides Adequate Coverage For Injuries Or Illness I May Sustain While Participating In The Recruiting Events.   2) By me clicking the link below, I Also Agree To Release And Promise Not To Sue The State of Arizona, The State of Washington, or Tribe 99 Choreography LLC., Or Their Employees Or Agents, For Any Damages, Loss, Injury, Or Death Arising From My Attendance at The Dance Combine and/or THE EXPO, Unless Such Damages, Loss, Injury Or Death Are Caused By The Gross Negligence Or Intentional Gross Misconduct Of Such Employees Or Agents.

CONSENTS:  1) I Hereby Give Consent To Be Photographed Or Video-taped - Or Audio-Taped During The Event, And I Agree That The Images So Obtained May Be Used For Educational, Promotional And Public Relations Purposes By Tribe 99 Choreography. 

The full Terms of Service on this page also applies.

TRIBE 99 Merchandise

Shipping Policy: 

Orders will not be shipped directly to customer if the merchandise orders are delivered to the customers on-site. Customer must determine their own means of merchandise pick-up if they can no longer attend an event.

Refund Policy:

All merchandise purchases are final, and in no event will there be refunds, exchanges, or credits for merchandise purchases.

In the event that a merchandise item is canceled due to the minimum number order needed to print, TRIBE 99 will refund the merchandise purchase amount in full.

TERMS OF SERVICE

Welcome to www.tribe99choreography.mykajabi.com, the website and online service of TRIBE 99 choreography, LLC (“TRIBE 99,” “we,” “our” or “us”). This page explains the terms by which you may attend the TRIBE 99 Recruiting Events, The Dance Combine or THE EXPO; use our online and/or mobile services, website, and software and any other content provided on or in connection with our services (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms” or this “Agreement”) and to the collection and use of your information as set forth in this Agreement and in the TRIBE 99 Privacy Policy, which is available at the bottom of this page, whether or not you are also a registered user of our Service. TRIBE 99 reserves the right to make unilateral changes or additions to these Terms. Any such changes or additions will be reflected by an update of this posting. Please check these Terms periodically for changes. Your continued use of the Service following the posting of changes to these terms (including the TRIBE 99 Privacy Policy ) will mean you accept those changes. This Agreement applies to all visitors, users, and others who access the Service (“Users”). If you do not agree with these Terms, please do not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. USE OF OUR SERVICE

To help our clients achieve success, TRIBE 99 provides a platform for dancers, parents, high school coaches, studio owners, and college coaches, to prepare for the dance combine, share contact information to build relationships and provide and receive certain information.

2. ELIGIBILITY

These Terms and your use of the Service forms a contract between you and TRIBE 99. Your use of the Service confirms that you have read and agreed to these Terms before using the TRIBE 99 Service or expressly waived the opportunity to do so. If you do not agree to the Terms, you may not use the Service. In addition, you may use the Service only if you can form a binding contract with TRIBE 99, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not be used by any Users previously removed from the Service by TRIBE 99.

3. TRIBE 99 SERVICE

The content and materials, or “Intellectual Property”, contained within the Service are either owned by or licensed to TRIBE 99. All intellectual property created and/or delivered to you by TRIBE 99 shall remain the exclusive property of TRIBE 99 and are protected under the United States copyright laws. You shall not have the right to reproduce, distribute, sell, make derivative works, transfer, license or otherwise provide or make available to any third parties any intellectual property owned or controlled by TRIBE 99.  Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of TRIBE 99 and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Service is a violation of TRIBE 99’s copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of TRIBE 99’s available remedies, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or service if TRIBE 99 or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service and in accordance with applicable law. TRIBE 99 reserves all rights not expressly granted herein in the Service and the TRIBE 99 Content (as defined below). TRIBE 99 may terminate your license at any time for any reason or no reason or withdraw from providing the Service entirely or any component of the Service at any time.

4. TRIBE99Choreography.mykajabi ACCOUNTS

Your TRIBE99Choreography.mykajabi account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are a coach or employee of a university or other institution, you agree that you will only open a TRIBE 99 account on behalf of such university, institution, company, organization, or other entity, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

In the event the coach or employee with the foregoing authorization leaves the institution that (s)he created such account for, the institution will have thirty (30) days to transfer ownership and control of such account, including any data or User Content (as defined below) that has previously been created or uploaded by such User.

You may never use another User’s account without permission. You may never share your User account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify TRIBE 99 immediately of any breach of security or unauthorized use of your account. TRIBE 99 will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings on your settings or profile page. By providing TRIBE 99 your email address you consent to our using the email address to send you Service-related and other notices, including any notices required by law, in lieu of communication by postal mail or other means. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, offers or other features of the Service.

