I. Information We Collect and How It Is Used
B. Types of Information We Collect
1. We collect information from Visitors and Members who access various parts of our Website and use different Services in a variety of ways, including through a mobile device. As a result, the type of information we collect depends on the ways Visitors and Members interact with us, our Website and/or our Service(s). We may offer websites, services or applications that permit browsing and do not require registration. We may also offer Members the ability to access their accounts online and offline, which may result in collection of different data.
2. Information that we may collect about you through interactions includes information that you give us (such as your name, address, email address, telephone number, date of birth, other contact information, surveys and other information input into the Website); automatic information (data resulting from your activity, such as transaction information, IP address, log in, email, passwords and browsing activity); mobile information (location services); and information from other sources, such as social security numbers for contractors and instructors. We may also gather additional information such as the type of device and browser you are using, the IP address of your device, information about your device's operating system, and additional information associated with your device and browsing activity. We may also gather information collected through cookies, tags, tracers, tracking scripts, web beacons, and other technologies, as described further below. We may supplement the personal information you provide with publicly available information about you as well as information from other sources.
6. We may use the Website as an entry into other networked web pages and websites operated by us and our subsidiaries and affiliates (together, the "Transaction Sites"), such as for credit card processing. Please note that individual Transaction Sites may adopt privacy terms particular to the purpose of such Transaction Site or the transaction(s) taking place on such Transaction Site. As Transaction Sites are generally affiliated with commercial transactions that you or your business may have with us, particularly those which are password-protected or are subject to subscriptions, the privacy terms for such sites may differ through terms in separate agreements which may supplement or supersede these terms.
C. Use of Registration and Visitor Information
1. Registration may be allowed or required on the Website. Members are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, email address and billing information (such as a credit card number and expiration date). The personal information collected from Members during the registration process is used to manage each Member's account (such as for billing purposes) and may be shared with other Members to coordinate Services. This information is not normally shared with unaffiliated third parties, unless specifically stated otherwise or in special circumstances.
2. We employ other companies and individuals to perform functions on our behalf. They have access to personal information gathered through the Services needed to perform their functions, but may not use it for other purposes.
3. We may promote the Website, Services or a new service to Members, such as by sending you emails or, if you have provided consent, sending you text messages. You may manage your communication preferences within your account.
4. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.
D. Email Marketing From Third Party Sponsors
E. "Cookies" and How We Use Them
F. Additional Technologies
We may also use additional technologies such as pixel tags, web beacons, tracers, tracking scripts, clear GIFs and other technologies, and may permit our third party service providers to use these technologies. We use these technologies for purposes such as measuring the effectiveness of our advertisements or other communications, determining viewing and response rates, and determining which offers to present to you on our own or on third party sites.
G. Change in Ownership
1. As we continue to develop our business, we might sell or buy websites, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).
2. In connection with a change in ownership, or a merger or an acquisition, all (or select aspects) of our customer information may be transferred. All of our subscribers and registered users will be notified of any change in ownership, merger or an acquisition of our assets by a third party. Subscribers and users may choose to access and modify any of their registration and subscription information at that time.
H. Special Cases
While using our Service and/or website, you will have opportunities to post reviews or other personal information in public areas. Please understand that when you post such information, it is made public and is not subject to this policy. We are not responsible for any third party's use of personal information you publicly disclose through our Service.
It is our policy not to use or share personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including:
to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information;
to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service [https://victoryskating.com/#rec310758184] or other policies;
to operate the Services properly;
or to protect the rights, property, and safety of us, our Members, or any third party.
