NORMAL FUTURE LLC / GROUND GROOVES™ TERMS OF SERVICE
Last Updated: January 27, 2022
NORMAL FUTURE LLC / GROUND GROOVES™ (“Normal Future LLC, “Ground Grooves™ ,” or “we”) works to provide resources for people who want to experience contemporary floorwork. These Terms of Service (“Terms”) apply to your access to and use of our websites, including live and on-demand classes made available through those sites, and any other online products and services we provide that link to these Terms (collectively, the “Services”). By accessing and using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Services.
If you have any questions about these Terms or our Services, please contact us at: groundgrooves@normal-future.com
1 Eligibility
You must be at least 15 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Medical Disclaimer. In attending class, downloading and using the Ground Grooves™ On Demand videos, or otherwise using the services, you affirm that either your physician has approved your use of the services or that all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure; and (viii) you do not know of any other reason you should not exercise and/or dance, including current injury.
Safe Environment Disclaimer. ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE. IN USING THE Ground Grooves™ ON DEMAND SERVICES ON THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING THE SERVICES. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, THE SERVICES, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR DANCE SPACE. BY USING OUR WEBSITE ON DEMAND SERVICES, YOU AFFIRM ANY DAMAGE DONE TO YOUR SURROUNDINGS.
2 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your password or other log-in credentials with anyone else, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.
3 Prohibited Conduct
While using the Services, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code;
Bypass, circumvent, remove, alter, deactivate, degrade or thwart any measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 3 is solely at Ground Grooves™’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4 Ownership; Limited License
The Services, including the text, graphics, images, music, software, audio, photographs, videos, works of authorship of any kind, and other materials and content contained therein, are owned by Ground Grooves™ or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use.
You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights to any part of the Services, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition of works made available through the Services. Additionally, you are not permitted to modify, edit or repurpose any part of the Services, including but not limited to, by repurposing sound recordings for use as ringtones.
You are not permitted to share with or transfer to others any part of the Services you are granted access to, including, but not limited to, by sharing your account log-in details. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and may violate our intellectual property rights and applicable law.
5 Trademarks
Ground Grooves™ and our logos, our product or service names, our slogans and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
6 Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Ground Grooves™ or our Services (collectively, “Feedback”). You understand that we may use such Feedback and any ideas it contains for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Services in Ground Grooves™’s sole discretion. You understand that Ground Grooves™ may treat Feedback as non-confidential.
7 Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Ground Grooves™ does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
8 Payment Terms
Ground Grooves™ offers for sale apparel and other goods (“Products”) and access to video on demand content (“Content”). Additionally, Ground Grooves™ accepts donations.
(a) Ordering. When placing an order through the Services, you will provide accurate and up-to-date payment information and have sufficient funds or credit available on your payment method to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). During periods of high demand, it may take up to 24 hours for you to receive an Order Confirmation. If you have not received your Order Confirmation email after 24 hours, please contact us at groundgrooves@normal-future.com.
(b) Payment Processing. We have contracted with a third-party payment processor to facilitate purchases and donations made through the Services. When you make a purchase or donation through the Services, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions may be subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor may use fraud prevention protocols and verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such fees. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection agreements for the purposes of payment processing services.
(c) Shipping and Taxes. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage of Products to the agreed place of delivery; and (b) sales tax, value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for any taxes, shipping or carriage that are specified by us when you submit your order.
(d) Personal Use Only. All orders must be for your personal use only. All orders are subject to our acceptance or rejection based on availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
(e) Returns. All sales are final, unless prohibited by law.
9 Technical Requirements
To access Ground Grooves™ Content, you must have Internet access and we recommend a faster connection for improved video quality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Ground Grooves™ makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your device.
10 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Ground Grooves™ and our officers, directors, agents, partners and employees (individually and collectively, the “Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Parties of any third-party Claims, cooperate with Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Parties will have control of the defense or settlement, at Ground Grooves™’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Ground Grooves™ or the other Parties.
11 Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Ground Grooves™ does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While we attempt to make your use of our Services and any content therein safe for you to access, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
The Services do not determine whether you are physically or medically able to safely use the Ground Grooves™ Content. Consult your doctor to assess your health before engaging in strenuous physical activity. This is particularly important if you are overweight, pregnant, nursing, taking regular medications or have any existing medical or health conditions. If you experience a medical emergency while using the Content, immediately stop using the Content and consult with a medical professional.
12 Limitation of Liability
(a) To the fullest extent permitted by applicable law, Ground Grooves™ and the other Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Ground Grooves™ or the other Parties have been advised of the possibility of such damages.
(b) The total liability of Ground Grooves™ and the other Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services in the 12 months preceding the event that gave rise to the claim.
(c) The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Ground Grooves™ or the other Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13 Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
14 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ground Grooves™ and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Ground Grooves™ agree that any dispute arising out of or related to these Terms or our Services is personal to you and Ground Grooves™ and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Ground Grooves™ seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Ground Grooves™ seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Ground Grooves™ waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Ground Grooves™ you agree to first contact NORMAL FUTURE LLC / Ground Grooves™ and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to NORMAL FUTURE LLC / Ground Grooves™ by email at groundgrooves@normal-future.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and NORMAL FUTURE LLC / Ground Grooves™ cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Los Angeles County, California. You and NORMAL FUTURE LLC / Ground Grooves™ agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and NORMAL FUTURE LLC / Ground Grooves™ agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, NORMAL FUTURE LLC / Ground Grooves™, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and NORMAL FUTURE LLC / Ground Grooves™ agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and NORMAL FUTURE LLC / Ground Grooves™ will pay the remaining JAMS fees and costs. For any arbitration initiated by NORMAL FUTURE LLC / Ground Grooves™, NORMAL FUTURE LLC / Ground Grooves™ will pay all JAMS fees and costs. You and NORMAL FUTURE LLC / Ground Grooves™ agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and NORMAL FUTURE LLC / Ground Grooves™ will not have the right to assert the claim.
(g) If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
15 Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California.
16 Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
17 Amendments
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
18 Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
19 Miscellaneous
(a) The failure of NORMAL FUTURE LLC / Ground Grooves™ to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” 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. You agree that communications and transactions between us may be conducted electronically.
(b) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.