Terms of Use

PARTICLE DANCING APPAREL, LLC — TERMS OF USE AND SERVICE

Welcome to the PARTICLE DANCING website, ParticleDancing.com (the "PARTICLE DANCING website"), owned and operated by PARTICLE DANCING APPAREL, LLC and its affiliates ("PARTICLE DANCING"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the PARTICLE DANCING website and PARTICLE DANCING services, applications, content, and products (collectively, the "Site"). The terms of PARTICLE DANCING's Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

Acceptance of Terms

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. PARTICLE DANCING reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site, because by visiting the Site you agree to accept any such changes. PARTICLE DANCING provides you with access to and use of the Site subject to your compliance with the Terms.

Site Contents

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Site. You also may not, without PARTICLE DANCING's written permission, "mirror" any material contained on this Site on any other server. The Site, including all of its information and content — such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, and the HTML used to generate the pages (collectively, "Materials and Content") — is PARTICLE DANCING property or that of our suppliers or licensors and is protected by patent, trademark, and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose, without the specific prior written permission of PARTICLE DANCING.

We grant you a limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend, or discontinue any aspect of the Site — including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site — and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site, or restrict your access to part or all of the Site, without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Dispute Resolution and Arbitration Agreement

MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND PARTICLE DANCING APPAREL, LLC AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN, OR OTHER INTERACTION WITH PARTICLE DANCING (INCLUDING CLAIMS RELATING TO PARTICLE DANCING'S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY PARTICLE DANCING, OR PARTICLE DANCING'S COLLECTION OR USE OF YOUR INFORMATION) ("DISPUTE") SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE ("NOTICE") DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: PARTICLE DANCING APPAREL, LLC, ATTN: LEGAL, 131 CONTINENTAL DR, SUITE 305, NEWARK, DE 19713, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION.

BY AGREEING TO ARBITRATION, YOU AND PARTICLE DANCING ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED IF OUR DISPUTE WERE INSTEAD BEING HEARD IN A COURT. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN-APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S APPLICABLE RULES. IN LIEU OF ARBITRATION, EITHER YOU OR PARTICLE DANCING MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.

IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY PARTICLE DANCING INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Class Action Waiver

You and PARTICLE DANCING agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against PARTICLE DANCING, nor will you seek to become a class representative. You further agree that in any action you initiate against PARTICLE DANCING, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

Prohibited Uses

The Site may be used only for lawful purposes and is available only for your use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

You are responsible for your own communications, including the transmission, posting, and uploading of information, and are responsible for the consequences of such communications to the Site. PARTICLE DANCING specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information that is incomplete, false, inaccurate, or not your own.
  • Engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation, or that would fail to comply with accepted internet protocol.
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it.
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another.
  • Communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nationals in violation of any applicable export control laws.
  • Attempting to interfere in any way with the Site's or PARTICLE DANCING's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
  • Using the Site to harass, disrupt, or unlawfully interfere with PARTICLE DANCING's business interests.

Security Rules

Violations of system or network security may result in civil or criminal liability. PARTICLE DANCING investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you, or logging on to a PARTICLE DANCING server or account that you are not authorized to access.
  • Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, and our hosting provider or our network — including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "email bombing," or "crashing" the Site.
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission, or posting to our Site.

Privacy Policy and Cookie Policy

Notwithstanding anything else to the contrary contained in these Terms of Use, PARTICLE DANCING's collection, use, disclosure, and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy and our Cookie Policy. For further information regarding PARTICLE DANCING's collection, protection, and use of your personal information, please refer to our Privacy Policy and our Cookie Policy. By accepting these Terms, you also agree to be bound by each of the Privacy Policy and the Cookie Policy, which are incorporated by reference hereby.

Product and Pricing Information

Although PARTICLE DANCING has made every effort to display our products and their colors, textures, and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and PARTICLE DANCING cannot guarantee that the user's device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. PARTICLE DANCING is not responsible for typographical errors regarding price or any other matter. Likewise, PARTICLE DANCING does not warrant the accuracy of customer product ratings, comments, or feedback.

