Spring Session Registration is Now Open

Registration Form

Liability Waiver Release Form

 Informed Consent and Liability Waiver Release for Participants in Beverly Paauwe’s and David Olivares‘s Zumba® Fitness Classes.

I agree and consent to the following:

I am voluntarily participating in the Zumba® Fitness classes conducted by Beverly Paauwe and David Olivares. I recognize that the program requires physical exertions that may be strenuous at times and may cause physical injury and I am fully aware of these risks and hazards involved.

I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the above-mentioned program. I represent and warrant that I have no medical condition that would prevent my participation in the program.

I agree to assume full responsibility for any risks, injuries or damage known or unknown which I might incur as a result of participating in the Zumba® Fitness program.

I knowingly, voluntarily, and expressly waive any claim I may have against Beverly Paauwe and David Olivares for injury or damages that I may sustain as a result of participating in the Zumba® Fitness program/class.

I, my heirs, or representatives’ forever release, waive, discharge, and covenant not to sue Beverly Paauwe and David Olivares for any injuries or death caused by their negligence or other acts.

I have read the above waiver and release of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.                                                                             

 

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Note: If the participants is not 18 years of age or older, he/she must have the consent of a parent or guardian who will also read, understand and agree to the above terms. The Parent or Guardian must then sign and assume responsibility for the above terms.

 

I as parent or legal guardian of the above participant, hereby understand, agree to, and assume responsibility for the above terms.

 

"The ZIN™ License Support Team ("ZLST") asks you to pay close attention to Sections 5 & 6 of the Terms & Conditions that govern your use of your website provided to you by Smart Instructtor Fitness.  Remember, the ZLST will be checking for brand compliance on these websites.  To help you understand what the ZLST will be looking at, please visit the ZIN™ License and Legal Support Page on ZIN™ Home."

Terms & Conditions

The services offered by Smart Instructtor Fitness, LLC ("Smart Instructtor" or "us" or "we" or "our") include the website at http://www.zumba.com as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate ("the Site") and any other features, content, services or applications offered, from time to time, by us, or by third party Paid Service providers (collectively, the "Services").

This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Website Creator" (which means that you have registered to utilize our tools to build a website ("Website") or a "Visitor" (which means that you are visiting the Site or any hosted Website). The term "User" refers to a Visitor or a Website Creator. By browsing, creating or using any Application or Service on the Site you are agreeing to these Terms of Service and the ZIN™ Membership and License Agreement, if applicable, and these Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy (the "Guidelines") will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service and you agree that the terms "you" and "your" in this Agreement refers to you, your company or legal entity.

1. Eligibility

Use of the Services is void where prohibited. By using the Services, you represent and warrant that you are 13 years of age and older; and your use of the Services does not violate any applicable law or regulation.

2. Website Content Control and User Data

You control the Websites you create using our Services and Smart Instructtor does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "Content") posted by you or by Visitors of your Websites, with the exception of any intellectual property created by Smart Instructtor or any Content containing Smart Instructtor intellectual property.  Smart Instructtor takes no responsibility for any Content located in your Website and Smart Instructtor has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.

As a Visitor of a Website created using our Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators.  Be sure to understand the privacy policies of the Site prior to your interactions. Note that Smart Instructtor cannot guarantee that such third parties will comply with their contractual requirements, and Smart Instructtor does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with your or with us.

As a Website Creator, Smart Instructtor may also provide you with access to certain Visitor data that we collect as part of our Services ("Website Visitor Data").  You agree that, as between you and Smart Instructtor, subject to this Agreement, the ZIN™ Membership and License Agreement ("ZIN License") and each User’s rights, (i) Smart Instructtor owns all right, title and interest, including all intellectual property rights, in and to the Website Visitor Data collected by us.  Notwithstanding the foregoing, in order for Smart Instructtor to run your Website on the Site, you hereby grant Smart Instructtor a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the Website Visitor Data on or through the Site and in all current and future media in which the Services may be distributed; (ii) use and disclose the Website Visitor Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Site); and (iii) use Website Visitor Data for other purposes permitted by Smart Instructtor's Privacy Policy.

3. Your Obligation to Protect Website Visitor Data

If you have been provided access to Website Visitor Data, you hereby agree not to use, display or share Website Visitor Data in a manner inconsistent with our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of Website Visitor Data shall not be less stringent than the standards set forth in our Privacy Policy. You agree to promptly delete all Website Visitor Data if we disable your Website or upon request by us.  You acknowledge that Smart Instructtor may terminate the account of any User (including Website Creators) in accordance with this Agreement.

4. Proprietary Rights to Content

By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to Smart Instructtor an unlimited license, in perpetuity worldwide and without any royalties or compensation to you, to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such 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 Services or other business purposes as Smart Instructtor desires in its sole discretion and without any approval by you.

Without this license, Smart Instructtor would be unable to provide the Services. The license you grant to Smart Instructtor is non-exclusive (meaning you are free to license your Content to anyone else in addition to Smart Instructtor, with the exception of Content containing Smart Instructtor intellectual property), fully-paid and royalty-free (meaning that Smart Instructtor is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that Smart Instructtor is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). You understand and agree although you might have deleted your Content from the Website, your Content may continue to appear on the Site or other Websites after you remove it if it was shared with others. In addition, a portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. Furthermore, when you publish any Content or information, it means that everyone, including people off of the Site, will have access to that information and we may not have control over what they do with it.