This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
I. Children's Privacy
2. In compliance with COPPA, we have adopted the following policies to keep Children safe.
a. Personally identifiable information we collect from Children will be used solely by us or our agents for internal purposes only and will not be sold or otherwise distributed to third parties.
b. We will not knowingly allow Children to access any social media site that may exist on the Website, email accounts, or other services we provide that would allow them to publicly post or otherwise distribute personally identifiable information.
c. We will not knowingly ask a Child to divulge more information than is needed to participate in any activity, game, or service.
d. We will not knowingly keep any personally identifiable information that is inadvertently included in a Child's email submission, help inquiry, or other one-time request, if we know that the child is under the age of 13.
e. We will not knowingly post any personally identifiable information that is inadvertently included in a Child's submission to a general audience contribution area if we know that the child is under the age of 13. These submissions will be deleted and handled anonymously thereafter.
f. We will not knowingly provide any direct link to websites that are unsuitable for Children or teens.
3. Consistent with COPPA, there are few instances where we will collect information from Children, such as:
a. Requesting the contact information of a Parent for the sole purpose of providing notification to the Parent;
b. Collecting Children's contact information on a one-time basis, such as when they enter a contest or ask us a question using the "contact us" link on our Website. We will use this information on a one-time basis solely to directly respond to the Child's request.
c. Collecting a Child's contact information and the contact information of his/her Parent solely to directly respond more than once to a specific request from the Child (for example, to satisfy the request for a newsletter subscription). The Parent will have an opportunity at any time to revoke the Child's request (i.e., unsubscribe). We will not use the Child's personal information to re-contact the child for any other purpose;
d. Collecting a Child's image and voice information, solely as allowed pursuant to the provisions of Paragraph L, below; and
e. Using cookies to collect non-personally-identifiable information on our Website for analytics and internal operations purposes.
J. How to access and control your personal data
You can make choices about the collection and use of your data by Victory Skating. You can control your personal data that Victory Skating has obtained, and exercise your rights to review the data that has been collected; make corrections to the information and request that we erase personal data by contacting Victory Skating (see contact information in IV Miscellaneous section). In some cases, your ability to access or control your personal data will be limited, as required or permitted by applicable law.
K. Your California Privacy Rights
California's "Shine the Light" law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year.
N. Sharing Information with Our Services
Your profile is fully visible to all Members, users and customers of our Services. It may also be visible to others on or off of our Services (e.g., users of third- party search engines). Excerpts from your profile may appear on the services of others (e.g., search engine results, mail and calendar applications that show a user a "mini" Victory Skating profile of the person they are meeting or messaging, social media aggregators). "Old" profile information may remain on these services until they update their data cache with changes you made to your profile. Your settings, the degree of connection or interests you have with the viewing Member, the subscriptions they may have, their usage, and other variables impact the availability of your profile and whether they can view certain fields in your profile.
Posts, Likes, Follows, Comments, Messages
Our Services allow viewing and sharing information including through posts, likes, follows and comments.
When you share an article or a post (e.g., an update, image, video or article) publicly it can be viewed by everyone and re-shared anywhere. Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
In a group, posts are visible to others in the group. Your membership in groups is public and part of your profile.
When you follow a person or skill, you are visible to others as a follower.
We let senders know when you act on their message.
We let a Member know when you view their profile.
When you like or re-share or comment on another's content (including ads), others will be able to view these "social actions" and associate it with you (e.g., your name, profile and photo if you provided it).
II. Credit Card Information
A. Credit Card Information
We are committed to handling your customer information with high standards of information security. Your credit card information is stored only in encrypted form and processed using a secured order server with Secure Socket Layer (SSL) technology through use of a third party payment processor. While we make every effort to ensure the integrity and security of our network and systems, and those of our affiliates and agents, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
B. What is your Credit Card Fraud Policy?
In the unlikely event that you experience unauthorized use of your credit card, promptly report the fraudulent activity to your credit card company. Under the Fair Credit Billing Act, your liability may be limited for fraudulent charges. Please check with your credit card company to verify specific terms and conditions.