Proprietary Rights

As between you and PARTICLE DANCING (or any other company whose marks appear on the Site), PARTICLE DANCING (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The PARTICLE DANCING logos, designs, titles, phrases, and product names, and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials (collectively, "PARTICLE DANCING Intellectual Property") are owned by PARTICLE DANCING and may be registered in the United States and internationally. You agree not to display or use PARTICLE DANCING Intellectual Property in any manner without PARTICLE DANCING's prior permission. Nothing on the Site should be construed to grant any license or right to use any PARTICLE DANCING Intellectual Property without the prior written consent of PARTICLE DANCING. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials and Content, features, or materials, in whole or in part. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by PARTICLE DANCING. If you make use of the Site other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site — including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangement of such — is protected by law, including, but not limited to, copyright law.

User Content and Material

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts, or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts — including but not limited to Instagram, Twitter, Facebook, and Pinterest — which are tagged with #PARTICLEDANCING or any other PARTICLE DANCING promoted hashtag (collectively, "User Content"), shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to PARTICLE DANCING and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content, and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or hereafter developed — including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts, and for any other marketing, advertising, public relations, sales, or promotional purposes, with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms, or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. PARTICLE DANCING will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. PARTICLE DANCING shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. PARTICLE DANCING retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts, or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals who appear in the User Content to use, and grant others the right to use, their name, image, voice, and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual, or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers, or any contact information, or (e) contain computer viruses, worms, or other harmful files. Upon request by PARTICLE DANCING, you will furnish PARTICLE DANCING any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content, and you hereby agree to indemnify and hold PARTICLE DANCING and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

PARTICLE DANCING does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content, you fully and unconditionally release and forever discharge PARTICLE DANCING and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of, or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by PARTICLE DANCING or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that PARTICLE DANCING has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. PARTICLE DANCING acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If PARTICLE DANCING becomes aware of any User Content that allegedly may not conform to these Terms, PARTICLE DANCING may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. PARTICLE DANCING has no liability or responsibility to users for performance or nonperformance of such activities.

PARTICLE DANCING HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST PARTICLE DANCING FOR SUCH REMOVAL AND/OR DELETION. PARTICLE DANCING IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT, OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

Copyright Complaints

PARTICLE DANCING respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PARTICLE DANCING with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party.
  • 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, its agent, or the law; a statement that the information in the notification is accurate; and a statement, 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.

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail: PARTICLE DANCING APPAREL, LLC Attn: Legal — Notice of Infringement 131 Continental Dr, Suite 305, Newark, DE 19713

By email: service@particledancing.com

(For both mail and email notices, please include "Notice of Infringement" in the subject line.)

Upon receipt of notices complying with the DMCA, PARTICLE DANCING will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity, and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located — or, if your physical address is outside of the United States, for any judicial district in which PARTICLE DANCING may be found — and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PARTICLE DANCING ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES — SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY — WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS, AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED ON THE "CONTACT US" PAGE OF THIS WEBSITE.

Disclaimers and Limitation of Liability

PARTICLE DANCING publishes information on its Site as a convenience to its visitors. While PARTICLE DANCING attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The PARTICLE DANCING products described on the Site may not be available in your region. PARTICLE DANCING does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. PARTICLE DANCING is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content. If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this website.

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." PARTICLE DANCING DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS, AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PARTICLE DANCING DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION, OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PARTICLE DANCING MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

PARTICLE DANCING makes no warranties of any kind regarding any non–PARTICLE DANCING sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and PARTICLE DANCING makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such non–PARTICLE DANCING sites. PARTICLE DANCING does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL PARTICLE DANCING, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF PARTICLE DANCING OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold PARTICLE DANCING, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to, or in connection with your use of the Site, your violation of the Terms, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict-of-law provisions, except to the extent governed by federal law.

General Information

These Terms, along with the Privacy Policy and the Cookie Policy, as well as any terms and conditions applicable to your account on and/or any purchases made through the website, collectively constitute the entire agreement between you and PARTICLE DANCING and govern your use of the Site, and they supersede any prior agreements between you and PARTICLE DANCING. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. In the event of any conflict between these Terms and any other terms and conditions agreed to between you and PARTICLE DANCING — including, without limitation, those terms and conditions applicable to any account registration or purchase of PARTICLE DANCING products — those other terms shall apply and supersede these Terms. PARTICLE DANCING may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in PARTICLE DANCING's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between PARTICLE DANCING and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to PARTICLE DANCING or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of PARTICLE DANCING to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition, or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without PARTICLE DANCING's express written consent. The Terms inure to the benefit of PARTICLE DANCING's successors, assigns, affiliates, and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to the "Contact Us" page of this website.