Terms of Use
Last updated: October 25, 2026
Effective Date: October 25, 2026
THESE TERMS INCLUDE AN ASSUMPTION OF RISK FOR PHYSICAL ACTIVITY, A RELEASE OF CLAIMS, AND A WAIVER OF CERTAIN LEGAL RIGHTS. READ THEM CAREFULLY BEFORE USING ANY SHOW HER OFF OFFERING.
These Terms of Use, together with every policy and document they mention (collectively, the "Terms"), are a contract between Show Her Off Dance, LLC, including its affiliates ("Show Her Off," "we," "our," or "us"), and each person who visits, signs up for, purchases, or uses any of our Offerings ("you" or "your").
Show Her Off creates and sells online dance programs and video lessons for couples, first dance programs and custom choreography for weddings, memberships, free challenges and trials, newsletters and articles, physical products, and online tools and software (each an "Offering," and together the "Offerings"). The videos, lessons, routines, text, images, audio, worksheets, software, and other materials within the Offerings are referred to as "Content." Offerings are delivered through showheroff.com, its subdomains, and related pages (the "Site"), and through the applications, tools, email, text messages, and other channels we use (the "Platforms").
If you purchase or set up an Offering for another person, such as a gift, you confirm that you have that person's permission to do so and that you will make these Terms available to them. Where these Terms refer to "you," they include that person as applicable.
You accept these Terms, and they become binding on you, the first time you browse the Site, create an account, start a free Offering, complete a purchase, use any Platform, or check a box or click a button indicating acceptance. Your acceptance date is the date these Terms first bind you. If you have signed a separate written contract with Show Her Off that covers a particular Offering, that contract governs where it conflicts with these Terms. In every other case, these Terms govern all use of the Site, the Platforms, the Content, and the Offerings. If you do not accept these Terms, you are not permitted to use any Offering.
BY USING ANY OFFERING YOU CONFIRM THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO FOLLOW THEM. THESE TERMS LIMIT YOUR RIGHTS IN SEVERAL WAYS. AMONG OTHER THINGS, THEY REQUIRE YOU TO ACCEPT THE RISKS OF DANCING AND RELEASE SHOW HER OFF FROM RELATED CLAIMS (SEE "PHYSICAL ACTIVITY, ASSUMPTION OF RISK, AND RELEASE"), THEY REQUIRE MOST DISPUTES TO BE DECIDED BY AN ARBITRATOR ON AN INDIVIDUAL BASIS RATHER THAN BY A JUDGE OR JURY (SEE "DISPUTE RESOLUTION"), AND THEY CAP THE AMOUNT SHOW HER OFF CAN OWE YOU. NO CLAIM MAY BE BROUGHT AS A CLASS ACTION, AND NO CLAIM MAY BE JOINED OR COMBINED WITH THE CLAIM OF ANY OTHER PERSON.
Capitalized words have the meanings given where they first appear in these Terms. Any word that is not defined carries its ordinary meaning in American English. "Show Her Off Parties" refers to Show Her Off and each of its owners, members, managers, instructors, staff, contractors, agents, licensors, affiliates, successors, and assigns. "Including" is never limiting and should be read as "including, without limitation." Headings help you find your way through the Terms and do not change their meaning.
These Terms apply to every way you interact with Show Her Off online, including the Site, the Platforms, every Offering, and all Content. Except where a separate signed agreement, an Order, or Supplemental Terms say otherwise, these Terms are the full agreement between you and Show Her Off on these subjects and replace any earlier statements, proposals, or understandings, whether spoken or written.
Paid Offerings are purchased through a checkout page, order form, or similar process we provide (an "Order"). Each Order is part of and subject to these Terms. Details shown on the product page or checkout for that Order, such as the price, any payment schedule, any renewal period, and any special refund terms, apply to that Order. If those details conflict with these Terms, the Order details control for that Order only.
Some Offerings come with their own extra terms ("Supplemental Terms"), which we will show you before you use or buy them. Supplemental Terms are added to these Terms. For the Offering they cover, the Supplemental Terms control where the two conflict. For everything else, these Terms control.
