Terms & Conditions
1) The Sideline Huddle Terms and Conditions
2) General Terms and Conditions of Use
The Sideline Huddle Membership TERMS AND CONDITIONS
This Agreement (the “Agreement”) contains the rules that govern, where appropriate, your membership relationship with The Cultivate Code a Nevada LLC (“The Cultivate Code]”, “we”, “us”, or “our”, “Company”), including through the The Cultivate Code LLC website (the “The Cultivate Code” Website”). The words “you” and “your” mean the person signing up to receive service(s) and account(s) from us, and anyone else with authority to transact or exercise control over an account.
By enrolling in services or applying for an account with The Cultivate Code, you agree to be bound by the terms and conditions of the account, and any fees that may be imposed. The terms and conditions of your account include this Agreement, any disclosures we give you when you open your account, subsequent disclosures we provide when using additional products and services, periodic statements, user guides, and any other disclosure or terms we provide to you. Continued use of your account means you agree to these terms, you agree to pay the fees listed, and you give us the right to collect the fees, as earned, directly from your account balance or any linked external accounts.
- Scope of Services (“the Services”)
The Membership includes the following services (“the Services”):
- Receive live coaching from Amira or Industry Professionals every other week.
- Join a thriving, supportive community of like-minded individuals, and to connect with other aspiring pro dancers who are in this journey with you and cheering you on.
- Get access to future training and curriculum all in one place.
- Unlock the Masterclass Vault—full of previously recorded workshops and classes from some of your favorite pro dancers and coaches.
- Access first dibs on TCC Events & receive exclusive discounts.
This Agreement includes the following sections or other provisions and services above which apply to various services of your membership. You are not obligated to take advantage of all of these services, but you are obligated to pay the full price of your Membership. Any additional services provided by The Cultivate Code to you may require additional fees to be discussed and agreed upon by the parties.
- Member Duties
Compensation: In consideration for the Services provided by us
to you as set forth in paragraph 1 above, you agree to pay the current Membership fee corresponding to the experience you selected at the time of joining The Sideline Huddle Membership
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, Monthly or Yearly depending on your selection. Your initial Membership Services fee will be assessed by Kajabi, after your Payment Method has been verified (“the Initial Charge”). Thereafter, the Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the anniversary date of the date that you acknowledged the The Sideline Huddle Services Terms and Conditions based on the Billing Cycle (
“Billing Date”). The Payment Method will automatically be charged at the then-current applicable rate until you cancel the service.
Cancellation: You may cancel the Membership Services Program before your next Billing Cycle in accordance with these terms, but payments are nonrefundable and there are no refunds or credits for partially used periods. If a payment is not successfully settled, due to expiration, insufficient funds, lack of verification, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method for the uncollected amount. You remain responsible for any uncollected amounts.
Payment Plan: If you have elected to enroll in a payment plan for The Sideline Huddle, you agree to also authorize the charges on your credit card. By signing up for the payment plan, you also agree to pay your balance in full by the date specified on your payment plan. You also acknowledge that the credit card(s) or payment method(s) you use to purchase any payment plan for any individual product will be active, valid and have sufficient funds available during the entire term of the payback period. If for any reason my payment is declined, you agree to provide an alternative, valid payment method. If your credit card cannot be charged on the date specified by us, we reserve the right to revoke your access to The Sideline Huddle Membership. We reserve the right to report delinquent payments to credit agencies and collections agencies.
Additional Member Duties: You understand that your success in The Sideline Huddle Membership is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service and make considerable efforts toward your own personal development on your own time during the term of Services. You are responsible for requesting additional support from us, if needed.
The term of these Terms and Conditions shall be for the length of The Sideline Huddle beginning on the date of your purchase. The term shall continue upon your continued use and participation in the Services.
- 4. No Guarantees/Disclaimer
We will exercise good faith and diligence in the execution of our duties to you under this Agreement. However, we have not made, and are not making, any guarantee about the future performance or results of you, your Account, or your business, including, without limitation, any guarantee of a specific level of performance, the success of any given decision or strategy that we may recommend, or the success of our overall outcome from the Services delivered. In addition, we make no guarantee or representation that your initial objectives will be achieved and you agree we are not responsible and/or liable for any failure to achieve such objectives.
The information presented by The Sideline Huddle is provided “as is” and “as available,” without representation or warranty of any kind. We do not represent or warrant that such information is or will be always current, complete, or accurate. We disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of The Sideline Huddle shall be to discontinue using The Sideline Huddle.
- 5. No Professional Financial Relationship
You understand that enrollment and participation in the Services does not amount to any sort of professional Dance relationship between you and us, our employees, or contractors. You further understand that, although Dance information may be communicated to you during the Services, such information is not professional Dance advice. Your reliance on such Dance information is at your own risk.
Any and all content available through The Sideline Huddle, including, but not limited to: text, images, audio, video, social media posts, blog posts, or any other format (hereinafter “Content”), is made available solely for educational and informational purposes only, and does not constitute or professional legal, tax, investment, financial or other advice. Always seek the advice of a qualified professional or provider with any questions you may have regarding your situation.
As an individual with access to the Content, You assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content before making any decisions based on such information or other Content. In exchange for viewing and accessing the Content, you agree not to hold The Cultivate Code liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you.
- a) Your Information: Any and all of your information and data of a confidential nature, (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent, other than to comply with the law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the your Confidential Information.