When you post any Content on a Website, you provide the Website Creator or the public in general with permission to view and use your Content.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party; and (iii) all Content posted by you is in compliance with the ZIN™ License, if applicable. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

If a Website is removed from the Site, the Content associated with that Website may also be deleted at the discretion of the Website Creator or Smart Instructtor. We encourage you to be sure you are comfortable with this possibility before contributing your Content to a Website. You should be aware that Smart Instructtor is not required and may not keep back-up copies of Content (including your Content) on the Site once the Website or Content is deleted. Additionally, Smart Instructtor makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Site and you should independently back-up your Content.

The Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Smart Instructtor Content"). Smart Instructtor owns and retains all rights in the Smart Instructtor Content and the Services. Smart Instructtor hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the Smart Instructtor Content (excluding any software code) solely for your personal use in connection with using the Services. As between you and the Site, all the intellectual property rights in the Smart Instructtor technology, which does not include your Content, are owned by Smart Instructtor or its licensors.

We always appreciate your feedback or other suggestions you may have about Smart Instructtor or the Site, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Content Posted

Please choose carefully the content you post on any Website and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Smart Instructtor assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by emailing support@smartinstructtor.com.

Without assuming any obligation to do so, Smart Instructtor may delete any Content or suspend any Website or account associated with it, that in the sole judgment of Smart Instructtor violates this Agreement, the ZIN™ License, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. Smart Instructtor assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, Smart Instructtor chooses, in its sole discretion, to monitor the Services, Smart Instructtor nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Smart Instructtor does not endorse and has no control over the Content. Content is not necessarily reviewed by Smart Instructtor prior to posting and does not necessarily reflect the opinions or policies of Smart Instructtor. Smart Instructtor makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.

6. Content/Activity Prohibited

The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. Smart Instructtor reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. Smart Instructtor further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Smart Instructtor:

·         may constitute or contribute to a crime or tort;

·         is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;

·         communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;

·         involves sending or otherwise posting unauthorized commercial communication (such as spam);

·         engages in unlawful multi-level marketing, such as a pyramid scheme;

·         solicits login information or accessing an account belonging to someone else;

·         solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;

·         obscures the advertisements we may serve on your Website;

·         makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;

·         interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;

·         attempts to impersonate another person or entity, including, but not limited to, a Member or Smart Instructtor official, to falsely state or otherwise misrepresent your affiliation with a person or entity;

·         provides false personal information on the Sites, or creates an account for anyone other than yourself without permission;

·         involves selling or otherwise transferring your account without our prior permission;

·         creates and maintains a Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

·         uploads viruses or other malicious code;

·         uses the Services to hyperlink to content not permitted on the Site;

·         facilitates or encourages any violation of these Terms of Service;

·         any video that does not comply with 6.4 of the ZIN™ License (which is any video that is not a promotional video for your Smart Instructtor® classes);

·         any photo for which you do not have a use of image waiver for each person in the photo;

·         violates any other provision of the ZIN™ License.

7. Smart Instructtor Marks; Templates

Smart Instructtor trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of Smart Instructtor and may not be used without permission, unless otherwise licensed under the ZIN™ License. Other trademarks that may appear on our Services are the property of their respective owners. Smart Instructtor reserves the right to include within your Website applicable Smart Instructtor copyright and trademark notices for Smart Instructtor and links to our Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Smart Instructtor. For purposes of this Agreement, all templates offered by Smart Instructtor are copyrighted material and are considered part of the Site. Such templates are offered for use to Smart Instructtor users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of Smart Instructtor templates to Websites hosted by Smart Instructtor. Smart Instructtor templates may not be transferred to or hosted on another web host or Internet Service Provider.

8. Other Paid Services

Please note that if you enter into a transaction with a third-party, such as by purchasing or selling an item through a Website hosted on the Site, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Although we may intervene in disputes between Users concerning payments, we have no obligation to do so.

9. Taxes

You are responsible for paying any governmental taxes imposed on your use of the Site, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Smart Instructtor the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Smart Instructtor is obligated to collect such taxes, the applicable tax will be added to your billing account.

10. Smart Instructtor Platform Policies

In the creation of Websites, Website Creators shall adhere to the following:

·         You may not use profanity or others’ trademarks in the name, domain or subdomain of your Website.

·         You may not do anything to remove, hide, or alter the appearance of advertising that may be served on your Website by Smart Instructtor.

·         The Smart Instructtor Terms of Service may not be edited and must be available on your Website.

11. Copyright Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice any privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

·         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·         a description of the copyrighted work that you claim has been infringed;

·         a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;

·         your address, telephone number, and email address;

·         a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notices of claims of copyright infringement, please send all DMCA notices to our Copyright Agent at the following address: Smart Instructtor Fitness, LLC, Attention Copyright Agent, 800 Silks Run, Suite 2310, Hallandale, FL 33009, USA.