Offerings are sold to individuals for their own non-commercial use and the non-commercial use of their household. You confirm that you are acting for yourself and not for a business, and that nothing prevents you from agreeing to these Terms.
We may revise these Terms at any time. When we make a material revision, we will make reasonable efforts to let you know, either by emailing you or by posting a notice on the Site. A revision takes effect five days after we post it, unless the revision is required for legal or administrative reasons, in which case it may take effect immediately. If you keep using any Offering after a revision takes effect, you accept the revised Terms. A revision will not apply to a dispute that arose before the revision was posted. No other change to these Terms is valid unless it is in writing and signed by you and Show Her Off.
We continually update our Offerings. At any time, with or without notice, we may add to, change, pause, or remove any part of the Site, the Platforms, or any Offering, including individual lessons, videos, bonuses, features, and tools. If we permanently stop offering a paid program you bought, we will choose one of the following for you: access to a similar program, a downloadable copy of the program where one is available, or a refund of a fair portion of what you paid. Apart from that commitment, Show Her Off has no liability to you or anyone else for changing, pausing, or ending any part of the Offerings.
You must be at least 18 years old and legally able to form a binding contract to use the Offerings. Certain Offerings may list further requirements. By using any Offering, you confirm that you meet every requirement that applies. If you do not, you may not create an account, make a purchase, or otherwise use the Offerings.
These Terms apply from your acceptance date until they end under the section titled "Termination."
You may sign another written agreement with Show Her Off (a "Additional Agreement"). These Terms do not change the rights and duties created by a Additional Agreement. Unless the Additional Agreement clearly states otherwise, however, these Terms continue to govern your use of the Site, the Platforms, the Content, and the Offerings.
Offerings may connect you with, or depend on, services run by other companies, such as payment processors, video players, music services, social media platforms, and email and text message carriers ("Third Party Offerings"). Show Her Off does not run or control Third Party Offerings and does not endorse them. You use Third Party Offerings at your sole risk, and they may require you to accept their own terms. Those terms govern only your use of the Third Party Offering they cover.
Some Offerings require an account, a password, or a one-time sign-in code sent to your email address (an "Account"). We may approve, decline, or limit any Account at our discretion.
Your Account, your password, and your sign-in codes (your "Credentials") are for you and the people who live in your household. You may not sell, give away, or transfer your Account, and you may not share your Credentials with anyone outside your household or let them use your Account. You are responsible for keeping your Credentials secret. If you believe your Credentials have been lost, stolen, or misused, email us right away at the address in "Contact Us."
Everything done through your Account or with your Credentials is your responsibility, whether or not you authorized it, including any resulting charges, losses, or liabilities.
When we ask you for information, you agree to give us information that is correct, complete, and current, and to update it promptly when it changes. You authorize Show Her Off to use the information you give us as described in these Terms and our Privacy Policy.
As long as you follow these Terms and pay any amounts due, Show Her Off grants you a limited, revocable, non-exclusive license, which you may not transfer or sublicense, to access and use the Content and Offerings you are entitled to, for personal and non-commercial purposes only, by you and the members of your household, for the period of access stated in your Order or these Terms. Where an Offering is described as "lifetime access," that means access for as long as Show Her Off makes that program available, subject to these Terms.
This license allows you to watch the Content as many times as you like while you have access, to perform the dances and routines with your partner for personal enjoyment (including at your own wedding or private celebration), and to post photos and videos of the two of you dancing on social media. The license belongs only to you. You may not sell, rent, lend, sublicense, transfer, or otherwise make your access or any Content available to anyone else.
Certain Offerings let you upload or enter material of your own, such as photos, notes, lists, dictation, questions, messages, and files ("User Content"). You keep ownership of your User Content.
Responsibility for User Content rests entirely with you. Before you submit it, you must have every right and permission needed for Show Her Off to receive and process it, including permission covering any personal information or pictures of other people, such as your partner or relatives. User Content must comply with these Terms, our Privacy Policy, and the law. Do not submit medical records, bank or card numbers, government identification numbers, or other sensitive data.
