Privacy

Terms & Conditions

We are a family run business with an enviable history stretching back to 1887. Below are our terms and condition which are a little less inspiring than the rest of the site.

Thank you for visiting http://www.capezio.com (the “Website”). The Website is owned and operated by Ballet Makers Inc. (“BMI,” “we,” or “us”). You are authorized to use the information and services available at this Website only if you agree to these Terms of Use, which constitute a legally binding agreement between you and BMI. Your use of the Website constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, without notice to you, and we will post the modified Terms of Use on this Website. Any modification is effective immediately upon posting. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification. If there are any portions of these Terms of Use with which you do not agree, you may not continue to visit or use the Website. You are responsible for regularly reviewing these Terms of Use.

1. PROPRIETARY WEBSITE

No Content may be modified, distributed, copied, framed, reproduced, republished, scraped, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BMI’s express prior written permission.

You may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license or in any way exploit the Content, in whole or in part, without our advance written consent.

You agree not to display this Website in frames, or any of the Content via links, without our advance written consent. You agree not to use any manual or automated device or process to gather or extract data from this Website or to monitor or fetch pages available at the Website. Direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy this Website or any products displayed on this Website are all strictly prohibited.

2. INTELLECTUAL PROPERTY

Capezio®, Harmonie®, and Bunheads® are registered trademarks of BMI. BMI’s trademarks and trade dress (including without limitation, the logo and other packaging, graphics, logos, page headers, scripts, and model names of BMI products) are the exclusive property of BMI and may not be used without the express written permission of BMI. You agree not to use any of the trademarks that appear on this Website as metatags on other websites.

3. LINKS

This Website may contain links to websites owned and operated by others. We have no control over these third party websites, are not responsible for their content, and make no representations about any information, goods, or services available at such third party websites. Our inclusion of such links is for your information only and does not constitute sponsorship, affiliation, or endorsement of the linked website. Once you link to another website, you do so at your own risk and are subject to the terms of use, privacy policies, and data gathering practices of that website.

4. PRIVACY

BMI is committed to respecting the privacy rights of all visitors to the Website. You may find BMI’s privacy policy at https://privacy.capezio.com/privacy-policy (the “Privacy Policy”).

5. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or by any law or regulation. You may not use the Website in any manner that could damage, disable, overburden, or impair any BMI server, or the network(s) connected to any BMI server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to any BMI server, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE, ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY WEBSITES LISTED ON THE WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT OR ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN THE CONTENT OR SUCH MATERIAL, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEBSITE, OR (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO, OR LOSS OF, PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO, AND/OR USE OF, THIS WEBSITE.

BMI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL BMI OR ITS SHAREHOLDERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF, OR IN CONNECTION WITH, OR INABILITY TO USE, THE WEBSITE, THE CONTENT, THE MATERIALS, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR WEBSITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. E-MAIL

Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by BMI for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products using such information. Commercial enterprises seeking to do business with BMI should not submit unsolicited confidential or proprietary information to this Website. We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not use any false or misleading information concerning your identity or otherwise when using this Website or any of the services or resources available here. You may not transmit to this Website e-mail that includes false or misleading information in the return address or in the subject line. Notwithstanding the foregoing, the use of this Website is governed by, and any information you provide or that is collected by BMI is also governed by, the Privacy Policy which may be found at https://privacy.capezio.com/privacy-policy.

By creating an account on the Website, [or by otherwise using the Website] you agree that we may send notices to you by e-mail at the e-mail address you provide when you create your account, or a different e-mail address that you update in your account settings. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You also agree that we may use such e-mail address to send you information regarding our business, promotions, contests, advertisements, etc., including blog posts and newsletters. However, you may opt out of receiving these emails by unsubscribing as provided on the Website.

8. SMS SERVICE

The Capezio mobile message service (the "Service") is operated by Ballet Makers, Inc. (“Capezio”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you opt into Marketing messages, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other account related information. Both services will be sent from Capezio via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 56879 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Capezio mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 56879 or email info@capezio.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

For all questions related to our SMS Service, please get in touch with us on: (888) 227-3946 or email us at: info@capezio.com.

If you have any questions regarding privacy, please read our privacy policy: https://privacy.capezio.com/privacy-policy

9. ELIGIBILITY TO USE

You represent that you are of legal age to form a binding contract with us and are not barred from using this Website by the laws of the United States or the country or state in which you reside. Use of this Website is void where prohibited.

Notwithstanding the foregoing, the Website is not designed to be used by anyone under the age of 18. If we learn that we have received information from an individual under the age of 18, we will use that information only to respond to that individual that he or she cannot use the Website and we will delete that information from our servers.

10. PURCHASES

This Website accepts credit cards, debit cards and other payment methods as delineated on the Website at the time of your purchase. We reserve the right to reject any purchase at any time. You agree and confirm that the credit card or debit card details provided by you shall be correct and accurate and that you shall not use credit cards or debit cards that are not lawfully owned by you. Your credit card or debit card information will be collected and stored in accordance with our Privacy Policy.

11. ADDITIONAL COSTS

It is your responsibility to report and pay any taxes, including, without limitation, use taxes, and any additional charges such as telecommunications fees or data fees that may be due or incurred in connection with your use of the Website.

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BMI and its shareholders, directors, members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to, arising out of, or associated with your use of the Website, the Content, material you access, submit, transmit, or make available through this Website, or any violation of these Terms of Use by you.

13. GENERAL

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us and govern your use of this Website, superseding any prior or contemporaneous representations or agreements. All disputes arising out of or relating to these Terms of Use or our operation of this Website shall be governed by the laws of the State of New Jersey and of the United States without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in New Jersey, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should give effect to the intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

14. LAST UPDATE

These Terms of Use were last updated on May 28, 2020.

15. CONTACT INFORMATION

Questions or comments regarding the Website should be sent by e-mail to info@capezio.com.

16. CAPEZIO LIFE FORM

By submitting content to Capezio via Capezio life you are agreeing to be added to our email and text list, be featured on our website, capezio social media outlets and email campaigns.