Revolution Dancewear LLC Terms of Use
Last Updated: December 3, 2025
Welcome, and thank you for your interest in Revolution Dancewear LLC (“Revolution,” “we,” or “us”) and our website at https://www.revolutiondance.com, along with our related websites and hosted platform (collectively, the “Site”), and other services and products offered or otherwise made available on or through the Site or by Revolution (collectively, the “Products” and together with the Site, the “Services”). These Terms of Use are a legally binding contract between you and Revolution regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING REVOLUTION’S PRIVACY POLICY AND OTHER POLICIES LINKED ON THE SITE (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES AN AGREEMENT BY REVOLUTION AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF REVOLUTION AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL CALLS OR MESSAGES ABOUT YOUR USE OF THE SERVICES, AS WELL AS MARKETING CALLS OR MESSAGES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND REVOLUTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Services Overview. Revolution offers dancewear, costumes and accessories exclusively to dance studios or schools, theatre groups, arts centers, educational institutions, government arts programs, park districts, arts non-profit organizations, competitions, conventions, and production companies, with products including apparel, shoes, and performance costumes. Revolution offers customer service support and tools to help studios and schools sell merchandise and manage their businesses.
- Eligibility. You must own, operate or otherwise represent a dance studio or school, theatre group, arts center, educational institution, government arts program, park district, arts non-profit organization, competition, convention, or production company, or be a party expressly authorized by a dance studio or school, theatre group, arts center, educational institution, government arts program, park district, arts non-profit organization, competition, convention, or production company, to access the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) own, operate or otherwise represent a a dance studio or school, theatre group, arts center, educational institution, government arts program, park district, arts non-profit organization, competition, convention, or production company, or were expressly authorized by Revolution and a a dance studio or school, theatre group, arts center, educational institution, government arts program, park district, arts non-profit organization, competition, convention, or production company to access or use the Services; (c) your access to or use of the Services has not previously been suspended or removed; and (d) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about your dance program and yourself, such as your name, email address, or other contact information and your affiliation with a dance program. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@revolutiondance.com.
- General Payment Terms. To use some Services, you may be required you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
4.1 Price. Revolution reserves the right to determine pricing for the Services. Revolution will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check our pricing page periodically for current pricing information. Revolution may change the fees for any feature of the Services, including additional fees or charges, if Revolution gives you advance notice of changes before they apply. Revolution, at its sole discretion, may make promotional offers with different features and different pricing to any of Revolution’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize Revolution to charge all sums for the orders that you make and any Products you select as described in these Terms or published by Revolution, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Revolution may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Delinquent Accounts. Revolution may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid, then Revolution reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you. -
Product-Specific Terms. Please read our additional Product-specific terms listed below that shall apply to the Products (“Product-Specific Terms”). Such Product-Specific Terms are incorporated by reference into these Terms and are deemed part of these Terms. In the event of any conflict between the Terms and these Product-Specific Terms, the Product-Specific Terms prevail with respect to that particular Product.
• Orders and payment for a Product are governed by our Order & Payment Terms.
• Pricing of a Product is governed by our MAP Pricing Policy.
• Sales tax applicable to a Product is governed by our Sales Tax Terms.
• Shipping and delivery of a Product are governed by our Shipping & Delivery Terms.
• Returns and exchanges of a Product are governed by our Return & Exchange Terms. -
Licenses
6.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Revolution grants you, solely for non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services.
6.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, then you may not use it.
6.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Revolution an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us. - Ownership; Proprietary Rights. The Services are owned and operated by Revolution. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Revolution (“Materials”) are protected by intellectual property and other laws. All Materials included in the Services are the property of Revolution or its third-party licensors. Except as expressly authorized by Revolution, you may not make use of the Materials. There are no implied licenses in these Terms and Revolution reserves all rights to the Materials not granted expressly in these Terms.
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Third-Party Terms
8.1 Third-Party Services and Linked Websites. Revolution may provide tools through the Services that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Services with an account on the third-party service. By using one of these tools, you hereby authorize Revolution to transfer that information to the applicable third-party service. Third-party services are not under Revolution’s control, and, to the fullest extent permitted by law, Revolution is not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites. Linked websites are not under Revolution’s control, and Revolution is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Revolution will have no control over the information that has been shared.
8.2 Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses. -
User Content
9.1 User Content Generally. Certain features of the Services may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Services, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Services, subject to the licenses granted in these Terms. We may reject User Content for use in connection with the Products in our sole discretion.
9.2 Limited License Grant to Revolution. By Posting User Content to or via the Services, you grant Revolution a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Services. For clarity, this license expressly includes our use of User Content for our internal business purposes and use in promotional materials, including identifying you as a client in lists, pitch materials, our website, and other marketing materials. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Revolution’s exercise of the license set forth in this Section.
9.3 Specific Rules for Photographs and Images. If you Post a photograph or image to the Services that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Services, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
9.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Revolution disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Revolution and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Revolution, the Services, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Revolution to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
9.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Revolution may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Revolution with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Revolution does not permit infringing activities on the Services.