We may treat User Content as accurate and complete, and we are not responsible for problems caused by errors in it. We do not have to review User Content, and we are not liable if any of it is lost, damaged, changed, or deleted. Please keep your own copy of anything important.
You give Show Her Off and its service providers a worldwide, royalty-free, non-exclusive license to store, copy, process, transmit, and display User Content only as needed to provide and run the Offerings for you, to keep them secure, to improve them, to meet legal obligations and enforce these Terms, and as described in our Privacy Policy. This license ends when User Content is removed from our systems, except for copies we must keep by law and copies held in backups until those backups are deleted on their normal schedule.
Content provided by Show Her Off or its suppliers is offered for entertainment and general information. We do not promise that any Content will always be available or free of delays, mistakes, or omissions, and we are not responsible if it is not. It is up to you to decide whether any Content suits your situation, your skills, and your physical condition. You may view Content only through the Site and Platforms, and only for the personal use permitted in these Terms.
You may use the Offerings only for lawful purposes permitted by these Terms. You agree that neither you nor anyone acting with your permission will:
Except for User Content, Show Her Off and its licensors own the Site, the Platforms, the Offerings, and the Content, including all videos, routines, choreography, music selections, text, graphics, software, data, and underlying technology, and all improvements to them, along with every related copyright, trademark, and other intellectual property right (together, "Show Her Off Property"). These Terms do not transfer any ownership of Show Her Off Property to you. Your only rights in it are the limited license described in "Access to the Site and Platforms." The Show Her Off name and logo, and the names of our programs and products, are trademarks of Show Her Off, and you may not use them. We keep every right we do not expressly give you.
Sending us reviews, testimonials, stories, comments, suggestions, ideas, photos, or videos about the Offerings ("Feedback") is always optional. When you send Feedback, you grant Show Her Off a worldwide, royalty-free, perpetual, and irrevocable license to use, copy, publish, display, and edit it for length and clarity, in connection with the Offerings and in our advertising and marketing, with no notice or payment owed to you. We normally credit testimonials with your first name and last initial. We will not publish your full name, your picture, or a video of you unless you sent it to us for that purpose or otherwise gave us permission. If you ask us to stop using your testimonial, we will leave it out of new materials from that point on. We may use any ideas or suggestions you send for any purpose, without owing you anything.
Some parts of the Site are free. Paid Offerings require payment of the price and any other charges shown at checkout ("Fees"). You agree to pay all Fees you incur, when due. Fees are stated and charged in U.S. dollars unless we say otherwise.
Third-party payment processors handle all payments. When you place an Order, you authorize Show Her Off and its processors to charge the payment method you choose for the full amount shown at checkout, and you confirm that you are permitted to use that payment method. Show Her Off does not keep full card numbers.
Payment plans: if you choose to pay in installments, you authorize every scheduled installment until the balance is paid. If an installment fails, we may try the charge again, pause your access until it is paid, or end the plan and your access.
Renewals: if an Offering renews automatically, such as a membership, the renewal price, how often you will be charged, and how to cancel will be shown to you before you buy. Renewals continue until you cancel. You may cancel at any time by emailing us or, where available, through your Account, and you will keep access until the end of the period you have already paid for.
Offers after checkout are optional, and you are charged for them only if you accept them. We may change our prices at any time by updating the Site, and new prices apply only to purchases made after the change. If an Offering is listed with the wrong price or description, we may cancel the Order and refund what you paid, even if we already confirmed it.
You are responsible for any sales, use, value-added, or similar taxes that apply to your purchases, other than taxes on Show Her Off's own income.
If you question a charge, please contact us before disputing it with your bank or card company. If you start a chargeback, we may suspend your access to the related Offering until the dispute is closed.
From time to time we offer free challenges, free lessons, trials, or a few days of access to part of a program ("Free Offerings"). A Free Offering lasts only for the period stated in the offer, and access ends when that period ends unless you buy. You will never be charged for a Free Offering unless you choose to purchase, and if a Free Offering converts into a paid Offering we will say so clearly at checkout. We may change or end any Free Offering at any time and may limit Free Offerings to one per person or household.
