Terms of service.

Welcome to Gustavo Ferman Online Classes. Please read this Terms of Service Agreement (the “Agreement”) carefully. It forms a legal contract between you and Gustavo Ferman (“Gustavo Ferman”, “We”, “Us”, or “Our”).

The Agreement governs your use of the Gustavo Ferman Online Classes Service (the “Service”), provided through our website, located at https://gustavoferman.com (the “Website”). By registering an account, accessing, viewing, or using the Service, you are accepting the terms of the Agreement. If you do not agree with the terms and conditions of the Agreement, you must not accept the Agreement and may not use the Service.

By entering into the Agreement, you represent that:

a) you are of legal age in your jurisdiction of residence to form a binding contract. If you are a minor, a parent or guardian of legal age must enter into the Agreement on your behalf, and you may use the Service under your parent or guardian’s supervision; and

b) you have authority to enter into the Agreement. If you are entering into the Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms of the Agreement.

We may make occasional amendments and additions to the terms of the Agreement, which will be published on the Website. You should regularly review the Agreement on the Website as your continued use of the Service constitutes your agreement to be bound by such terms.

1. Use of the Service 

Subject to the terms of the Agreement, we grant you a non-exclusive, non-transferable, limited license to access and use the Service, and view and privately display content. “Content” is defined as any and all audio and/or visual elements of the Service, including without limitation, any HTML, files, text, graphics, images, illustrations, photographs, video/audio or audiovisual works, designs or logos, information, and other content made available through the Service.

Use of the Service is solely for your personal, non-commercial purposes; provided, however, that if you are a dance studio or educational institution that we have authorized to use the Service, for example, to offer the Service to students, you may use the Service solely for such commercial purposes. In such case, you remain responsible for your, and each such student’s compliance, or lack of compliance, with the terms of the Agreement. Any other use or exploitation of the Service and Content is strictly prohibited.

You are not authorized to sell, reproduce, sublicense, transmit, publicly perform, or display, distribute, customize, modify, or create derivative works based on any portion of the Service of Content without a written license signed by us. You are not authorized to copy, counterfeit, or paste any portion of the Service or Content to any other website or web page.

2. Ownership

You acknowledge and agree that Gustavo Ferman owns all rights, title and interest in the Service and Content, including all intellectual property rights. All graphics, logos, trademarks, service marks and trade names used on or in connection with the Service and Content are the property of Gustavo Ferman and may not be used by you for any reason other than as expressly permitted by the Agreement or by prior written permission of Gustavo Ferman. Other trademarks, service marks and trade names that may appear on or in the Service or Content are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights incorporated in or accompanying the Service.

3. Subscription

To access the Service, you must subscribe by completing the registration process and creating an account on the Website (“Account”). As part of the registration process, you may be required to provide us with personal information, including but not limited to, your name, email address, credit card and other payment information. You agree to provide us with current, complete, and accurate information, and to promptly update information as necessary.

As part of the registration process, you will be required to select a username and password (“Password”). You are entirely responsible for maintaining the security and confidentiality of your Account and Password. You agree to monitor your Account to restrict unauthorized use of your Account and Password and to notify us immediately of any such unauthorized use or any other breach of security by emailing: info@gustavoferman.com. We will not be liable for any loss that you may incur as a result of someone else using your Account or Password, either with or without your knowledge. You may be held liable for any losses incurred by us or another party due to someone else using your Account or Password.

At the time you create your Account, you will have the option to select a monthly or annual subscription (the “Subscription”). You will be responsible for payment of the applicable subscription fee for the Service at the time you create your Account and select your Subscription. After each month or each year, depending on the term you choose, your Subscription will automatically renew for an additional month or year, as applicable, at our then-current price. You agree that your Account will be subject to this automatic renewal feature unless and until you cancel your Subscription by emailing us at info@gustavoferman.com or we terminate it in accordance with the Agreement. You may cancel your Subscription at any time. If you do so, you may use your Subscription until the end of your then-current subscription term; your Subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the fee paid for the then-current term.

4. Payment

You must provide us with a valid credit card or other, accepted method of payment (“Payment Method”). By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges due and payable to us, including any applicable taxes, and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the Payment Method. We reserve the right at any time to adjust pricing for the Service. Such price changes will take effect following email notice to you.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All fees are non-refundable. If we do not receive payment (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that we may either terminate or suspend your Subscription and continue to attempt to charge your credit card until payment is received. Upon receipt of payment, your Account will be activated, and your new subscription commitment period will begin as of the day payment was received. 

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts.

5. Indemnification

You agree to indemnify and hold harmless Gustavo Ferman, his employees, agents, contractors, and licensors, from any damages, losses, costs, liabilities and expenses (including reasonable lawyers’ fees) relating to or arising out of any claims concerning: (a) your misuse of the Service; (b) your violation or breach of the Agreement; (c) any claims and actions against us by other parties to whom you allow access to the Service; and (d) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement, or your access to the Service.

6. Disclaimer of Warranties and Conditions

You acknowledge and agree that, to the fullest extent permitted by applicable law, your use of the Service is at your own risk, and the Service is provided on an “As Is” and “As Available” basis. Gustavo Ferman expressly disclaims all warranties, representations, and 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, title and non-infringement arising from the Services. We make no warranty, representation, or condition that: (a) the Service will meet your requirements; (b) your use of the Service will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from use of the Service will be accurate or reliable.

Any fitness activity can pose some potential risks to health. You should consult a physician before using the Service and before engaging in any strenuous physical activity. If you have concerns or questions about your health, you should always consult with a physician or other health-care professional. By subscribing to or otherwise using the Service, you represent that you are not aware of any condition or know of any reason why you should not exercise and/or dance. Always be aware of your surroundings before engaging in the use of the Service. You acknowledge that you are responsible for creating and maintaining a safe environment when you use the Service.

7. Limitation of Liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, Gustavo Ferman, his employees, agents, contractors, and licensors, will not be liable for any loss or any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of your use or inability to use the Service. Under no circumstances will the total amount of liability of Gustavo Ferman for any claim arising out of or relating to the use of the Service, whether in contract, tort or otherwise, exceed the greater of: a) the amount paid by you for the Service in the 6 months prior to the event or circumstance giving rise to a claim; or b) $100.

8. Termination

The Agreement will commence on the date on which you first access the Service and will continue in full force and effect until either party notifies the other of termination in accordance with the Agreement. You may terminate your Account, your access to the Service, and the Agreement at any time for any reason by emailing info@gustavoferman.com.

If you violate any provision of the Agreement, your permission to use the Service and Content automatically terminates. Any unauthorized use of the Service and Content may violate provincial and federal laws, including intellectual property laws and privacy laws.

9. General Provisions

Assignment. You will not assign, delegate, sub-contract or otherwise transfer it rights and obligations under the Agreement. without the prior written permission of Gustavo Ferman. Any attempt to do so will be null and void.

Governing Law. The Agreement and any dispute or claim arising out of or in connection with it will be governed and construed in accordance with the laws of the Province of British Columbia. To the extent that the parties are permitted under the Agreement to initiate litigation in a court of law, such litigation will occur in the province of British Columbia.

Severability. If any provision of the Agreement is held invalid or unenforceable, that provision will be construed so as to reflect the original intention of the parties, and the remaining portions will remain in full force and effect.

Waiver. Any waiver of failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of such provision or of any other provision on any other occasion.

Entire Agreement. The Agreement is the final, complete, and exclusive agreement between the parties in relation to its subject matter and supersedes any prior arrangement, understanding, and discussions between the parties in relation to such subject matter.