Terms of Service
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Runqiao Du, LLC provides an online fitness community and related products, services, content and features through Runqiao Du, LLC websites, and Runqiao Du, LLC-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). By registering as a member or by visiting, browsing, or using the Runqiao Du, LLC Service in any way and have your usual residence in the US or Canada, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Runqiao Du, LLC.
If you do not wish to be bound by these Terms, you may not access or use the Runqiao Du, LLC Service. Certain elements of the Runqiao Du, LLC Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Runqiao Du, LLC Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
1. License to Use the Runqiao Du, LLC Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Runqiao Du, LLC Service, Runqiao Du, LLC grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Runqiao Du, LLC Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Runqiao Du, LLC Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the Runqiao Du, LLC Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Runqiao Du, LLC.
Restrictions. Except as expressly permitted in writing by an authorized representative of Runqiao Du, LLC, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Runqiao Du, LLC Service, nor will you take any measures to interfere with or damage the Runqiao Du, LLC Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Runqiao Du, LLC Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by Runqiao Du, LLC in these Terms are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
3. Membership Structure and Fees
Runqiao Du, LLC will provide information on its then-current membership and Subscription requirements on the Runqiao Du, LLC Site and/or by other means through the Runqiao Du, LLC Service. Features and prices are subject to change.
4. Termination; Account Deletion
Term. These Terms begin on the date you first use the Runqiao Du, LLC Service and continue as long as you have an account with us and/or continue to use the Runqiao Du, LLC Service.
Termination. Runqiao Du, LLC may, in Runqiao Du, LLC’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Runqiao Du, LLC determines that you have violated these Terms or that your conduct or User Content would tend to damage Runqiao Du, LLC’s reputation or goodwill. If Runqiao Du, LLC deletes your account, you may not re-register for or use the Runqiao Du, LLC Service under any other user name or profile. Runqiao Du, LLC may block your access to the Runqiao Du, LLC Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by Runqiao Du, LLC will terminate. The following sections survive termination: Privacy (Section 2), User Content (Section 5), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Runqiao Du, LLC is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the Runqiao Du, LLC Service. Runqiao Du, LLC, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
5. User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Runqiao Du, LLC Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Runqiao Du, LLC Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Runqiao Du, LLC Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Runqiao Du, LLC Service.
As between you and Runqiao Du, LLC, you represent that you own (or have all rights necessary to grant Runqiao Du, LLC the rights below to) all User Content that you submit to the Runqiao Du, LLC Service, and that Runqiao Du, LLC will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Runqiao Du, LLC a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Runqiao Du, LLC Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Runqiao Du, LLC or through the Runqiao Du, LLC Service about improving or adding new features or products to the Runqiao Du, LLC Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Runqiao Du, LLC a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Runqiao Du, LLC Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Other than Site Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on the Site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below.
Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);
A mailing address, telephone number, and email address where we can contact you;
A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You agree to indemnify, defend, and hold harmless Runqiao Du, LLC and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
your activities on the Runqiao Du, LLC Service,
any User Content submitted by or on behalf of you or
your violation of these Terms.
8. No Warranties
Runqiao Du, LLC reserves the right to modify the Runqiao Du, LLC Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Runqiao Du, LLC Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Runqiao Du, LLC Service. Runqiao Du, LLC has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Runqiao Du, LLC Service is suitable for all users or that it will continue to be available for any length of time.
Runqiao Du, LLC provides the Runqiao Du, LLC Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Runqiao Du, LLC Service at your own risk. Other than as expressly provided in writing by Runqiao Du, LLC in connection with your purchase of a Runqiao Du, LLC product, to the extent permitted by law, Runqiao Du, LLC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Runqiao Du, LLC makes no representations or warranties:
That the Runqiao Du, LLC Service is or will be permitted in your jurisdiction;
That the Runqiao Du, LLC Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the Runqiao Du, LLC Service will meet your personal or professional needs;
That Runqiao Du, LLC will continue to support any particular feature of the Runqiao Du, LLC Service; or
Concerning sites and resources outside of the Runqiao Du, LLC Service, even if linked to from the Runqiao Du, LLC Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE Runqiao Du, LLC SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
9. Limitation of Liability
To the fullest extent permitted by law:
Runqiao Du, LLC shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Runqiao Du, LLC Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Runqiao Du, LLC’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Runqiao Du, LLC and you.
By purchasing our service, you agree to the following Liability Waiver:
I, the undersigned, In consideration of being allowed to participate in an event or program sponsored by Runqiao Du, LLC’, understand and expressly assume all risks involved in connection with dance instruction, rehearsal, training, and performance at Runqiao Du, LLC, whether in person or through remote learning via the internet, including but not limited to risk of bodily injury occurring as a result of contact with other students, instructors, walls, equipment, floors, structural poles, and other objects located in or near dance studios or in any location at which dance instruction, rehearsal, training, or performance Is taking place, or my physical condition or physical limitations, and I warrant that I am physically fit and able to participate in all activities involved in dance instruction, rehearsal, training and Performance and assume the risk of such.
I hereby irrevocably release, waive, discharge, indemnify and hold harmless Runqiao Du, LLC, its successors and assigns, its oficers, directors, shareholders, employees and agents, and their heirs, executors, and administrators (“RELEASES”) from any and all claims, demands, suits, actions, causes of action, costs, ‘expenses, losses, awards, judgments, injuries or damages (including reasonable attorney fees and related costs incurred by any of the RELEASEES) caused or alleged to have been caused by RELEASEES to me ormy child/children in connection with his/her/their/my participation or engagement in any Runqiao Du, LLC program including, but not limited to, claims arising out of dance instruction, rehearsal, training, and performances, provided by Runqiao Du, LLC whether caused by negligence or otherwise, and whether for bodily injury, property damage, or loss or otherwise, which I may ever have against the RELEASEES.
I HAVE READ THE ABOVE WAIVER, RELEASE, AND INDEMNIFICATION OF LIABILITY AND I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP CERTAIN RIGHTS BY SIGNING IT.
10. Safety Warnings
THE Runqiao Du, LLC SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE Runqiao Du, LLC SITE OR HEARD ON THE Runqiao Du, LLC SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE Runqiao Du, LLC SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE Runqiao Du, LLC SITE OR AVAILABLE THROUGH ANY Runqiao Du, LLC SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE Runqiao Du, LLC SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, Runqiao Du, LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE Runqiao Du, LLC SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of Runqiao Du, LLC with the intent of using the Runqiao Du, LLC Service, you affirm that either (A) all of the following statements are true:
no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
you do not know of any other reason you should not exercise; or
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Runqiao Du, LLC Service.
If applicable, you further affirm that
you are not pregnant, breastfeeding or lactating; unless
your physician or general practitioner has been specifically consulted and approved your use of the Runqiao Du, LLC Service.
Runqiao Du, LLC reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Runqiao Du, LLC Site and/or through the Runqiao Du, LLC Service. Modifications will be effective on the date that they are posted to the Runqiao Du, LLC Site. It’s important that you review the Terms whenever we update them before you use the Runqiao Du, LLC Service. If you continue to use the Runqiao Du, LLC Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(7) “Effect of Changes on Arbitration,” you may not use the Runqiao Du, LLC Service anymore. Because the Runqiao Du, LLC Service is evolving over time we may change or discontinue all or any part of the Runqiao Du, LLC Service, at any time and without notice, at our sole discretion.
12. Governing Law
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
14. Entire Agreement
These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any products you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.