Unless the product page or checkout for an Offering says otherwise, our programs carry a 30-day money-back guarantee. To use it, email hunter@showheroff.com within 30 days after your purchase and ask for a refund. You do not need to give a reason. We refund to the original payment method, and your bank or card company may take several business days to show it. Your access to the refunded Offering ends when the refund is issued.
Different refund terms may apply to personalized services that we have already started or completed, such as custom choreography, and those terms will be shown at checkout. Physical products are covered by "Physical Products" below. Gift purchases are refunded to the person who paid. We may refuse a refund where we see repeated buying and refunding, sharing of Credentials, or other abuse of the guarantee. Other than as stated in this section, in your Order, or where the law requires, Fees are not refundable.
Many Offerings can be bought as gifts. The buyer must give us accurate details for the recipient and confirms that they may share those details with us. The recipient's use of the gift is governed by these Terms. Gift codes and gifted access cannot be exchanged for cash or resold, and they may have an activation deadline shown at purchase.
Some packages include services made for you, such as a routine choreographed to your song, video feedback, or answers from our team ("Personalized Services"). You agree to send us what we reasonably need to deliver them, such as your song, your event date, and your experience level, early enough for us to finish on time. Delivery dates are estimates, and we are not responsible for delays caused by missing or late information or by events we cannot reasonably control. A custom routine is licensed to you for personal use and for performance at your own event, and you may not sell it, teach it to others for money, or use it commercially.
We ship physical products to the address you provide. Delivery dates are estimates. Ownership and the risk of loss pass to you when we hand the product to the carrier. If a product arrives damaged or is not what you ordered, tell us within 30 days after delivery and we will send a replacement or give a refund, whichever we choose. The product page will list any other return terms.
Some features of our tools are free, and some require payment. Free features may allow only a set number of uses, which we track as explained in our Privacy Policy, and you may not try to reset or avoid those limits, whether by opening extra accounts or any other way. If a tool lets you create a share link, anyone who receives that link can see what it shows, and you alone decide who receives it. You are responsible for checking any plan, list, or other result a tool produces before you rely on it or give it to anyone else, and for any messages you send to others based on it. We are not responsible for decisions or mistakes made by you or anyone else who relies on that result. We keep information entered into our tools for the period stated in our Privacy Policy, so please save or print anything you want to keep.
You or Show Her Off may end these Terms at any time, for any reason, by giving notice as described in "Notices." When these Terms end for any reason, the license and other rights we gave you end; any amounts you owe become due at once; you must stop using the Site, the Platforms, the Content, and the Offerings; and we may delete your Account and User Content. If we end your access to a paid Offering without cause, we will refund the unused part of what you paid for it. Any section of these Terms that by its nature should continue after the Terms end will continue, including the sections titled Definitions, Additional Agreements with Show Her Off, Your Account, User Content, Ownership, Feedback, Fees, Money-Back Guarantee and Refunds, Termination, Links to Other Sites, Representations and Warranties, Disclaimer of Results, No Professional Advice, Physical Activity, Assumption of Risk, and Release, No Additional Warranties, Indemnity, Limitations of Liability, Dispute Resolution, Choice of Law, Jurisdiction and Venue, Waivers of Collective Action and Jury Trial, Statute of Limitations, Claims of Infringement, General, and Notices.
Separately from our right to end these Terms, we may suspend your Account or your access to any part of the Offerings, with or without notice, if we reasonably believe you have broken or may break these Terms or the law, if you share your Credentials, if a chargeback is open, or if your conduct harms or may harm Show Her Off, the Offerings, other users, or anyone else.
The Site, Platforms, and Content may contain links to websites and services that Show Her Off does not control. Those websites and services have their own terms and policies, which govern your use of them. We are not responsible for anything on a linked website or service. YOU VISIT AND USE THIRD-PARTY WEBSITES AND SERVICES AT YOUR OWN RISK.