5. SERVICE RULES

You shall use the Service for lawful purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) using the Service for any commercial solicitation purposes; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for your compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Service. You agree to indemnify and hold harmless TRIBE 99 of any liability that may arise from your violation of these rules and regulations.

We may, without prior notice, change the Service, or stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no specific reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other TRIBE 99 Users. We reserve the right, but have no obligation, to monitor the Service or any difference of opinion, disagreement or dispute between you and other Users. You shall be solely responsible for, and TRIBE 99 shall have no liability for, your interactions with other Users, or for any User’s action or inaction.

6. USER CONTENT

Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no copyright interest in any User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow us and others to access, view, edit, and/or share your User Content in accordance with your settings and this Agreement. TRIBE 99 has the right (but not the obligation) in its sole discretion at any time to remove any User Content that is shared via the Service.

You agree not to provide User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is infringing, illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets) or plagiarizes the work of another; (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school’s, governing body’s or other entity’s applicable policy, including those policies related to cheating or ethics or recruiting; or (x) contains material that is irrelevant to the use of or subject matter of the Service. You agree and confirm that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. TRIBE 99 reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TRIBE 99 to disclose personal information of anyone who submits materials that violates these Terms, in accordance with TRIBE 99 Privacy Policy.

TRIBE 99 also reserves the right, but is not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that TRIBE 99 believes, in its sole discretion, violates any of these provisions, any User Content that TRIBE 99 believes was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade name, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

• You have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

• You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties.

• Your User Content and TRIBE 99’s and other Users’ use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

• TRIBE 99 may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

TRIBE 99 takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You acknowledge that as a distributor (and not a publisher) of User content supplied by third parties and other Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other User of the Services, are those of the respective author(s) or publisher(s) and not of TRIBE 99. Neither TRIBE 99 nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that TRIBE 99 shall not be liable for any damages you allege to incur as a result of or relating to any User Content. Furthermore, under no circumstances will TRIBE 99 be liable for any loss or damage caused by your reliance on information obtained through the Service; it is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Service.

7. User CONTENT LICENSE GRANT

By providing or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to TRIBE 99 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and TRIBE 99’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

8. KAJABI MOBILE SOFTWARE

Kajabi Mobile Software. We may make available our content via the Kajabi software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Kajabi Mobile Software. TRIBE 99 does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. TRIBE 99 hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one TRIBE 99 account on one mobile device owned or leased solely by you, for your personal use. Kajabi Mobile App Terms and Conditions will apply.

9. TRIBE 99 PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “TRIBE 99 Content”), and all Intellectual Property Rights related thereto, are, as between you and TRIBE 99, the exclusive property of TRIBE 99 and its licensors (including other Users who provide User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any TRIBE 99 Content. Use of the TRIBE 99 Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TRIBE 99 under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, TRIBE 99 does not waive any rights to use similar or related ideas previously known to TRIBE 99, or developed by its employees, or obtained from sources other than you.

10. TEXT MESSAGING, PHONE CALLS, AND EMAILS

Consent to Receive Messages. From time to time, TRIBE 99 Staff, a coach or other User may wish to send you one or more messages via text, phone call, or email. By signing up for the TRIBE 99 Recruiting Events  and providing your mobile number, you agree to receive text messages from the participants of the Service.

You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

11. EVENT ADMITTANCE

In its sole discretion and without refund, TRIBE 99  reserves the right to refuse admittance to or expel from the Recruiting Events  anyone that it determines is behaving in a manner that could be disruptive to the Event or pose any danger to any other attendee. User consents and agrees that in such event, it shall not be entitled to a refund of any portion of amounts paid. Breach of any of the terms herein shall entitle TRIBE 99 to all available legal remedies.   

12. EVENT AMENDMENTS AND DISCLAIMER 

TRIBE 99 and any other organizer of the Recruiting Events reserve the right to make changes to the agenda, format, master instructors, location and any other aspect of the event without notice and without liability to User. TRIBE 99  may at any time, with or without giving notice, in its absolute discretion and without giving any reason, change, cancel or postpone the Recruiting Events, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, none of the Releases shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with The Recruiting Events unless they are satisfied not only that the money in question remains under their control, but also that the person who paid it has been unfairly prejudiced, about which the decision shall be in their sole and unfettered discretion and, when announced, final and conclusive.

14. MASTER INSTRUCTORS, PRIVATE LESSON INSTRUCTORS, COACHES, SPONSORS AND EXHIBITORS
    
    Views expressed by any attendee, college coach, instructor, speaker, exhibitor or sponsor at the Recruiting Events are their own. TRIBE 99 Events shall have no liability for advice given, or views expressed, by any attendee, speaker, exhibitor or sponsor at the Recruiting Events  or in any material provided to Users.  
    