As a Website Creator, you must remove any infringing Content on your Website, if notified by Smart Instructtor, so that it complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner's written notice (including any notices forwarded to you by Smart Instructtor) that specified Content posted on a Website that you control infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to Smart Instructtor. Smart Instructtor may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website.

12. Your Website Subdomains

When you create Your Website, Smart Instructtor gives you the flexibility to choose your own subdomain for Your Website (e.g.," Jane Doe" in the example: http://jane.doe.zumba.com) from a list of options (" Website Subdomain"). Smart Instructtor maintains ownership of your Website Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Website Subdomain on the Site. The Website Subdomain you choose for your Website and your account are non-transferable. You will be solely responsible and liable for any activity that occurs under your Website Subdomain and account. At any time, however, you may upgrade your account to purchase your own custom domain name.

13. Smart Instructtor Communications

It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Smart Instructtor in its sole discretion. By providing Smart Instructtor your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Smart Instructtor offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Smart Instructtor reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

14. Third Party Content and Interaction; Third Party Sites

You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using the Site you may be exposed to Content that is offensive, objectionable, or indecent, and that you use the Site at your own risk. Content from other Users or third parties is made available to you through Websites and the Site. The inclusion of any such Content on the Site does not imply our affiliation or endorsement of such Content. Because Smart Instructtor does not control such Content, you agree that Smart Instructtor is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Smart Instructtor is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), Smart Instructtor is under no obligation to become involved. You release Smart Instructtor, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Additionally, Smart Instructtor, Website Creators, Users or third parties may provide hyperlinks on the Site or Websites, or, with the exception of Website Creators, any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Smart Instructtor expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

15. Privacy of Your Information

We care about the privacy of our Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Smart Instructtor and its service providers maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, Smart Instructtor reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.

16. Indemnity

You agree to indemnify, defend, and hold harmless Smart Instructtor its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

·         any Content you submit, post, transmit, or make available through the Site;

·         your use or misuse of the Services;

·         your connection to the Services;

·         your breach or alleged breach of this Agreement; or

·         your violation of any rights (including intellectual property rights) of a third party.

Smart Instructtor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Smart Instructtor. Smart Instructtor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Disclaimer of Warranties

YOUR USE OF THE SITE, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZUMBA AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

ZUMBA AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITE, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES THE SITE, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZUMBA MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY ZUMBA TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZUMBA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ZUMBA IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITE, PLATFORM, APPLICATIONS OR WEBSITES.

18. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ZUMBA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ZUMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO ZUMBA BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN ZUMBA (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

19. Changes to Smart Instructtor Services

Smart Instructtor reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Smart Instructtor Services or any part thereof with or without notice. Smart Instructtor will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

20. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.zumba.com or elsewhere on the Site. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Site or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on May 31, 2012. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.smartinstructtor.com or elsewhere on the Site. The revised version will apply to you immediately if you are a User who registers or first uses the Site on or after the posting of the revised version.

21. Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Site at any time and for any or no reason. Smart Instructtor has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site or any Website, (ii) remove and discard any Content within any Website or anywhere on the Site or (iii) shut down a Website, with or without notice, and with no liability of any kind to you (iv) keep and use all the content generate by you and your user (v) keep and use all users emails and name that were entered using our services.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

22. Effects of Terminating

Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Websites immediately cease to exist. For Content you wish to delete from the Site, you can delete it by going to each of the Websites to which you've contributed. Smart Instructtor is not responsible for deleting Content on your behalf and Smart Instructtor will not have any obligation to assist you in migrating your data or your Website(s) off of the Site. Note that, even if Content is deleted from Smart Instructtor' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Smart Instructtor will have no obligation to refund any fees paid for Paid Services.

23. Survival

The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-8, 10-19, 21-25.

24. Law and Arbitration

This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the internal laws of the State of Florida, without giving effect to any principles that may provide the application of the law of another jurisdiction.  In the event of any controversy or dispute arising out of this Agreement, the prevailing party or parties shall be entitled to recover from the non-prevailing party or parties reasonable expenses, including without limitation, reasonable attorneys’ fees and costs actually incurred.  The parties agree that exclusive jurisdiction, to the exclusion of any other jurisdiction, for the resolution of all legal disputes arising out of the terms of this Agreement will be the courts of Broward County, the State of Florida.  You understand and agrees that any judgment or order granted by such courts shall be deemed fully enforceable in the country where you have your primary place of residence.  Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

25. United States Export Controls

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Smart Instructtor under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Smart Instructtor from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

26. General

You agree to comply with all policies applicable to Smart Instructtor and the Site, and those of our third party Paid Service providers, which policies are either posted on the Site or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Smart Instructtor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Smart Instructtor may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Smart Instructtor computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.). Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and Smart Instructtor and governs your use of the Site, superseding any prior agreements (whether written or oral) between you and Smart Instructtor regarding the subject matter hereof. The other Users of the Site are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

By accepting these terms and conditions, you also accept the terms and conditions found 

  I agree with the Conditions and Terms of Services, Liability/Waiver Policy.  



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