Show Her Off may contact you through the Site and Platforms and at any email address or phone number you give us. When you give us your email address, you agree to receive emails about your Account and purchases and about our programs, offers, articles, and events. You can stop marketing emails at any time with the unsubscribe link in any marketing email. You will still receive emails about your Account and purchases.
If you give us your mobile number and agree to receive text messages, you agree to receive SMS and MMS messages from Show Her Off about your Orders, customer support, and our programs and offers, which may be sent using automated technology. Agreeing to marketing texts is never required to make a purchase. The number of messages varies. Your carrier's message and data rates may apply. You can withdraw your consent at any time by replying STOP to any message, and you can reply HELP for assistance. Carriers can block or delay messages, and Show Her Off is not responsible for any email, call, or message that is delayed or not delivered.
Phone calls with Show Her Off may be recorded and monitored for quality assurance and training. If you stay on a call after being told it may be recorded, you consent to the recording.
You promise Show Her Off that: (1) you are legally able and authorized to agree to these Terms; (2) these Terms are a binding obligation on you; (3) you are able to carry out your obligations under these Terms and have the right to grant every license and permission they describe; (4) you have every permission needed to give us any personal information or images of other people that you submit; and (5) your use of the Offerings will follow every applicable law and will not cause Show Her Off to break any law.
Show Her Off makes no promise or guarantee about what you will get from any Offering, including how well you will dance, any change in your relationship, or how your wedding or event will go. Testimonials and examples on the Site describe the experiences of actual customers. Those experiences are not typical and do not mean you will see the same or similar results. Results differ from person to person and depend on many factors, such as practice, effort, health, prior experience, and your partner's involvement. Your results are your own responsibility.
SHOW HER OFF DOES NOT GIVE MEDICAL, FITNESS, PHYSICAL THERAPY, MENTAL HEALTH, MARRIAGE OR RELATIONSHIP COUNSELING, LEGAL, OR ANY OTHER PROFESSIONAL ADVICE, AND NOTHING IN THE OFFERINGS OR CONTENT TAKES THE PLACE OF THAT ADVICE. ALL CONTENT IS PROVIDED FOR ENTERTAINMENT AND GENERAL EDUCATION. USING THE OFFERINGS DOES NOT CREATE ANY PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SHOW HER OFF. ASK YOUR PHYSICIAN OR ANOTHER QUALIFIED PROFESSIONAL ABOUT ANY QUESTION CONCERNING YOUR HEALTH OR YOUR PERSONAL SITUATION, AND DO NOT IGNORE OR PUT OFF SEEKING PROFESSIONAL ADVICE BECAUSE OF ANYTHING YOU SAW OR READ IN THE OFFERINGS. ANY RELIANCE YOU PLACE ON THE CONTENT IS AT YOUR OWN RISK.
Many Offerings involve dancing and other physical activity. Dancing requires physical effort and may involve standing for long periods, walking, turning, spinning, dipping, leaning, lifting, bearing some or all of another person's weight, close body contact, and quick shifts in direction and balance. These activities carry risks that cannot be fully removed. Those risks include: slipping, tripping, and falling; running into walls, furniture, objects, pets, or people; strained, sprained, or torn muscles and ligaments; dislocated or broken bones; injuries to the back, neck, shoulders, hips, knees, ankles, wrists, and other joints; dizziness, fainting, and loss of balance; overexertion, shortness of breath, and heart problems; worsening of existing medical conditions; injury to your partner or to people nearby; damage to property; and, rarely, serious or permanent injury, disability, or death.
Show Her Off teaches through pre-recorded video, written material, and online tools. We are not with you when you dance. We do not supervise you, and we cannot see your form, your health, your partner, your shoes, your floor, or your surroundings. We do not inspect the space where you dance. Our instruction is general and is not designed around your individual health, fitness, or abilities.