    
15. PARTICIPANT DORMANCY  
    
    Participants of The Dance Combine agree remain active as an event participant by submitting required forms, responding to any necessary emails, text messages and phone call. TRIBE 99 may exercise the right to remove any participants who are deemed unresponsive to communication after 3 attempts without refund. Communication attempts may include (but are not limited to) emails, phone calls and text/SMS messaging.
    
    
16. FORCE MAJEURE 

TRIBE 99 shall not be held responsible or liable for any delay or failure in performance of its obligations hereunder (including the holding or hosting of the Recruiting Events) to the extent such delay or failure is caused by (i) storm, flood, fire, earthquake or other acts of God; (ii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest or violence; (iii) any disease, epidemic or pandemic, including novel coronavirus COVID-19 (together with any mutation, adaptation, or variation thereof), (iv) embargoes or blockades; (v) national or regional emergency; (vi) strikes, labor stoppages, or slowdowns or other industrial disturbances; (vii) any order or guidance from any governmental or quasi-governmental organization, including without limitation in regard to travel, public gatherings, or health and safety; (viii) disruptions in supply chains, hotel inventory, commercial air travel or other public transportation; (ix) failure of carriers or utilities or equipment beyond TRIBE 99 Events’ reasonable control; (x) unavailability of the venue through no fault of TRIBE 99 Events; or (xi) other similar causes beyond the reasonable control of TRIBE 99. In any such event, TRIBE 99 shall be entitled but not obliged to either provide alternative facilities or venue for the Recruiting Events and/or reschedule the Recruiting Events , without liability on the part of the TRIBE 99 Recruiting Events . If TRIBE 99 are unable to reschedule or rearrange the event, TRIBE 99 may cancel the Recruiting Events  on the part of the TRIBE 99. Refund policy will apply.

TRIBE 99 WEBSITE PRIVACY POLICY 

OUR COMMITMENT TO PRIVACY 

Visitors that are residents of California should refer to our separate California Privacy Policy located at the end of this policy. 

Your privacy is important to TRIBE 99 Choreography and its affiliates (together, “our,” “us,” “we” or “company”). To better protect your privacy, we are providing information explaining our online information practices. This Website Privacy Policy (this “Privacy Policy”) describes how we gather and use information for visitors of this website. Please read this Privacy Policy carefully. If you do not agree with any of the terms and conditions contained herein, please do not access or otherwise use this website. This Privacy Policy constitutes a legally binding agreement between us and you, the user of this website. By entering and using this website, you acknowledge your acceptance of, and agree to be bound by, the Privacy Policy stated herein, our Terms of Use and all additional terms incorporated by reference herein. If you do not agree to this Privacy Policy, please do not access or use this website. 

THE INFORMATION WE COLLECT AND HOW WE USE IT 

We may collect various types of information from users of this website. For example, knowing how users use our website – tracking their movement through this website – helps us improve website design and usefulness. As a result, our server may collect general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (IP) addresses. We generally do not, however, collect any personally identifiable information such as names, home addresses or email addresses from users of this website, unless a user submits such information to us. 

To the extent that you provide us with any personally identifiable information through or in connection with this website, we may use such information for our business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to us, you consent to our use of such personally identifiable information for the purposes described in this Privacy Policy. 

Unfortunately, the transmission of information and data via the Internet is not completely secure. Although we make an effort to protect your personal data, we cannot guarantee the security of any information or data transmitted to or through our website; any transmission of information or data by you to or through this website is at your sole risk. 

CAPACITY 

You represent to us that you have the authority to visit this website according to our Terms of Use. We do not knowingly encourage or solicit visitors to this website who are under the age of 18 or knowingly collect personal information from anyone under the age of 18 without parental consent. If we learn we have collected or received personal information from an individual under the age of 18 without parental consent, we will delete that information. 

COOKIES 

Information regarding how you access this website (e.g., browser type, access times and Internet Protocol (IP) address) and your hardware and software is automatically collected through the use of cookies (a small text file placed on your hard drive) or other technologies or tools. This information is used to improve website performance and for our business purposes. Where cookies are not necessary for us to provide the products or services you have requested or for the functioning of this website, we will ask you to consent to their use. You may opt-in to accept cookies automatically by changing the settings on your browser. If you opt-out of certain cookies, you may not be able to access certain parts of this website. You may wish to visit www.aboutcookies.org, which contains comprehensive information about types of cookies, how they are used and how you manage your cookie preferences.

You may access any personally identifiable information we have about you by contacting info@tribe99.com.

NOTIFICATION OF CHANGES 

We reserve the right to amend this Privacy Policy from time to time and for any reason, in our sole discretion, without notice, by updating this Privacy Policy. Accordingly, users are strongly encouraged to review our Privacy Policy regularly. If we decide to change our Privacy Policy, we will post those changes so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. If at any point we decide to collect personal information or use any collected information in a manner different from that stated at the time it was collected, we will notify users by posting changes on this page. We will use information only in accordance with the Privacy Policy under which the information was collected. Your continued access or use of this website following the posting of changes to this Privacy Policy means that you accept such revisions, changes and/or amendments. If you object to any of the changes to this Privacy Policy, please stop accessing this website. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you. 

