Terms and Conditions

IMPORTANT: By accessing and reading any of the pages of this website including, without limitation, the domain moeruss.com and all of its subdomains and redirected domains (the “Site”), you are agreeing to these Terms of Use and acknowledge the disclaimers contained in these Terms of Use.

You agree that this is a legal, binding agreement, between you and IndyPenDance, LLC (“Company” or “us”, “we”, “our” or similar language) and acknowledge and agree that you will be bound by its terms and conditions. If you do not agree to these Terms of Use, then you must leave this Site without printing, copying or capturing any of its content. You agree and acknowledge receipt of enough clear and concise knowledge for entering into this agreement, including your continued access to the webpages of this Site and the terms and conditions of this agreement.

By using this Site, you represent that you are of legal age to form a binding contract and that you are not barred from accessing this Site. Persons under 18 years of age (or, if applicable, under the legal age, if greater than 18 years of age, or otherwise not satisfying the legal capacity to access website content without adult supervision in your jurisdiction) may not use this Site.

CONTENT

You may access the Site only as set forth in these Terms of Use. You may not (1) copy, reproduce, retain, reverse engineer, broadcast, or otherwise distribute any server-side or client-side script, code, text, graphics, or other materials published on this Site at any time, whether or not currently displayed or added in the future (the “Content”) on this Site or make any use of the Content on this Site for any purpose other than your commercial relationship with us; or (2) modify the Content of this Site (for example, using web browser extensions) other than as may be reasonably necessary to use the Site for its intended purposes.

The Content and any trademarks, service marks, logos, brand names, and Site functionality made available in or otherwise used to present the Content to you are the sole and exclusive property of IndyPenDance, LLC or have been licensed to IndyPenDance, LLC by a third party and are subject to United States laws and regulations, foreign laws, and international conventions governing intellectual property rights. The marks are marks of IndyPenDance, LLC, and all rights are reserved. The copyrights in all of the text and graphics on the pages of this Site are either owned by or licensed to IndyPenDance, LLC, and all rights are reserved. Forms and processes described or displayed on this Site are our proprietary know-how and trade secrets and are considered to be our intellectual property. We reserve all rights not expressly granted to you and retain all rights, title, interest and ownership of all intellectual property rights in and to the Site and the Content, including, without limitation, proprietary know-how and trade secrets, copyrights and marks.

You agree and acknowledge that we would suffer irreparable harm due to any reproduction, distribution, republication and retransmission of the Content, and you will assist and not oppose us in obtaining any injunction or other equitable relief necessary to limit the harm done to us by any disclosure of our proprietary know how, rates, other trade secrets or other infringement of our intellectual property rights.

We may provide testimonials to promote our products and services, and testimonials posted on our promotional materials and this Site, or other examples of results for individual participants, might not be representative of the results for other participants or for you. We select positive testimonials that we believe accurately promote the value of our services and products to those who participate, but we may choose not post or may remove statements for any reason, including, without limitation, providing negative, false, misleading, profane, insensitive or incoherent statements, or for no reason. If the public is allowed to post comments to our website, we entirely disclaim any such third party comments, and while we may monitor comments, we rely on our take down policy and your diligence to remove false, insensitive, infringing, offensive and objectionable comments.

All Content is subject to change without prior notice. Some information on this website might not be the most current or updated information available. Furthermore, none of the information on this website is promised or guaranteed to be correct or complete. We expressly and particularly disclaim any and all liability with respect to any actions taken or not taken in reliance on contents of the webpages of this website.

We do not provide any warranties whatsoever, express or implied, with respect to any resources or links found anywhere on the webpages of this site, which are offered “as is” as a convenience to you. We expressly disclaim any warranties of noninfringement, merchantability, and fitness for a particular purpose.

This Site may contain links to third party websites or content (“Third Party Sites”). You acknowledge that these links are provided for your convenience and IndyPenDance, LLC has no control over and is not responsible for their content or availability. Third Party Sites may be governed by their own terms of use, privacy policies, or other policies.

YOUR USE OF THIS WEBSITE

You may use this site only to review our products and services, provide us with feedback or otherwise contact us, register for our events, and as otherwise expressly set forth on this Site. You may not use any script, bot, spider, or other automated service to access any Content on this Site without our prior written permission, except that operators of Internet search engines may index the Content of this Site solely for the purpose of displaying search results to users, calculating search result ranking, and otherwise performing activities directly related to providing Internet search results.

You have sole responsibility for your use of the site, and your sole remedy against us for any inaccuracy, unavailability or failure of the site is to stop using the site. You agree that we have no liability whatsoever to you, including consequential, special, indirect, incidental, or punitive damages, for your use, authorized or unauthorized, of the site even if we have been advised of the possibility of such liability, and this limitation of liability is part of the bargain between us and you.

YOUR ACCOUNT

In order to use some functions of this Site, you may be required to create a user account (an “Account”). You may not use another person’s Account without permission. You must provide complete and accurate information to use an Account in all required fields during the Account creation process. You are solely responsible for your use of your Account, and it is your responsibility to create a secure password for your Account and keep your Account login information secret. You agree not to share your Account login information with any other person, including any person in your household or company. You agree to notify us promptly upon your discovery of any unauthorized use of your Account.

You agree to update your Account if any of your information changes. You agree that we may suspend or terminate your Account if we believe that you have violated these Terms of Use.

You agree not to circumvent, disable, or interfere with any features of this Site related to security or access control, including, without limitation, making use of any software exploit or bug, and you agree to defend and hold us harmless from any damage or expense incurred in connection with your unauthorized access (including any unauthorized access by any person acting at your request or upon your instructions). You acknowledge and agree that, while we will use reasonable efforts to secure this Site in a manner consistent with common Internet security practices, no security is perfect and your use of this Site is at your risk.

You agree to access this Site only through Internet browsing software such as Microsoft Internet Explorer, Google Chrome, Apple Safari, or Mozilla Firefox.

PRIVACY

You may not collect any personally identifiable information through this website without our prior written permission.

Our Privacy Policy describes our information collection and data privacy practices.

Our Privacy Policy is incorporated into these Terms of Use by reference.

TAKEDOWN NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following Designated Agent:

IndyPenDance, LLC

Maureen Russakoff

moe@moeruss.com

FEEDBACK

We endeavor to continuously improve our processes including this Site. If you have questions or comments about these Terms of Use, the pages of this Site or our policies and procedures, you may send us an email to: moe@moeruss.com. To the extent that any suggestion that you submit is protected by your intellectual property rights, you hereby grant us a non-exclusive, fully-paid-up, irrevocable, worldwide license to use the suggestion in any way that we choose, and your feedback not be deemed confidential information for any purpose.

CONTACT INFORMATION

You may contact us to provide feedback, make inquiries, or otherwise, at this contact addresses: moe@moeruss.com

GOVERNING LAW

You agree that your access to the Site, including any disputes arising from your use of the Site, will be governed by Texas law without regard to its choice of law and conflict of laws provisions. You agree to personal jurisdiction of and venue in the state and federal courts located in Travis County, Texas.

ABOUT THIS POLICY

The terms and conditions of these Terms of Use are the entire understanding of the parties relating to access and use of the webpages of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. We reserve the right to change these Terms of Use at any time without notice to you, and any changes to these Terms of Use will take effect immediately upon their publication to this Site. It is your responsibility to review these Terms of Use to determine whether they have been updated, and your use of the Site will signify and your acceptance of and intent to be bound by any changes to the Terms of Use.

These Terms of Use were last updated on October 1, 2016.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder shall continue in full force and effect.

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