Terms of Use

BARRE & SOUL /BARRE & SOUL ACADEMY® & BARRE & SOUL® LLC

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

Terms of Use

The Website and its Content is owned by Barre & Soul, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.barresoulacademy.com (“Website”).

Please read these Terms of Use (“Terms”) carefully. We reserve the right to change these Terms on the Website at any time without notice, and by using the Website and its Content you are agreeing to these Terms, as they appear, whether or not you have read them. If you do not agree with these Terms, please do not use our Website or its Content.  By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website. 

Website Use and Consent

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws. 

If you have purchased a service, program, product or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. 

The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Warranties Disclaimer and Limitation of Liability.

Disclaimers

By purchasing and/or using our Products or Website you implicitly agree to the following  disclaimers.

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

Our Programs and Services are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs 

and Services including without limitation any liability for any delays, loss, damage, lost profits, personal or business interruptions, misapplication of information, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. 

Limitation of Liability and Release of Claims

Limitation of Liability.  To the extent allowed by law, We will not be held responsible or liable to you in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE. 

The warranty disclaimers and liability limitations of this section do not apply to New Jersey subscribers. 

Release of Claims.  In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

Certain sections of the Website or its Content may allow you to make purchases from us. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us and our payment processing company.  The payment processing company may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing company. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company us that specifically apply to your purchase.

You release us and our payment processing company from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Dispute Resolution

It is hoped that in the event of a dispute, that you and We would be able resolve it amicably through e-mail correspondence. However, should a resolution not be achieved within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 

By purchasing our Products/Services or using the Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.  

You also agree that should arbitration take place, it will be held in Essex County, Massachusetts, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. 

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. 

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect. 

Data Privacy

To order our Products or Services, We may seek personal data or information including your name, e-mail address, and phone number (“Confidential Information”).  

Please refer to our Privacy Policy for details about the collection, processing and storage of Confidential Information and Data. 

Termination of Services

You agree that We may, without prior notice, immediately terminate, limit your access to this website and/or your account, or suspend your account based on any of the following: (a) breach or violation of these Terms of Use or our Terms & Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.  

Miscellaneous

These Terms of Use, with the Terms & Conditions, constitute the entire agreement between you and Us, and govern your use of the Website and purchases made thereon. 

These Terms of Use, with the Terms & Conditions, supersede any prior agreements between you and us with respect to the Website and purchases made thereon. 

We each acknowledge that, in entering into these Terms of Use, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. 

These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. 

Any failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. 

The headings in these Terms of Use are for convenience only and have no legal or contractual effect. 

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us. You also agree that the Website will be deemed solely based in Massachusetts. 

If you have any questions about these Terms of Use, please contact us.

466 Franklin Street

Melrose, MA 02176

Updated: November 2021