You acknowledge and agree that:
ASSUMPTION OF RISK. YOU UNDERSTAND THE ACTIVITIES DESCRIBED ABOVE AND THE RISKS THEY CARRY. YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ACCEPT ALL RISK OF INJURY, ILLNESS, DISABILITY, DEATH, AND PROPERTY DAMAGE THAT ARISES FROM OR RELATES TO YOUR USE OF ANY OFFERING OR CONTENT OR YOUR PARTICIPATION IN ANY DANCE OR PHYSICAL ACTIVITY. THIS INCLUDES RISKS THAT ARE KNOWN AND UNKNOWN, AND RISKS CAUSED BY YOU, YOUR PARTNER, ANY OTHER PERSON, YOUR SURROUNDINGS, OR THE NEGLIGENCE OF ANY SHOW HER OFF PARTY. YOU USE THE OFFERINGS AND CONTENT AT YOUR OWN RISK.
RELEASE AND WAIVER OF CLAIMS. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ESTATE, PERSONAL REPRESENTATIVES, AND ASSIGNS, RELEASE AND FOREVER DISCHARGE EACH SHOW HER OFF PARTY FROM, WAIVE, AND PROMISE NOT TO SUE ANY SHOW HER OFF PARTY FOR, EVERY CLAIM, DEMAND, LOSS, DAMAGE, LIABILITY, AND CAUSE OF ACTION OF ANY KIND, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, DISABILITY, WRONGFUL DEATH, AND PROPERTY DAMAGE, THAT ARISES FROM OR RELATES TO YOUR USE OF ANY OFFERING OR CONTENT OR YOUR PARTICIPATION IN ANY DANCE OR PHYSICAL ACTIVITY, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY SHOW HER OFF PARTY. THIS RELEASE DOES NOT COVER CLAIMS BASED ON THE GROSS NEGLIGENCE OR WILLFUL AND WANTON CONDUCT OF A SHOW HER OFF PARTY, OR ANY OTHER CLAIM THAT THE LAW DOES NOT ALLOW TO BE RELEASED.
PARTNERS AND HOUSEHOLD MEMBERS. Before anyone else, such as your partner, dances with you using our Content, you agree to make them aware of this section. To the fullest extent the law allows, you agree to indemnify and hold harmless every Show Her Off Party against any claim made by any person who dances or takes part in physical activity with you, or in your household, using any Offering or Content.
IF YOU LIVE IN CALIFORNIA, YOU GIVE UP ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO THE RELEASE IN THIS SECTION. SECTION 1542 STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY." YOU ALSO GIVE UP ANY SIMILAR RIGHTS UNDER THE LAW OF ANY OTHER PLACE, TO THE EXTENT THE LAW ALLOWS.
This section is meant to be read as broadly as the law permits. If a court finds any part of it unenforceable, the remaining parts stay in full effect.
OTHER THAN THE 30-DAY MONEY-BACK GUARANTEE AND ANY OTHER COMMITMENT STATED EXPRESSLY IN THESE TERMS, SHOW HER OFF MAKES NO PROMISES OR WARRANTIES OF ANY KIND ABOUT THE SITE, THE PLATFORMS, THE CONTENT, OR THE OFFERINGS. EVERYTHING WE PROVIDE, INCLUDING OUR TOOLS, IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER SHOW HER OFF NOR ITS PROVIDERS WARRANT THAT ANY CONTENT, TOOL RESULT, OR OFFERING IS ACCURATE, COMPLETE, SUFFICIENT, OR UP TO DATE; THAT THE SITE OR PLATFORMS WILL WORK WITHOUT ERRORS OR INTERRUPTION OR BE SAFE FROM UNAUTHORIZED ACCESS; THAT ANY OFFERING IS FREE OF VIRUSES OR OTHER HARMFUL CODE; OR THAT ANY OFFERING WILL MEET YOUR NEEDS. TO THE FULLEST EXTENT THE LAW ALLOWS, SHOW HER OFF DISCLAIMS EVERY WARRANTY, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IF THE LAW WHERE YOU LIVE GIVES YOU CONSUMER RIGHTS THAT A CONTRACT CANNOT TAKE AWAY, NOTHING IN THESE TERMS TAKES THOSE RIGHTS AWAY.
