Terms & Conditions
Eligibility
Prohibited Conduct
License To Your Content
License to Use the Ballet Beautiful Service
Intellectual Property Infringement Claims
- 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 the Ballet Beautiful Websites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that our use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- By mail:
Bruce Patterson
PATTERSON + SHERIDAN LLP
24 Greenway Plaza, Suite 1600
Houston, TX 77046 - By e-mail:
BPatterson@pattersonsheridan.com
Privacy Policy
Health Disclaimer
Minors
Other Sites - Linked Sites
International Use
Term and Termination
Service to Prevent Re-registration
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Ballet Beautiful will terminate. The following sections survive termination: Privacy Policy, Indemnification and Release, Disclaimer of Warranties, Limitation on Liability, Intellectual Property, Arbitration Requirement & Class Action Waiver, Contracting Entities, Governing Law and Jurisdiction, and all general provisions. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Ballet Beautiful Service. Ballet Beautiful, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
This Terms of Use shall remain in full force and effect as long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. We reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of
the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others.
Disclaimer of Warranties
Limitation on Liability
Indemnification and Release
Assignment
Waiver and Severability
Entire Agreement
Force Majeure
Governing Law and Venue
Binding Arbitration
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Content, or Ballet Beautiful connected fitness products, equipment, apparel or accessories (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section, and not in a class, representative or consolidated action or proceeding. You and Ballet Beautiful agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Ballet Beautiful entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND BALLET BEAUTIFUL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section, “Binding Arbitration” and its subsections, shall survive the termination of these Terms.
- Exceptions and Opt-out Option. The only exceptions to this Section are the following: You or Ballet Beautiful each may seek to resolve an individual Dispute in small claims court if it qualifies. You or Ballet Beautiful each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to the sub-section “Effect of Changes on Arbitration” below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
- Initial Dispute Resolution and Notification. You and Ballet Beautiful agree that, prior to initiating an arbitration or other legal proceeding, you and Ballet Beautiful will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Ballet Beautiful, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Ballet Beautiful’s Legal Department at the Ballet Beautiful address set out in Section 24 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Ballet Beautiful must contain all of the following information: (1) your full name, address, Ballet Beautiful username, and the email address associated with your Ballet Beautiful account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Ballet Beautiful to disclose information about you to your attorney. After receipt of your Notice, you and Ballet Beautiful shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Ballet Beautiful may initiate an arbitration or other legal proceeding. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
- Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section. If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Ballet Beautiful agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in “Mass Filing Procedures” below are unenforceable, unconscionable, void, or voidable.
- Mass Filing Procedures. YOU AND BALLET BEAUTIFUL AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Ballet Beautiful’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these Terms. If a court determines that this Section is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms. Batching: You and Ballet Beautiful agree that your and other individuals’ claims deemed by Ballet Beautiful a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Ballet Beautiful. After your claim is batched and permitted to be filed as a Demand, you and Ballet Beautiful agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules. First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Ballet Beautiful shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Ballet Beautiful in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM. Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Ballet Beautiful agree to mediate your claim along with any other unresolved claims included in the Mass Filing (” Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Ballet Beautiful will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and Ballet Beautiful. Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or Ballet Beautiful may opt out of arbitration and elect to have your claim resolved in court consistent with Section 21 of these Terms. You or Ballet Beautiful must exercise this election within 45 days of the completion of Global Mediation. Sequential Arbitration of Remaining Batches: If neither you nor Ballet Beautiful opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Ballet Beautiful. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and Ballet Beautiful shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved. Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Ballet Beautiful opts out of arbitration.
- Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Ballet Beautiful will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 21. If Ballet Beautiful prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Ballet Beautiful reimbursement from you of Ballet Beautiful’s arbitration filing fees and costs.
- Offer of Settlement. Ballet Beautiful may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Ballet Beautiful’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Ballet Beautiful after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
- Class Action Waiver. YOU AND BALLET BEAUTIFUL AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Ballet Beautiful may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or Ballet Beautiful may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BALLET BEAUTIFUL WAIVE ANY RIGHT TO A JURY TRIAL.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if Ballet Beautiful changes any terms of this Section after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 20 by sending us written notice, personally signed by you, by certified mail to the attention of Ballet Beautiful’s Legal Department at the Ballet Beautiful address set out for notice of legal claims within 30 days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms you seek to reject or (1) the date of Ballet Beautiful’s email to you notifying you of such change. Even if you reject a change, you will remain subject to this Section of the last version of the Terms you had accepted.
- Severability. If any portion of this Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Section and all other Terms shall continue to be enforceable and valid.