Effective date: February 1, 2023
By Purchasing a pass to the 2023 Sharpen Up Summit Recruiting Events, All Adult Participants and Parents of Minor Participants Agree to the terms and conditions of this page as follows:
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. USE OF OUR SERVICE
To help our clients achieve success, SHARPEN UP provides a platform for dancers, parents, high school coaches, studio owners, and college coaches, to prepare for the dance summit, share contact information to build relationships and provide and receive certain information.
These Terms and your use of the Service forms a contract between you and SHARPEN UP. Your use of the Service confirms that you have read and agreed to these Terms before using the SHARPEN UP Service or expressly waived the opportunity to do so. If you do not agree to the Terms, you may not use the Service. In addition, you may use the Service only if you can form a binding contract with SHARPEN UP and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not be used by any Users previously removed from the Service by SHARPEN UP.
3. SHARPEN UP SERVICE
The content and materials, or “Intellectual Property”, contained within the Service are either owned by or licensed to SHARPEN UP. All intellectual property created and/or delivered to you by SHARPEN UP shall remain the exclusive property of SHARPEN UP and are protected under the United States copyright laws. You shall not have the right to reproduce, distribute, sell, make derivative works, transfer, license or otherwise provide or make available to any third parties any intellectual property owned or controlled by SHARPEN UP. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of SHARPEN UP and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Service is a violation of SHARPEN UP’s copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of SHARPEN UP’s available remedies, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or service if SHARPEN UP or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service and in accordance with applicable law. SHARPEN UP reserves all rights not expressly granted herein in the Service and the SHARPEN UP Content (as defined below). SHARPEN UP may terminate your license at any time for any reason or no reason or withdraw from providing the Service entirely or any component of the Service at any time.
4. SERVICE RULES
You shall use the Service for lawful purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) using the Service for any commercial solicitation purposes; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for your compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Service. You agree to indemnify and hold harmless SHARPEN UP of any liability that may arise from your violation of these rules and regulations.
We may, without prior notice, change the Service, or stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no specific reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other SHARPEN UP Users. We reserve the right, but have no obligation, to monitor the Service or any difference of opinion, disagreement or dispute between you and other Users. You shall be solely responsible for, and SHARPEN UP shall have no liability for, your interactions with other Users, or for any User’s action or inaction.
5. SHARPEN UP PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “SHARPEN UP Content”), and all Intellectual Property Rights related thereto, are, as between you and SHARPEN UP, the exclusive property of SHARPEN UP and its licensors (including other Users who provide User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SHARPEN UP Content. Use of the SHARPEN UP Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SHARPEN UP under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SHARPEN UP does not waive any rights to use similar or related ideas previously known to SHARPEN UP, or developed by its employees, or obtained from sources other than you.
6. TEXT MESSAGING, PHONE CALLS, AND EMAILS
Consent to Receive Messages. From time to time, SHARPEN UP Staff, a coach or other User may wish to send you one or more messages via text, phone call, or email. By signing up for the SHARPEN UP Events and providing your mobile number, you agree to receive text messages from the participants of the Service.
You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
7. EVENT ADMITTANCE
In its sole discretion and without refund, SHARPEN UP reserves the right to refuse admittance to or expel from the Events anyone that it determines is behaving in a manner that could be disruptive to the Event or pose any danger to any other attendee. User consents and agrees that in such event, it shall not be entitled to a refund of any portion of amounts paid. Breach of any of the terms herein shall entitle SHARPEN UP to all available legal remedies.
8. EVENT AMENDMENTS AND DISCLAIMER
SHARPEN UP and any other organizer of the Events reserve the right to make changes to the agenda, format, master instructors, location and any other aspect of the event without notice and without liability to User. SHARPEN UP may at any time, with or without giving notice, in its absolute discretion and without giving any reason, change, cancel or postpone the Events, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, none of the Releases shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with The Events unless they are satisfied not only that the money in question remains under their control, but also that the person who paid it has been unfairly prejudiced, about which the decision shall be in their sole and unfettered discretion and, when announced, final and conclusive.
9. MASTER INSTRUCTORS, PRIVATE LESSON INSTRUCTORS, COACHES, SPONSORS AND EXHIBITORS
Views expressed by any attendee, college coach, instructor, speaker, exhibitor or sponsor at the Events are their own. SHARPEN UP Events shall have no liability for advice given, or views expressed, by any attendee, speaker, exhibitor or sponsor at the Events or in any material provided to Users.
10. FORCE MAJEURE
SHARPEN UP shall not be held responsible or liable for any delay or failure in performance of its obligations hereunder (including the holding or hosting of the Events) to the extent such delay or failure is caused by (i) storm, flood, fire, earthquake or other acts of God; (ii) war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest or violence; (iii) any disease, epidemic or pandemic, including novel coronavirus COVID-19 (together with any mutation, adaptation, or variation thereof), (iv) embargoes or blockades; (v) national or regional emergency; (vi) strikes, labor stoppages, or slowdowns or other industrial disturbances; (vii) any order or guidance from any governmental or quasi-governmental organization, including without limitation in regard to travel, public gatherings, or health and safety; (viii) disruptions in supply chains, hotel inventory, commercial air travel or other public transportation; (ix) failure of carriers or utilities or equipment beyond SHARPEN UP Events’ reasonable control; (x) unavailability of the venue through no fault of SHARPEN UP Events; or (xi) other similar causes beyond the reasonable control of SHARPEN UP. In any such event, SHARPEN UP shall be entitled but not obliged to either provide alternative facilities or venue for the Events and/or reschedule the Events , without liability on the part of the SHARPEN UP Events . If SHARPEN UP are unable to reschedule or rearrange the event, SHARPEN UP may cancel the Event on the part of the SHARPEN UP. Refund policy will apply.