Jumping-fitness.com User Agreement
Welcome to the JSTB International, s.r.o.’s website. The JSTB International provides website features and products and services to You when You visit or shop at Jumping-fitness.com (the “Website”) and use JUMPING fitness products or services, including software and features provided by the JSTB or JUMPING WORLD TEAM s.r.o. in connection with the Website (collectively, “JUMPING Services”). JUMPING fitness provides the JUMPING Services subject to this Agreement between You and JSTB International, s.r.o. (“JUMPING” or “We”, “Us”, or “Our”). By viewing, accessing or using Our website, You agree to the terms of this Agreement. THIS IS A BINDING CONTRACT that We first posted on February 1, 2015.
This Agreement contains the complete and entire understanding and agreement and supersedes any previous communications, representations, or verbal or oral agreements related to Your use of JUMPING Services. Sometimes additional terms apply to certain JUMPING Services, in which case You also will be subject to the guidelines, terms and agreements applicable to that JUMPING Service. If this Agreement is inconsistent with the terms for a particular JUMPING Service, the terms for that JUMPING Service will control. JUMPING may modify this Agreement or additional terms any time in its discretion by posting changes on the Internet. These modifications are effective when We post them. You agree no other notice is required. You agree to regularly check the Website for updates to this Agreement. Your continued use of the JUMPING Services following any changes to this Agreement constitutes Your acceptance of the changes. IF AT ANY TIME YOU DO NOT AGREE TO OUR JUMPING FITNESS USER AGREEMENT OR INCORPORATED POLICIES OR TO OTHER TERMS OF SERVICE ON OUR WEBSITE, YOU MUST IMMEDIATELY CEASE USING OUR WEBSITE.
In order for You to “use” Our Website, We give You certain limited rights. The content of Our Website is protected by Czech Law and international laws, including intellectual property laws like copyright and trademark laws. Since We own or license the rights conveyed by these laws, which are reflected in the content on the Website, WE GRANT YOU A LIMITED, REVOCABLE, NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS THE JUMPING SERVICES TO MAKE PERSONAL AND NON-COMMERCIAL USE OF THEIR CONTENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE JUMPING SERVICES OR CONTENT OF THE WEBSITE.
Except as authorized in this Agreement, no copies of the Website or any part of it may be made by or for You. You agree that You will not alter, publish, copy, cut, modify or transform the content, or any component of the content of this website, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You agree not to make any commercial use of any JUMPING Service or content without express written consent from JUMPING, including collection and use of product or service information, descriptions, or prices, not to create any derivative use of any JUMPING Service or its content, not to download or copy of instructor or customer information for the benefit of another merchant, and not to use robots, data mining, or similar data extraction or gathering tools. You agree not use any meta tags or any other “hidden text” including JUMPING’s, copyrights, names or trademarks without the express written consent of JUMPING. You agree not misuse the JUMPING Services and only to use those Services as permitted by law. All rights not expressly granted to You are reserved and retained by JUMPING or its licensors or other content providers.
The license granted in this Agreement terminates automatically if You fail to comply with any term of this Agreement or the additional terms of any Service. JUMPING may deny You access or terminate this license if We reasonably believe that You are not abiding by the terms of this Agreement, or for any other reason in Our sole discretion. You may be legally responsible for trademark or copyright infringement if You fail to abide by the terms of this license.
JUMPING 's Rights
You acknowledge and agree that the content is Our property, protected under copyright and trademark laws. You agree that all right, title, and interest in and to the JUMPING Services and content, including associated intellectual property rights, are and shall remain with JUMPING and its licensors. You agree not to take any action inconsistent with Our rights and not to challenge them.
Communication from You
You may submit suggestions, ideas, comments, questions, information, reviews, photos and other content or communications to Us in connection with or separate from Your access to Our Website. In some cases, You may also add or provide content. In all cases, You agree not to provide or submit anything or use Our website for any action, that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone in Your use of Our Website. You agree that We alone have discretion to determine what is objectionable.
If You do submit anything to Us or post any content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display whatever You sent Us throughout the universe, perpetually, in any media, and without any obligation to compensate you in any form. You also grant Us and Our sublicensees or assigns the right to use Your name in connection with the content, at Our (or their) option. You represent and warrant that You own or otherwise control all of the rights to what You submit or post, that it is accurate, that it and its use does not violate this Agreement and will not cause injury to any other person or entity, and that You will indemnify Us for all claims resulting from Your supplying us that material. JUMPING takes no responsibility and assumes no liability for any content resulting from Your submission or posts or those of any third party.