You agree to defend, indemnify, and hold harmless each Show Her Off Party against every claim, loss, liability, damage, judgment, settlement, cost, and expense (including reasonable attorneys' fees and court costs) arising out of or connected with: (1) your access to or use of the Site, the Platforms, the Content, or any Offering; (2) dancing or other physical activity by you, by anyone who participates with you, or by anyone in your household, using any Offering or Content; (3) User Content or any other material you submit; or (4) your breach of any promise or other term in these Terms. We will tell you about any claim covered by this section, and we may take part in its defense.
TO THE FULLEST EXTENT THE LAW ALLOWS, NO SHOW HER OFF PARTY WILL BE LIABLE TO YOU OR TO ANYONE CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, INCOME, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR ANY OFFERING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF SHOW HER OFF WAS TOLD OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, AND EVEN IF ANY OTHER REMEDY FAILS.
TO THE FULLEST EXTENT THE LAW ALLOWS, THE MOST THAT ALL SHOW HER OFF PARTIES COMBINED WILL OWE TO YOU AND ANYONE CLAIMING THROUGH YOU, FOR ALL CLAIMS OF EVERY KIND RELATED TO THESE TERMS OR THE OFFERINGS, IS THE LARGER OF (1) ONE HUNDRED U.S. DOLLARS ($100), OR (2) THE TOTAL YOU PAID SHOW HER OFF FOR THE SPECIFIC OFFERING THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS ARE A BASIC PART OF THE BARGAIN BETWEEN YOU AND SHOW HER OFF, AND OUR PRICES REFLECT THEM.
SOME STATES DO NOT PERMIT CERTAIN DAMAGES TO BE EXCLUDED OR LIMITED, SO SOME OF THE LIMITS ABOVE MAY NOT APPLY TO YOU. THESE TERMS DO NOT EXCLUDE OR LIMIT ANY LIABILITY THAT THE LAW DOES NOT ALLOW TO BE EXCLUDED OR LIMITED.
This section applies to any disagreement, claim, or controversy between you and Show Her Off that arises from or relates to these Terms or any Offering, including questions about whether these Terms were validly formed, what they mean, whether they were followed or broken, and whether a matter must be arbitrated, as well as claims that do not arise from contract (each a "Dispute").
Notice and informal resolution. Before starting an arbitration or lawsuit, the party with the Dispute must send the other party a written notice describing it and the remedy requested. Send notices to Show Her Off at hunter@showheroff.com, including your name, the email address on your Account or Order, and a description of the Dispute. Both parties will then try in good faith, for at least 30 days after the notice is received, to settle the Dispute without a formal proceeding.
Arbitration on an individual basis. If a Dispute is not settled within those 30 days, either party may require that it be decided by binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration begins. One neutral arbitrator will decide the Dispute. Unless both parties agree otherwise, any hearing will take place by video or telephone, or in person in the county where you live. The arbitrator may grant any individual remedy that a court could grant. The arbitrator's award is final and is the only remedy for every claim and counterclaim submitted, and any court with jurisdiction may enter judgment on it. Filing, administration, and arbitrator fees are allocated as the AAA's rules provide. Because these Terms involve interstate commerce, the Federal Arbitration Act governs this section.
Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies. Either party may also ask a court for an injunction or other equitable relief to stop actual or threatened infringement or misuse of its intellectual property.
Opting out. You may reject this agreement to arbitrate by emailing hunter@showheroff.com within 30 days after your acceptance date. Use the subject line "Arbitration Opt-Out" and include your name and the email address on your Account or Order. Opting out of arbitration does not change any other part of these Terms.
If part of this section fails. If the class action waiver is found unenforceable as to any Dispute, that Dispute will be decided in court and not in arbitration. If any other part of this section is found unenforceable, the rest of this section still applies.
Colorado law and applicable federal law of the United States govern these Terms and every Dispute, including any negotiation or arbitration, without applying any conflict of laws rule that would point to the law of another place.