III. Communication to Members and Visitors
We use personal information to communicate important information with our Members. Important information includes, but not limited to, student newsletters, instructor newsletters, lesson reminders, lesson journal entries, payment information, credit card update notifications, account status, legal updates, and other important account information. Members and, where applicable Visitors, agree to accept this communication from us. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
A. Online Advertisements
We occasionally display online advertisements on our Website and in our newsletters and alerts. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser might tell us the audience they want to reach (for example, females between 18 and 30 years of age) and provide us with an advertisement tailored to that audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. However, we do not share personal information about its Visitors or Members with these advertisers to be used for other purposes.
B. Responses to Email Inquiries
When Visitors or Members send email inquiries to us, we use the return email address to answer the email inquiry we receive. We do not use the return email address for any other purpose and do not share the return email address with any third party.
Attn: Victory Skating Corp.
919 North Market Street, Suite 950, Wilmington, New Castle County, Delaware, Zip 19801
B. Changes to This Policy
C. Terms of Service, Arbitration and Governing Law
Last modified: February 17, 2022
Welcome to https://victoryskating.com (the "Website"), an online figure skating academy operated by Victory Skating Corp. (hereafter "us" "we" "our" or "Victory Skating") connecting students ("Students") with a network of figure skating coaches and instructors (hereafter "Coaches"). These Victory Skating Terms of Service (these "Terms of Service," or this "Agreement") binds you or the entity you represent ("you" or "your") to the terms and conditions set forth herein when you use or access the Website or any of our software, applications, sites, materials, products, tools and other offerings (collectively, the "Services"). If you wish to use our Services, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use our Services.
1. Acceptance of Terms of Service Agreement
Membership in or use of our Services is void where prohibited. Any access to or use of our Services by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. How the Service Works
We are an online figure skating academy for Students and a network of independent contractor Coaches. We are not responsible or liable for any interactions involved between Coaches and their respective Students or between Members. Coaches and Students are solely responsible for all interactions, conversations, and any form of communication and behavior between any other Member. Our Services are separate and distinct from the services of the Coaches.
For Coaches, prospective Students can review their profile, communicate with Coaches, and book and lessons with them (called a "Listing").
For Students, we provide a marketplace to find an appropriate Coach and schedule figure skating lessons with them. Users may be able to review Listings as an unregistered user of our Services; however, if you wish to book a lesson as a Student, and to create a Listing as a Coach, you must first become a registered Member.
You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to book or manage lessons, you must become a registered Member. To become a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A Student may not have more than one active Student Account. We reserve the right to suspend or terminate your Student Account and your access to our Services for any reason.
a. Student Membership.
You must be at least eighteen (18) years old to be a Student; otherwise, a parent or legal guardian must provide consent to your use of the Service, and accept this Agreement on your behalf. As a Student, you will have the ability to book and pay for lessons, manage your lesson schedule, communicate with Coaches, and use any other Services provided to Students. As a Student you must continually comply with this Agreement and the Student Policies set forth here [https://victoryskating.com/#rec415618785]. Additional terms and conditions of service may be contained within your Student account.
b. Coach Membership.
You must be at least eighteen (18) years old to be a Coach; otherwise, a parent or legal guardian must provide consent to your use of the Service, and accept this Agreement on your behalf. As a Coach, you will have access to tools that enable you to manage scheduling, billing and communication, as well as other tools provided by us. In addition, you will have the opportunity to apply for a Listing. Any Listing you post (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information. If your Listing is presented within our Services, you must continually comply with this Agreement and the Coach Policies set forth here [https://victoryskating.com/#rec415620678]. Any Coach who accepts a booking through our Services must honor all terms and conditions of the Listing, this Agreement and any additional Coach Policies in effect at the time of booking. Additional terms and conditions of service may be contained within your Coach Account.
c. General Disclaimer.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a Member. We assume no responsibility for ensuring a Member's compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or our Services, any content posted on the Website or transmitted to Members, or any interactions between users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.
Some of our Services may require Students to have a computer and a sustained and reliable internet connection. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control.
