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Terms of Service

These Terms and Conditions (the “Terms”) set forth the mutual agreement as to your (“you”, the “User”) rights and responsibilities when you use Primal Prancing (herein referred to as “the Company”, “we”, “us”, or “our”) websites (the “Site”), products, software, and services as accessed from time to time by the User (the “Services”).  

Primal Prancing offers a dance fitness practice through online classes, in-person classes & other educational mediums.

By using any of the Services you are agreeing to these Terms. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Services.Your privacy is important to us. Our Privacy Policy (www.primalprancing.com/privacy-policy) sets forth information on how we collect, process, use and share your data and is incorporated by reference herein. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below.

  1. Eligibility.

‍You must be at least 18 years old to register to use the Services. If you are registering to use the Service on behalf of a legal entity, you must be the authorized representative of such entity. Primal Prancing may, in its sole discretion, refuse to offer the Services to any person or entity and may change the eligibility criteria at any time.

International Users

The Site is controlled, operated and administered by Primal Prancing from our offices within the United States. If you access the Site from a location outside of the US, you are responsible for compliance with all local laws. You agree that you will not use the Services accessed through www.primalprancing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

  1. Use of the Services.

By using the Services, you agree to, acknowledge, and represent as follows: You are solely responsible for all conduct, content, and transactions that are made through your user account;You will not transmit through the Services any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including without limitation any content that depicts nudity, sexual conduct or violence;You will not upload, post, e-mail, transmit or otherwise make available: (a) any content or material that infringes upon a third-party right, including, without limitation, copyright, trademark, right of publicity or privacy, or any other intellectual property rights; (b) any advertisements for yourself, your content or your services; (c) any third-party advertisements, including banner exchange services; (d) any software viruses or any other malicious application or code; or (e) any content or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;You will not violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;You will not scrape or otherwise use any data mining, robots, or similar data gathering or extraction methods (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent);You will not solicit, create or submit unwanted email, comments, messages or other forms of commercial or harassing communications (“spam”) to any other user. For the purposes of clarity, once you have solicited a transactional request or submitted a product for purchase through the Site you may not attempt to engage in the same or substantially similar commercial transaction privately without the use of the Services;You agree not to permit any third-party to do any of the foregoing. We reserve the right to terminate your account or prohibit you from using the Services or requests or remove any content that does not comply with these Terms of Use for any reason at our sole discretion.

  1. Account Registration, Termination, and Renewal.

When using the Services the User agrees to provide true, accurate, current, and complete information as prompted by the Service for the purposes of registration and to maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Primal Prancing has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the state in which you reside. Through the use of the Services, you may create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access our website through your username and password, you will defend and indemnify Primal Prancing and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms. In such cases, the User will not be entitled to a refund of subscription fees for use of the Services.

  1. Warranty.

To the maximum extent permitted by law, we disclaim all warranties expressed or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Primal Prancing Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the Primal Prancing Content or Services, or (d) that the Primal Prancing Content or Services will be free from viruses or other harmful components.

  1. Modification.

We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes.

  1. Copyright Policy.

Primal Prancing respects the intellectual property rights of others. If a copyright owner believes that their copyright-protected content appears and/or is otherwise made available on the Site without authorization, the copyright owner may, per the U.S. Digital Millennium Copyright Act (DMCA), initiate a “notice-and-takedown” procedure to have the content removed.

The following is an overview of how the DCMA notice-and-takedown procedure operates:

If a copyright owner believes that the Site includes infringing content, the copyright owner may send a corresponding Notification of Claimed Infringement to Primal Prancing. Provided that the Notification of Claimed Infringement is effective, Primal Prancing will: (i) promptly remove the content; and (ii) promptly provide the Notification of Claimed Infringement to the content owner and notify the content owner that the content has been removed.

If the content owner believes that the Notification of Claimed Infringement was wrongfully submitted (due to mistake or misidentification), the content owner may send a Counter-Notification to Primal Prancing. If Primal Prancing receives an effective Counter-Notification, then we will send a Reinstatement Notification to the copyright owner. This Reinstatement Notification will indicate that the removed content will be reinstated in not less than ten (10) business days and no more than fourteen (14) business days, unless Primal Prancing first receives notice from the copyright owner that a legal action has been initiated by the copyright owner in relation to the content.

There are a number of items of information that a Notification of Claimed Infringement or a Counter-Notification must include in order to be effective; additionally, in order to be effective, the Notification of Claimed Infringement and Counter-Notification must be sent to a particular person designated for this purpose (Primal Prancing’s “Designated Agent”). Information regarding the requirements for Notification of Claimed Infringement and Counter-Notification, as well as contact information for the Designated Agent, are provided below.

Under 17 U.S.C. § 512(f), a Notification of Claimed Infringement or Counter-Notification that includes a knowing material misrepresentation may subject the submitter of such Notification of Counter-Notification to damages, including costs and attorney’s fees.

Requirements for an Effective Notification of Claimed Infringement

For your Notification of Claimed Infringement to be effective, it must include substantially the following items of information:Identification of the copyrighted work(s) claimed to have been infringed;A physical or electronic signature of a person authorized to act for and on behalf of the copyright owner;Identification of the content that is claimed to be infringing, and information reasonably sufficient to permit Primal Prancing to locate the content (e.g., specific URLs where the content may be found);Information reasonably sufficient to permit Primal Prancing to contact you, including an address, telephone number, and, if available, an electronic mail address;A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or any law; andA statement that the information in the notification is accurate and, UNDER PENALTY OF PERJURY, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Requirements for an Effective Counter-Notification

For your Counter-Notification to be effective, it must include substantially the following items of information:Your physical or electronic signature;Identification of the content and the location (e.g., URL) at which the content appeared before it was removed;A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the content was removed as a result of mistake or misidentification;Your name, address, and telephone number; andA statement that you consent to the jurisdiction of Federal District Court for the judicial district of Colorado and that you will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.

Contact Information for Designated AgentAs noted above, a Notification of Claimed Infringement or must be sent to Primal Prancing’s Designated Agent to be effective. Primal Prancing’s Designated Agent can be reached at: DMCAagent@primalprancing.com

  1. Limitation on Liability.

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

  1. Indemnity.

You agree that you will indemnify and hold Primal Prancing, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Content, including a claim that your User Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release us from all claims, demands, actions, or suits in connection with your User Content, including any liability related to our use or non-use of your User Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

  1. Controlling Law.

The laws of the State of Colorado and as applicable, those of the United States of America, govern these Terms and the use of the Services. Any and all claims brought will be subject to the jurisdiction of the courts of the State of Colorado.

  1. Dispute Resolution.

Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boulder, Colorado, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

  1. Notice to California Residents.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the website is Primal Prancing

By email: hello@primalprancing.com

To file a complaint or to receive further information regarding use of the Service, send a letter to the above address or contact us via email. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

  1. Miscellaneous.

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Primal Prancing regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

‍Changes to the Services: We may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.‍

‍Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Primal Prancing, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

‍Acquisitions: If Primal Prancing or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Primal Prancing has the right to share your Personal Information and User Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

‍Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

‍No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.

 

These Terms of Service were last updated on January 26th, 2025.

Previous Versions: N/A