EXCEPT FOR DISPUTES THAT MUST BE ARBITRATED UNDER "DISPUTE RESOLUTION," ANY LAWSUIT OR OTHER COURT PROCEEDING ARISING FROM THESE TERMS OR ANY OFFERING, INCLUDING A PROCEEDING TO CONFIRM OR ENFORCE AN ARBITRATION AWARD, MAY BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN COLORADO. YOU AND SHOW HER OFF EACH AGREE TO THE PERSONAL JURISDICTION AND VENUE OF THOSE COURTS AND GIVE UP ANY OBJECTION THAT THEY ARE AN INCONVENIENT OR IMPROPER FORUM.
YOU AND SHOW HER OFF EACH AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY. YOU WILL NOT BRING, LEAD, JOIN, OR TAKE PART AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION AGAINST ANY SHOW HER OFF PARTY. AN ARBITRATOR MAY NOT COMBINE THE CLAIMS OF MORE THAN ONE PERSON.
IF ANY DISPUTE IS DECIDED IN COURT INSTEAD OF ARBITRATION, YOU AND SHOW HER OFF, FOR YOURSELVES AND YOUR SUCCESSORS AND ASSIGNS, EACH GIVE UP THE RIGHT TO A TRIAL BY JURY. EACH OF US MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY.
To the extent the law allows, and regardless of any longer period set by statute, any claim arising from or related to these Terms or any Offering must be filed within one (1) year after it arises. A claim not filed within that year is permanently barred.
Show Her Off is not responsible for any delay or failure to perform caused by events it cannot reasonably control, including natural disasters, fire, flood, severe weather, epidemics, illness, war, terrorism, labor disputes, government action, power, internet, or telecommunications outages, and failures of outside service providers. We will make reasonable efforts to let you know when such an event affects our Offerings.
Our Privacy Policy explains how we collect, use, and share personal information. The Privacy Policy is a separate document and not part of this contract, but by using the Offerings you agree to the handling of your personal information as it describes.
We respect intellectual property rights. If you believe in good faith that material on the Site or Platforms infringes a copyright you own or control, send a notice to our copyright agent at hunter@showheroff.com with "Copyright Notice" in the subject line. Your notice must include: (1) a description of the copyrighted work and of the material you believe infringes it, including where that material appears on the Site or Platforms; (2) your name, mailing address, daytime telephone number, and email address; (3) a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; (4) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act for the owner; and (5) your physical or electronic signature. We may remove material that is the subject of a notice, and we may close the Accounts of repeat infringers where appropriate.
No waiver. If Show Her Off does not enforce a term or right, or delays in doing so, it has not given up that term or right. A waiver counts only if it is in writing and signed by the party giving it, and waiving one breach does not waive any other or later breach.
Severability. If a court with jurisdiction finds any term of these Terms invalid or unenforceable, that term will be replaced with a valid term that comes as close as possible to the original purpose and economic effect, and all other terms stay in full effect.
Relationship. You and Show Her Off are independent of each other. These Terms do not make either of us the agent, employee, employer, partner, or joint venturer of the other, and neither of us can bind the other.
Assignment. You may not transfer these Terms or any right or duty under them, by operation of law or otherwise, without Show Her Off's prior written consent, and any attempt to do so is void. Show Her Off may transfer these Terms freely, including as part of a merger, acquisition, or sale of all or part of its business or assets.
Third-party beneficiaries. No one other than you and Show Her Off has rights under these Terms, except that every Show Her Off Party may enforce the sections titled "Physical Activity, Assumption of Risk, and Release," "Indemnity," and "Limitations of Liability."
Remedies. The rights and remedies in these Terms add to, and do not replace, any other rights and remedies available under any other agreement or the law.
Except where these Terms say otherwise, notices to Show Her Off must be sent by email to hunter@showheroff.com and are effective when we actually receive them. We may send notices to you at any email address you have given us for your Account or an Order. Where a notice applies to all users, we may post it on the Site instead. A notice to you is effective 24 hours after we send the email or post the notice.
For questions about these Terms, or to send a notice, claim, or complaint of any kind, contact us at:
Show Her Off Dance, LLC
Email: hunter@showheroff.com