- b) Participant Information: You agreed to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in The Sideline Huddle (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in The Sideline Huddle or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. You will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
- c) Company Information: You agree to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by The Cultivate Code in The Sideline Huddle. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, within the The Sideline Huddle group or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the membership. Confidential Information shall not include information rightfully obtained from a third party. You will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
- d) Non-Disparagement: You shall, during and after the participation in The Sideline Huddle refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
- e) Violations of Confidentiality: You agree that if you violate or display any likelihood of violating this paragraph 7 the Company and/or the other The Sideline Huddle Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.3
- 7. Independent Contractors
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with you for any purpose. Company is and will remain an independent contractor in its relationship to the you. Company is or remains open to conducting similar tasks or activities for entities other than you and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company will not rely solely on the equipment or offices of you for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for you shall be considered a suggestion only, not an instruction. Company and you agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between you and Company.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. You shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against You for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
- Ownership of Intellectual Property
You agree that The Sideline Huddle contains proprietary content (“Intellectual Property”) that is owned solely by The Cultivate Code LLCand/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants you a license to use the Intellectual Property solely for your own noncommercial purposes. You agree that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, you agree not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with The Sideline Huddle is property of the Company. You may not use such trademarks or service marks for any purpose except with written permission by Company.
- Your Account
You may be required to register with The Sideline Huddle in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are solely responsible for maintaining the confidentiality of your account and account password. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to The Sideline Huddle, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel you order (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use The Sideline Huddle will immediately cease.
(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Your Warranties: You represent, warrants and covenant that You have full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of your obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
- Limitation of Liability
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 7, AND 10.
- Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- Entire Agreement; Modification; Waiver
These Terms, coupled with the terms located here, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
- Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that you may not assign any of your rights under these Terms and Conditions, except to a wholly owned subsidiary entity of you. No such assignment by you to your wholly owned subsidiary shall relieve you of any of your obligations or duties under these Terms and Conditions.
(a) All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
To the Company:
The Cultivate Code LLC
c/o Amira Mourad
7202 Pulsar Mesa Ct, Las Vegas NV 89148
Your address provided at the time of joining the Membership.
(b) Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
- Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Nevada as applied to contracts that are executed and performed entirely in Nevada. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Clark County, Nevada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
- Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- E-Sign Consent
We would like to communicate with you using electronic means. When you agree to this Agreement and click “I Agree” button (or its equivalent), this tells us:
- You agree to receive any electronic communication from us for any purpose
- You agree to receive an electronic version of any written notice or disclosures we must send you under law (“Legal Disclosures”); and
- You understand that to receive Legal Disclosures, you must meet the requirements specified.
1. Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to The Sideline Huddle Membereship, or Amira Mourad may be published and used as testimonials by The Sideline Huddle Membership. Client gives The Sideline Huddle Membership a non-exclusive license to use any such copy written by Client on The Cultivate Code’s social media profile, in email, or otherwise, and repost on The Cultivate Code’s social media channels, in advertisements for LCS, or MTS, or other similar channels for the specific purpose of promoting and showcasing LCS or MTS client results.
2. If Client chooses to write about positive experiences in LCS or MTS, Client understands the material, along with Client’s name and other identifying information, will likely be published on The Cultivate Code’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting The Cultivate Code an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.
Questions about these Terms and Conditions? Email us at [email protected]
GENERAL TERMS AND CONDITIONS OF USE
Welcome to our website. This website is owned, controlled, and operated by The Cultivate Code The terms “we”, “us”, and “our” refer to The Cultivate Code. The term “Site” refers to The Cultivate Code. The term “user,” “you” and “your” refers to any and all site visitors. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.
The user shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
All content included on this site is and shall continue to be the property of The Cultivate Code, its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
The Cultivate Code claims no intellectual property rights over any Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Site remains yours to the extent that you have any legal claims. However, you grant The Cultivate Code a worldwide, nonexclusive, irrevocable license to display any Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold The Cultivate Code harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to our office: [email protected]
USE OF THIS SITE
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service.
Materials on The Cultivate Code contain Pro Dance Training and Memberships. The Cultivate Code grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of The Cultivate Code, and they may terminate your use of this website at any time.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend and hold The Cultivate Code, and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
The information presented on com The Cultivate Code is provided “as is” and “as available,” without representation or warranty of any kind. The Cultivate Code does not represent or warrant that such information is or will be always current, complete, or accurate. The Cultivate Code disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the Site.
LIMITATION OF LIABILITY
You agree that under no circumstances shall The Cultivate Code be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, The Cultivate Code is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The Cultivate Code. has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
Materials and information provided on the website are not indicative of likely results in any particular fashion. The Cultivate Code makes no guarantees as to results; further, past results do not guarantee future results for that same client or party, or any third-party. The Cultivate Code make(s) no income/financial claims, nor guarantee of any kind regarding the potential income or results through our communications or your participation in the purchase of any of the products or services on this Site. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.
Due to the digital nature of the services provided by The Cultivate Code, we cannot offer full refunds. If your service is in person and has not taken place, refunds may be considered. If the product you have purchased is digital, refunds cannot be issued.
The Cultivate Code makes an effort to ensure that we have provided you our absolute best – professionally, and ethically speaking. However, due to the nature of the services provided, refunds will not be provided once you have purchased our digital products. If you feel that The Cultivate Code has not performed dance training to your satisfaction, please contact us by emailing [email protected]
USE OF INFORMATION
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of Nevada as applied to contracts that are executed and performed entirely in Nevada. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Clark County, Nevada.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
This Agreement constitutes the entire agreement between you and The Cultivate Code pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by The Cultivate Code shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: