Terms Of Service



SUBSCRIPTION AGREEMENT

TERMS OF USE
JumpIt is a monthly membership service that gives Subscribers access to the best active child classes and facilities in their city for the benefit of their children and wards.  The JumpIt website (the “Site”) is operated by JumpIt Pass, LLC (“Jump It”).  Please read the following Terms of Use carefully.  As updated and posted by JumpIt from time to time these terms (“the Terms”) govern the responsibilities and guide them as to their rights and duties. The most current version of the Terms can be accessed at any time at www.jumpitpass.com/info/terms/ .

ACCEPTANCE OF TERMS OF USE
To the extent you access, browse, and/or use the Site, you agree to be bound to the Terms of this Subscription Agreement (“Agreement”).  You also agree to abide by any posted guidelines, FAQs, or rules applicable to particular JumpIt services, which may be modified from time to time.

MEMBERSHIP
A Subscriber is the responsible adult (typically a parent or guardian) who signs up a child as a Member.   A “Member” must be a child on whose behalf a Subscriber is legally authorized to act.  Membership cannot be shared between two children.  Each child “Member” may visit as many available spaces and facilities per membership cycle (“Eligible Classes”) as they wish, but may only visit the same venue/location listed number of times (typically, three).  Subscribers cannot transfer or gift classes to third parties, including other Members, and un-used classes cannot be carried over to another cycle.

Visits to any facility are on a space available basis and facilities will vary in the spaces made available and spaces remaining available.  While a Member may visit the same facility multiple times in a cycle, total visits per cycle to the same class must be limited.  Members may only have up to six classes booked at any given time.

JumpIt may at any time alter these Terms, including limiting the total visits allowed per Member per cycle or the maximum visits to a single facility, or availability and terms of use for specific facilities.  Further, JumpIt may offer different terms to prospective Members for promotional purposes.

MEMBERSHIP CYCLE AND BILLING
Generally.  JumpIt membership starts the day you sign the Member up and make payment via a valid Payment Method.  Membership auto-renews monthly thereafter until you cancel it.  For example, if you purchase a membership on April 26, it will automatically renew on May 26 and so on until you cancel the membership.

Payment Method.  The Site lists currently-accepted forms of payment, which may be changed from time to time.  Once you enroll, you authorize JumpIt to automatically bill the monthly membership fee to your Payment Method each month until you cancel your subscription.  You may edit your Payment Method information through the website settings section. If a payment is not successfully settled for any reason and you do not cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts.

Billing Cycle.  If your first payment is made on a day not contained in every month, JumpIt may change the renewal date to another day.  JumpIt may change your, or all, renewal dates for administrative convenience or due to changes in your subscription.

No Refunds.  Cancellations are only effective immediately upon completing the cancelation process.  You will not be refunded a partial amount for the rest of the billing cycle.  We recommend canceling billing near the end of your billing cycle.  If you have classes that you have signed up for at the time of cancellation you may still attend those classes.

How to Cancel.  You may terminate your monthly subscription for a Member at any time  through the website settings section.  You may also email us at admin@jumpitpass.com. 

ELIGIBLE CLASSES
Facilities are classified by provider, not location, so that, for example, a 3 attendance per-cycle limit means a fourth Eligible Class cannot be taken at a different location or time.  Some of our venues may also charge other amenity fees.  JumpIt only gives you access to the class for which you signed up.  

TERMINATION BY JUMPIT
You agree that JumpIt, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with JumpIt or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time.  JumpIt may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that JumpIt will not be liable to you or any third party for any such termination.  JumpIt does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringes.  Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies JumpIt may have at law or in equity.

ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
The information you provide to JumpIt on registration and at all other times will be true, accurate, current, and complete, and you agree to ensure that this information is kept 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 for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

PRIVACY
Your privacy and Member privacy are important to JumpIt.  The JumpIt Privacy Policy is hereby incorporated into these Terms by reference.  Please read the privacy policy carefully for information relating to JumpIt’s collection, use, and disclosure of your personal information.

PROHIBITED CONDUCT
By using the Site, you promise not to:

  1. Harass, threaten, or defraud Site users or JumpIt;
  2. Make unsolicited offers, advertisements, proposals, or send junk mail to users;
  3. Impersonate another person or access another user’s account without that person’s permission;
  4. Share JumpIt-issued links or passwords with any third party or encourage any other user to do so;
  5. Permit third parties to use any classes booked under your own membership, including other members;
  6. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
  7. Upload material (e.g. virus) that is damaging to computer systems or data of JumpIt or users of the Site;
  8. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
  9. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

PROHIBITED USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.  You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.  You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

The Site may contain robot exclusion headers.  You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

You must be 18 years of age or older to use this Site or to purchase a JumpIt membership for your child or ward.  JumpIt reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

USER SUBMISSIONS
General.  The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”).  User Submissions are displayed for informational purposes only and are not controlled by JumpIt.  JumpIt cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site.  You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated.  This means that you, and not JumpIt, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

Right to Remove or Edit User Submissions.  JumpIt may decline to publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, JumpIt complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).