No Warranty – Limitation of Liability
The content of Our Website is provided on an “as is” and “as available” basis without any warranties, express or implied. By accessing the content of Our Website, You agree to release JUMPING and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from all claims, damages, costs and expenses of every kind (including reasonable attorneys’ fees) (“Claims”) that directly or indirectly result from Your use of the JUMPING Services or the content of Our Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE JUMPING SERVICES AND OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE TO RELEASE AND WAIVE ANY CLAIMS AGAINST JUMPING AND THAT JUMPING WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING FROM YOUR USE OF ANY JUMPING SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY JUMPING SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You release and hold harmless JUMPING and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any liability concerning any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by You arising or resulting directly or indirectly from Your use of the JUMPING Services, Your purchase and use of JUMPING products, Your participation in instructor trainings or classes, and Your use of the License under this Agreement. You acknowledge and agree that JUMPING classes are physically demanding and may not be appropriate for everyone. You acknowledge and agree that the JUMPING Services simply include general educational information and are not a substitute for medical or healthcare advice. You should seek the advice of a physician or other qualified healthcare professional if You or anyone in Your classes experiences any condition (medical or otherwise) in connection with the JUMPING Services, products or classes or that may cause injury or health issues, and generally before beginning this or any other exercise regimen. We assume no responsibility for any consequence relating directly or indirectly to any act or omission an Instructor or other third party may take based on the JUMPING Services, products, or classes, or the information, services, or other content provided on Our Website or elsewhere.
No Guarantee of Correctness – No Professional Advice
The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that JUMPING and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives do not promise or guarantee that the content is correct, complete, or up-to-date.
Third Party Links/Intellectual Property
The content or Our Website may link to other locations through the Internet. There may also be third party intellectual property on Our Website. We do not endorse, guarantee or warranty, express or implied, the content and information available at another site or as a result of Our permitted use of third party rights. Nor do We monitor any linked websites or evaluate the propriety or correctness of any information available at a linked site. You agree that We does not have any liability for anything on someone else’s website or through Our permitted use of third-party intellectual property rights.
You warrant and represent that Your performance under this Agreement and use of the JUMPING Services and products will comply with all applicable laws, rules, regulations, including teaching, training, advertising, marketing, electronic communication, solicitation, mobile device communication, telephone, fax, privacy, collection, and intellectual property laws, and that Your use does not and will not conflict with any other obligations to third parties that You have or undertake. If You violate this promise to Us, You agree indemnify and hold harmless JUMPING and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives from any claims, damages, or expenses (including reasonable attorneys’ fees) that result from the conflict.
You agree to hold harmless, indemnify, and defend JUMPING and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement, (b) Your activities related to Our Website or Your related activities, and (c) anything You submit to us or post on Our Website. You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party service providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release JUMPING or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.
Disputes; Applicable Law; Notices
Any dispute or claim relating in any way to Your use of any JUMPING Service, access to the content on Our Website, or concerning any products or services sold or distributed by JUMPING or through Jumping-fitness.com will be resolved by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic in Prague according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court. The place of arbitration shall be in Prague. The arbitration will be conducted in the Czech language.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM, TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.
Whenever you give us any notice, it must be in writing to the attention of General Counsel at Our address in this Agreement, with an electronic copy to Our “email for Notice copies.” We must actually receive Your notice and You must have tracking information to prove We did. Whenever we give you any notice, we may email you or send you notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), three (3) days after mailing in the same country, and seven (7) days after mailing internationally.
JSTB International, s.r.o.
Petrská 1168/29, Nové Město, 110 00 Praha 1.
The Czech Republic
Phone: +00420 387 201 274
We respect the intellectual property of others. If You believe We may have content that infringes Your copyright, please follow these procedures. Please submit Your complaint by emailing Us at Our “email for Notice copies” or writing Us at the address contained in this Agreement, attention “General Counsel”. Please include the following information:
- A signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You believe has been infringed upon;
- A description of where the material that You believe is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
If You use any JUMPING Service, You are responsible for maintaining the confidentiality of Your account and password. You also are responsible for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password or on Your computer. JUMPING reserves the right to terminate accounts, remove or edit content, cancel orders, or refuse service in its sole discretion.
If You are under 18, You must use the JUMPING Services only with involvement of a parent or guardian.
Shipping Returns & Policy
Pricing - Use of Distribution
We appreciate Your orders. Orders from JUMPING must comply with all requirements and be accepted by JUMPING to constitute a sale. We reserve the right not to complete a sale in Our discretion.
If your order includes an Instructor Training Workshop, You acknowledge reading and understanding, and agreeing to the Workshop Terms of Service.
We accept payment as check or money order or cash on delivery, but we are not required to do so and only do so where availability is specifically provided for elsewhere on Our Website.
You may only cancel an order before the handling and shipping process has started. If you timely cancel an order, Your purchase price and shipping will be refunded. If You cancel after handling or shipping has started, You must wait to receive the product and go through the Returns process.