MISCELLANEOUS 

The provisions in our Terms of Use are hereby incorporated by reference. 

CONTACT US 

If you have any questions or concerns about this Privacy Policy, please contact info@tribe99.com. 

CALIFORNIA WEBSITE PRIVACY POLICY 

This California Website Privacy Policy supplements the Website Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Website Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply. 

What does this California Website Privacy Policy apply to? 

This California Website Privacy Policy applies solely to your interactions with us through our Website (as defined below). If you provide personal information to use through another means (e.g., as an employee or seeking employment, as a client, or as an investor) you will receive a separate privacy notice and that notice will govern that personal information. 

What information do we collect about you? 

We collect limited types of personal information through our website and investor reporting portals, as well as through other electronic communications (e.g., emails), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on this Website over the last twelve (12) months include the following: 

•  Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address); 
•  Other customer records, such as telephone number and personal information provided in connection with obtaining account access; 
•  Commercial information, such as account data; 
•  Professional or employment-related information; 
•  Education information; and 
•  Internet or other electronic network activity information, such as information regarding your use of our Website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries. 

We do not knowingly collect or solicit personal information from anyone under the age of 18 without parental consent. 

How do we obtain your personal information? 

In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources: 

•  Information from your communications with us in connection with this Website, including any update notices provided by you. 
•  Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies. 

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context. 

How do we use your personal information? 

We will use your personal information for one or more of the following business purposes: 

•  To perform services for you. 
•  To improve our Website and the products and services that we offer and notify you about changes to our products and services. 
•  To communicate with you, including responding to requests for information submitted by you through our Website. 
•  To keep a record of your relationship with us. 
•  Ongoing operations, administrative, accounting, reporting, account maintenance and other processes. ● To audit and verify the quality and effectiveness of our services and compliance. 
•  To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity. ● To generally comply with U.S., state, local and non-U.S. laws, rules and regulations. 

Who do we share your personal information with? 

We do not sell any of the personal information we collect about you to third parties. 

We do not disclose any nonpublic personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to accountants, lenders, banks, auditors, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants, placement agents, attorneys, fund administrators, transfer agents, custodians or broker-dealers. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries. 

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in “What information do we collect about you?” 

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding or other disposition of all or a portion of our business, assets or shares. 

How do we keep your personal information secure? 

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use. 

Your rights under the CCPA 

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons. 

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes: 

•  the categories of personal information we collected about you; 
•  the categories of sources from which the personal information is collected; 
•  our business or commercial purpose for collecting such personal information; 
•  the categories of third parties with whom we share the personal information; 
•  the specific pieces of personal information we have collected about you; and 
•  whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained. 

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you. 

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below. 

Contact us 

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request at the following email address: info@tribe99.com. 

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact us at info@tribe99.com with any questions about this California Website Privacy Policy. 

TERMS OF USE 

These Terms of Use constitute a legally binding agreement between us and our affiliates (together, “us”, “our” or “we”) and you, the user of www.tribe99choreography.com  or www.tribe99choreography.mykajabi.com (the “Site”). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site. We reserve the right to amend these Terms of Use in its sole discretion. We will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. The Site is offered and available to users who are 18 years of age or older OR to users under the age of 18 who have been granted parental consent. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Site. 

Purpose of the Site; Not Advice 

The information presented on or through the Site is made available solely for informational purposes in relation to us. We do not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site is not intended to provide dance, health/safety, legal, business, or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as dance, health/safety, legal, business, or other advice. 

User Accounts 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

Ownership 

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”) are proprietary to us or our licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner, and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content. 

Third-Party Links 

From time to time, we may provide links from this Site to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. We do not monitor, edit or control such third-party sites and are not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. We reserve the right to terminate any link at any time. 

Disclaimer of Warranties 

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE FURTHER DO NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW. 

Limitation of Liability 

WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnity 

You agree that you will be solely responsible for, and that you will defend, indemnify and hold us, our parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives, harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification, but you must still indemnify us for all liabilities, losses, or damages. You agree to provide us with whatever cooperation we reasonably request. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Miscellaneous 

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without our prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. We may assign these Terms of Use or any rights under these Terms of Use without your content and without notice. Nothing in these Terms of Use may be used to construe you and us as joint venturers, co-employers, partners, or agents of each other, and neither you nor us has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of us at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to us or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Richland, WA and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. 

Headings and captions throughout these Terms of Use are for convenience only and should not be considered to be part of these Terms of Use. The word “including” means “including without limitation.” 

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at [email protected].