License Grant by You to JumpIt.  You retain all your ownership rights in original aspects of your User Submissions.  When you make a User Submission to JumpIt, you are granting JumpIt and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “JumpIt Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and JumpIt’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

User Submissions Representations and Warranties.  JumpIt takes no responsibility and assumes no liability for any User Submissions.  You are solely responsible for the consequences of posting or publishing your own User Submissions.  Every User Submission is made with your guaranty that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize JumpIt to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by JumpIt and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, JumpIt’s or any JumpIt Licensee’s use of such User Submissions pursuant to these Terms, and JumpIt’s or any of JumpIt Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.  JumpIt may monitor and edit or remove any activity or content, including but not limited to content that JumpIt determines in its sole discretion to violate Site standards.

Inaccurate or Offensive User Submissions.  You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that JumpIt does not endorse any User Submissions or their content.  You further understand that JumpIt is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, and that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  By using the Site YOU ON YOUR BEHALF AND ON BEHALF OF YOUR CHILD OR WARD WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU OR THEY HAVE OR MAY HAVE AGAINST JUMPIT ARISING OUT OF OR RELATING TO USER SUBMISSIONS.

Feedback.  If you provide JumpIt with any comments, bug reports, feedback, or propose or suggest modifications to the Site (“Feedback”), JumpIt shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site.  You hereby grant JumpIt a perpetual, irrevocable, nonexclusive license granting all rights necessary to incorporate and use your Feedback for any purpose.

ADDITIONAL TERMS
When using the Site, you will be subject to additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”).  All such FAQs are hereby incorporated by reference into the Terms.

OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by JumpIt.  The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by JumpIt (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of JumpIt or its subsidiaries or affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to JumpIt or its affiliates and/or third-party licensors.  Except as expressly authorized by JumpIt, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users.  JumpIt does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites.  Furthermore, JumpIt makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites.  Access and use of linked sites, including the information, material, products and services on linked sites or available through linked sites, is solely at your own risk.  

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser.  On behalf of yourself and your child or ward you agree that JumpIt will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site. 

NOTICE
Except as explicitly stated otherwise, legal notices will be served, with respect to JumpIt, on JumpIt’s national registered agent, and, with respect to you, to the email address you provide to JumpIt during the registration process.  Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, we may give you legal notice by mail to the address provided during the registration process.  In such case, notice will be deemed given three days after the date of mailing.

DISCLAIMERS; NO WARRANTIES
JumpIt facilitates relationships with third parties that provide activities. JumpIt’s Subscribers may wish to test out for their child or ward.  Classes, activities, and any other services offered via the site are offered and provided by third parties, not JumpIt, and JumpIt is not an agent or partner of or joint venturer with such third parties.

ON BEHALF OF YOURSELF AND YOUR CHILD OR WARD YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK AND THAT JUMPIT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR BOOKING MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES.

IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE.

WITHOUT LIMITING ANYTHING HEREIN, JUMPIT DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY CLASSES, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE SITE.

UNLESS OTHERWISE EXPRESSLY STATED BY JUMPIT, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUMPIT, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNLESS OTHERWISE EXPRESSLY STATED BY JUMPIT, JUMPIT, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM.

AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION; HOLD HARMLESS
On behalf of yourself and your child or ward you agree to indemnify and hold JumpIt, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

WAIVER
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

LIMITATION OF LIABILITY AND DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JUMPIT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH JUMPIT, EVEN IF JUMPIT OR A JUMPIT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, JUMPIT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  IN NO EVENT WILL JUMPIT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).

INFRINGEMENT POLICY
Please see our Digital Millennium Copyright Act document for an explanation of our copyright and trademark policies.

DISPUTE RESOLUTION
General. Generally, if a dispute arises between JumpIt and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  You and JumpIt agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below.

Contact Us.  We can’t address what we don’t know about.  Before anything else, we strongly encourage you to first contact us directly to seek a resolution.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

ARBITRATION.  The parties agree to submit any dispute or controversy to arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect, except as otherwise stated herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of a permanent injunction and default judgment.  The arbitration shall be by a single arbitrator chosen by the parties or, if they cannot agree on an arbitrator within 5 days of exchanging the names of proposed arbitrators, before a single arbitrator appointed in accordance with rules and procedures of the American Arbitration Association.  The arbitration shall take place in Montgomery County, Maryland.  The expense of the arbitration, including the compensation of the arbitrator, shall be borne in accordance with the award of the arbitrator.  Any award rendered pursuant to this provision shall be final and binding upon the parties to such arbitration, and may be confirmed and entered in any court of proper jurisdiction. The decision of the arbitrator shall be in writing setting forth the findings of facts and law, and reasons supporting the decision.  Any decision must be supported by the laws of the State of Maryland, without regard to conflict of law provisions.

Limitations. You and JumpIt agree that any cause of action arising out of or related to these terms or the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

MISCELLANEOUS
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and JumpIt relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by JumpIt as set forth in the Preamble to these Terms.

Disclosures. The services hereunder are offered by JumpIt Inc.