Our Services may give you access to links to third-party websites ("Third Party Sites"), either directly or through Providers. We do not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE.
d. Warranty Disclaimer.
OUR WEBSITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF OUR SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
f. Code of Conduct.
While using our Services you agree not to:
Restrict or inhibit any other visitor or Member from using our Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of our Services;
Use our Services for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;
"Frame" or "mirror" any part of the Website or our Services without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Harvest or collect information about Website visitors or Members without their express consent;
Create more than one profile without our express written consent;
Permit anyone else whose account or subscription was terminated, or who is not a Member, to use our Services through your subscription, username or password;
Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Transfer your account or user ID to another party without our consent;
Be disruptive in any lesson or group instruction;
Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or
Engage in any communication related to sexual conduct, nudity, or which expresses profanity.
Lesson prices are agreed to at the time of payment for the number of lessons purchased. Lesson prices vary by Provider and lesson type and are subject to change at any time. Students and Coaches are obligated to honor the prices established at the time of payment. See additional Student and Coach Policies set forth here [https://victoryskating.com/#rec415618785] and here [https://victoryskating.com/#rec415620678]. Additional pricing terms and conditions are contained within Student and Coach accounts and within email correspondence from Victory Skating. Refunds are not provided for acts taken in violation of this Agreement or for technical failures, power outages or unreliable internet connections beyond our control. If you are unable to attend a class (group or private,) and you do not email us at least 3 hours before the scheduled start time. No refunds will be issued without at least 3 hours notice for cancellation.
This Agreement will remain in full force and effect while you use our Services and/or are a Member. You may terminate your membership at any time, for any reason, by sending written notice of termination to Victory Skating Corp., 919 North Market Street, Suite 950, Wilmington, Bew Castle County, Delaware, Zip 19801, or at firstname.lastname@example.org. To help us analyze and improve our Services, you may be asked to provide a reason for your cancellation. We may terminate your membership and/or subscription at any time through notice to your email address on file. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
During the term of this Agreement and for two years thereafter, no Member shall, directly or indirectly, circumvent, initiate, solicit, negotiate, contract or enter into any business transactions with any Member introduced by us through our Services, without our consent. In case of such circumvention, such Member agrees and guarantees that such Member will pay a legal monetary penalty that is equal to the commission or fee we would have realized in such transactions, had Member not circumvented our rights under this Agreement.
8. No Non-Permitted Use by Members
Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
9. Account Security
You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Victory Skating Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your Victory Skating account.
10. Limitation of Liability
a. IN NO EVENT SHALL VICTORY SKATING AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, VICTORY SKATING AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.
b. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VICTORY SKATING AND/OR ITS OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDING TWELVE (12) MONTHS, UP TO A MAXIMUM OF FIVE HUNDRED DOLLARS ($500).
11. Content within our Services
a. Proprietary Rights.
The Website and our Services contains the copyrighted material, trademarks, and other proprietary information of Victory Skating, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc.
Opinions, advice, statements, reviews, offers, or other information or content made available through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
12. Content Posted by You
As a Member, you may be able to post Content (herein defined as uploading videos, photos, providing reviews of Members, attendance in live classes online through Victory Skating owned technology, and other forms of user contributions to the Site or Service). You are solely responsible for the Content that you publish or display (hereinafter, "post") using our Services, or transmit or display to other Members. You will not post on the Website or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, including attending any online class through Victory Skating Live or any other part of the Victory Skating Service, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, record, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party. To request the removal of any Content you have posted, please contact us at email@example.com
13. Modification to Services
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted within your Member profile, on the Website or communicated through our Services.
14. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at firstname.lastname@example.org
15. Member Disputes
You are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.