9.6 Monitoring Content. Revolution does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that Revolution reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Revolution chooses to monitor the content, then Revolution still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Revolution may block, filter, mute, remove, disable or terminate access to any User Content uploaded to or transmitted through the Services without any liability to the user who Posted such User Content to the Services or to any other users of the Services. -
Communications
10.1 Text Messaging & Phone Calls. You agree that Revolution and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Services, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM REVOLUTION, YOU CAN EMAIL INFO@REVOLUTIONDANCE.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALLCALLS AND TEXT MESSAGES FROM REVOLUTION, YOU CAN EMAIL INFO@REVOLUTIONDANCE.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICES. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Services.
10.2 Email. We may send you emails concerning our Products, as well as those products or services of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. -
Prohibited Conduct. BY USING THE SERVICES, YOU AGREE NOT TO:
11.1 use the Services for any illegal purpose or in violation of any local, state, national, or international law;
11.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.3 access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Revolution;
11.4 interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
11.5 interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
11.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services account without permission, or falsifying your age or date of birth;
11.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
11.8 attempt to do any of the acts described in this Section 11 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 11 (Prohibited Conduct). -
Intellectual Property Rights Protection. Revolution respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services. Revolution’s policy is to: (a) remove or disable access to User Content that Revolution believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Revolution will terminate the accounts of users that are determined by Revolution to be repeat infringers. Revolution reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
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Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
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Term, Termination, and Modification of the Services
14.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Services, and ending when terminated as described in Section 14.2 (Termination).
14.2 Termination. If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, Revolution may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at info@revolutiondance.com.
14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay Revolution any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by Revolution), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your account, you may lose access rights to any User Content you Posted to the Services. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Services using a different name, email address or other forms of account verification.
14.4 Modification of the Services. Revolution reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Revolution will have no liability for any change to the Services, including any paid-for functionalities of the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services are modified in such a way that you lose access to User Content you Posted to the Services. - Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Revolution, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Revolution Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Services; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
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Disclaimers; No Warranties by Revolution
16.1 THE SERVICES, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REVOLUTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REVOLUTION DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REVOLUTION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR REVOLUTION ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE REVOLUTION ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICES USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
16.3 Some jurisdictions provide consumers with certain mandatory statutory rights (e.g., right to supplementary performance, right for a refund, repair or replacement, etc.) which cannot be waived or limited by contract, or only limited in certain circumstances. These Terms are qualified by such mandatory statutory rights where applicable and shall not be interpreted to waive, limit or otherwise abrogate such mandatory statutory rights. NOTWITHSTANDING THE FOREGOING, REVOLUTION SHALL HAVE NO OBLIGATIONS UNDER ANY WARRANTIES OR CONSUMER GUARANTEES, IF THE ALLEGED DEFECT, NON-CONFORMANCE OR DAMAGE IS FOUND TO HAVE OCCURRED AS A RESULT OF MISUSE, USE OTHER THAN AS SET FORTH IN THE APPLICABLE USER MANUAL OR INSTRUCTIONS FOR USE, NEGLECT, IMPROPER INSTALLATION OR ACCIDENT, OR AS A RESULT OF IMPROPER REPAIR, ALTERATION, MODIFICATION, STORAGE, TRANSPORTATION OR IMPROPER HANDLING OR IF THE USABILITY IS IMPAIRED ONLY SLIGHTLY.
16.4 Any granted Product warranty hereunder, shall extend directly to you only and not to your customers, agents or representatives.
16.5 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY REVOLUTION) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Revolution does not disclaim any warranty or other right that Revolution is prohibited from disclaiming under applicable law. -
Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REVOLUTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY REVOLUTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2 EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE REVOLUTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO REVOLUTION FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.
17.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. -
Dispute Resolution and Arbitration
18.1 Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Revolution agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REVOLUTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Revolution Dancewear LLC, Attention: Legal Department – Arbitration Opt-Out, 6100 W Howard St., Niles, IL, 60714, that specifies: your full legal name and the full legal name of the dance studio or school associated with the account, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Revolution receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Revolution.
18.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Revolution’s address for Notice is: Revolution Dancewear LLC, 6100 W Howard St., Niles, IL, 60714. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Revolution may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Revolution will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or if Revolution has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
18.6 Arbitration Proceedings. Any arbitration hearing will take place in Chicago, Illinois, unless we agree otherwise or, if the claim is for $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in Chicago, Illinois. During the arbitration, the amount of any settlement offer made by you or Revolution must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
18.7 Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Revolution before an arbitrator was selected, Revolution will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
18.8 No Class Actions. YOU AND REVOLUTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Revolution agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.9 Modifications to this Arbitration Provision. If Revolution makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Revolution’s address for Notice of Arbitration, in which case your account with Revolution will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.10 Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Revolution receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms. - Miscellaneous
19.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Revolution regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.2 Governing Law. These Terms are governed by the laws of the State of Illinois without regard to conflict of law principles. You and Revolution submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Chicago, Illinois for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Services from our offices in Illinois, and we make no representation that Materials included in the Services are appropriate or available for use in other locations.
19.3 Privacy Policy. Please read the Revolution Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Revolution Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19.4 Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.5 Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.6 Contact Information. The Services are offered by Revolution Dancewear LLC, located at 6100 W Howard St., Niles, Illinois 60714. You may contact us by sending correspondence to that address or by emailing us at info@revolutiondance.com.
19.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
19.8 No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.