Orders usually ship within five (5) to seven (7) business days. Saturday delivery and express shipping may not be available; We reserve the right to offer these options in our discretion. Shipping dates are subject to change without notice and We do not guarantee delivery by a particular date or holiday. Shipping may take as long as ten (10) days inside the Czech Republic, and longer for international shipments. Additional costs and fees apply to international shipments. You are responsible for customs, duties and taxes on your purchases. Order tracking may be available in our discretion.
You must provide Your physical street address, since We may not be able to deliver to a post office box. We do not require proof of signature for delivery; You are responsible to be available for receipt of Your package and agree that the package may be left at Your stated destination address in Our or the carrier’s discretion. We ship with a variety of carriers and have discretion to choose which carrier is appropriate for the circumstances of Your order. We may, for example, use the following carriers: FedEx, and DHL. If the carrier provides a tracking number, We will update Your order or inform You about this information, if appropriate and possible.
Shipping rates vary depending on the products or services You purchase and Your location. Shipping rates are subject to change without notice. Additional shipping charges may apply for international orders or heavy items, such as trampolines.
Sometimes unforeseen events may delay your shipment, like extreme weather, internal or vendor-related delays, acts of god, government regulations or actions and so forth, shipments may be delayed. You agree that We are not liable for anything that results from these things that are outside our control or not a result of Our gross negligence or willful misconduct.
Risk of Loss on Orders
All items purchased from JUMPING are made according to a shipment contract. Risk of loss and title for Your purchases passes to You when We deliver Your purchase to the carrier.
You may return an unused item within 7 days of purchase. If a product We ship is refused or returned to Us for any reason (except where We determine the product was defective when Risk of Loss passed), You are responsible for the original shipping and handling costs and fees – these are not refunded. We only refund You the purchase price. All returned items may be subject to a ten percent (10%) restocking fee in Our discretion.
DVDs are not refundable if opened.
Classes, workshops, and gift certificates are not returnable or refundable.
If you purchased clothing that does not fit and it is new condition, then you may exchange it. We will determine if it is in new condition on return and, if it is, you may exchange it for a different size. Restocking fees may apply to this exchange and You will have to pay return shipping.
Risk of Loss on Returns
We do not take title to returned items until we receive the item. At Our discretion, a refund may be issued without requiring a return, but we do not take title to the refunded item at all.
We try to be as accurate as possible in our product descriptions, but we do not warrant that product descriptions or other content of any JUMPING Service is accurate, complete, reliable, current, or error-free. If a product offered by Us itself is not as described, Your sole remedy is to return it in unused condition.
This Shipping and Returns Policy is incorporated into our Website User Agreement.
Workshops Terms of Service
Limited License Information
Participants who attend and complete the Instructor Training Workshop will receive JUMPING Certificate of Completion. The certificate grants you the non transferable right to teach JUMPING classes for a lifetime and use the word JUMPING ® on your individual class schedules. You are not permitted to represent JUMPING in the press without prior written approval by the JSTB Interntional and may not teach or present JUMPING at a conference or convention where continuing education credits are offered.
Upon completion of the workshop you will be eligible to join the JUMPING WORLD TEAM (JWT). JWT membership benefits include new JUMPING® music CDs, further trainings on DVDs, a unique profile on the original Jumping-Fitness website usable for your own presentation and much more.
Location and Date Transfers
If you are unable to attend the Instructor Training Workshop that you registered for, you have one year (12 months) from the date you submitted your registration form (for the original instructor training) to transfer your fees to another instructor training (if space is available) by contacting us at firstname.lastname@example.org. Please note that you cannot transfer your fees to another person. A $20 EUR (subject to change) processing fee will be charged at the time of the transfer and you will incur any applicable increases in price. No credits or refunds will be issued if more than 12 months have passed since your original registration.
If you cancel your registration within 30 days of the Instructor Training Workshop date, you may receive a refund upon written request. Please submit refund requests to email@example.com. A 50 EUR processing fee will apply. JSTB International, s.r.o. may cancel due to circumstances beyond its control such as illness or accident of the JUMPING Master Trainer, travel cancellations beyond our control or low enrollment. In that event, you will not be charged a processing fee for a date or location transfer or you may opt to receive a full refund of the cost of the workshop that was canceled. However, in no event will JSTB International, s.r.o. be responsible for travel expenses or losses resulted from the cancellation of the workshop.
Severe Weather Policy
JSTB International, s.r.o. and the workshop host facility may, in their sole discretion, decide to cancel a workshop due to severe weather conditions. If a workshop is canceled, the participants will be notified at the earliest possible time prior to the workshop and informed about their options relating to transfers and refunds. Participants should not take any risks to their safety to attend the workshop. In no event will JSTB International, s.r.o. be held responsible for travel expenses incurred or lost due to severe weather conditions.
Minimum age requirement is 15 years old. Participants younger than 18 years are obliged to send to firstname.lastname@example.org prior approval of a parent or legal guardian with participation on Instructor Training Workshop.