16. Privacy and Communications
Our Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
18. Arbitration and Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND VICTORY SKATING HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Victory Skating agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to our Services, or any products or services sold or purchased through our Services, will be resolved in accordance with the provisions set forth in this Section ("Agreement to Arbitrate").
a. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Victory Skating, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate
You and Victory Skating each agree that any and all disputes or claims that have arisen or may arise between you and Victory Skating relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to Victory Skating's Services, or any products or services sold, offered, or purchased through Victory Skating shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except as prohibited by law.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
The arbitration hearing shall be held in the county in which you reside, or, if you reside outside of the United States, in New Castle County, Delaware. If the value of the relief sought is $10,000 or less, you or Victory Skating may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Victory Skating subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Victory Skating may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Victory Skating user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Victory Skating for all fees associated with the arbitration paid by Victory Skating on your behalf that you otherwise would be obligated to pay under the AAA's rules.
c. Judicial Forum for Legal Disputes.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Victory Skating must be resolved exclusively by a state or federal court located in New Castle County, Delaware. You and Victory Skating agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware for the purpose of litigating all such claims or disputes.
19. Release and Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS OR OTHER USERS OF OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE VICTORY SKATING AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND OUR SERVICES.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD VICTORY SKATING AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, OUR SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY SERVICES OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICES OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
You are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor.
A. European Union
In the event that the sale or delivery of a product or service in the European Union is subject to any value added tax ("VAT"), under applicable law, we will collect and remit the VAT to the competent tax authorities for sales of such products or services as required by law. You will indemnify and hold Victory Skating harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
B. All Other Countries
For sales in countries other than the European Union, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location).
C. Foreign Currency
We will default the sale currency to US dollars. The currency of any transaction will match the sale currency displayed to you through our Services. You cannot change your displayed currency. Each foreign currency conversion is processed at a foreign currency conversion rate used by our credit card merchant providers. Currency conversion rates will vary from time to time. We may, in our sole discretion, round up or round down the sale price to the nearest whole functional base unit in which the sale currency is denominated (e.g. to the nearest dollar, euro or other supported currency). Some currencies are denominated in large numbers. In those cases, we may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.
If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement, including, without limitation Sections 4, 7, 10, 18, 19 & 20, shall survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or our Services. This Agreement is binding on the parties hereto and their successors and assigns.
Please contact us at email@example.com with any questions regarding this Agreement.
USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
Victory Skating Student Policy
As a Student, you will be required to:
Pay for lessons in advance and manage billing, and account status via a website victoryskating.com
Manage all schedule details via a client manager by email at firstname.lastname@example.org
Understand and comply with the rescheduling rules set
Work directly with Victory Skating to change Coaches
Thank you for visiting our site.
Victory Skating Coach Policy
As a Coach, you are required to:
Let Victory Skating handle the billing for all lessons (initial and subsequent lessons) for all students
Honor scheduling policies as agreed to by you and your Students
Log into your account at least every 3 days to keep your account active and have the opportunity for new students to book lessons with you
Not possess, use, sell, or be under the influence of alcohol or drugs while conducting instruction
As a Coach, you are encouraged to:
Address all schedule details directly with a client manager
Notify Victory Skating if your Student misses a training session
You also agree that:
You understand that your relationship with us is that of an independent contractor, and nothing in this Policy, the Terms of Service, or any agreement between you and Victory Skating is intended to, or shall be construed to create a partnership, agency, joint venture, employment or similar relationship between you and us.
You will list certain personal information on your Listing, such as your last name and email address, as well as any social media hashtags.
You are not entitled to any of the benefits that we may make available to our employees, such as group health or life insurance, profit-sharing or retirement benefits.
You are not authorized to make any representation, contract, or commitment on our behalf unless specifically requested or authorized by us in writing to do so.
No part of your compensation will be subject to withholding by us for the payment of any social security, federal, state or any other employee payroll taxes.
You will accurately mark lessons in your Victory Skating account after lessons are complete in order to receive payment for those lessons
You will observe all anti-harassment and non-discrimination laws in the performance of your services.
For your reference, here is the Student Policy [https://victoryskating.com/#rec415618785] that your Students are required to follow.