We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.
Any member who has the ability to moderate or manage that portion of our Platform may set eligibility requirements for a particular portion of our Platform. For example, the host of an event may set the eligibility requirements for a specific JumpIn event.
We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the JumpIn, or to protect our brand or Platform. We also may remove accounts of users who are inactive for an extended period of time.
A user who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.
Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. Subscriptions are non-transferable.
3.2 Fees Charged by Hosts
Hosts may impose fees related to particular portions of the Platform, such as attendance fee an event fee for a JumpIn event. The decision to charge fees and the amount of those fees is at the discretion of those hosts. We reserve the right to initiate refunds of fees paid to hosts, when appropriate, even in cases of fees paid through a third-party payment service. Our Payment Policies will govern refunds that we initiate, if any. Organizers may also have their own refund policies, so long as they are consistent with and do not limit users’ ability to receive refunds under our Payment Policies. Payments made to hosts via the Platform are made through a third-party payment service provider. If a user pays a fee to an host via the Platform, the user authorizes the host (and the host’s applicable payment service provider) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges. Certain types of fees charged by hosts may be billed on a recurring basis. If billed on a recurring basis, you authorize the organizer to charge the applicable fee to the designated payment method. You may cancel auto-renewal at any time.
Subscribers are responsible for paying subscription and any other applicable fees on time and through our approved payment methods. Subscribers who allow their subscription to lapse are subject to removal as subscribers of JumpIn. Events associated with their account may be terminated or transferred to another member. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any subscription fees paid to JumpIn. You may only pay subscription fees to JumpIn using a valid payment method acceptable to us, as specified via the Platform. You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to JumpIn, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received. We also may issue refunds, or instruct our payment processors to issue refunds, in accordance with our Payment Policy.
Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. While you may cancel auto-renewal or cancel your subscription at any time, you won’t be issued a refund except in our sole discretion.
We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above.
A host that uses the Platform to accept payments from other users, must comply with the terms and conditions of the third party provider of the applicable payment service used to receive the payment. JumpIn does not provide those payment services, is not a party to your agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.
Your events or its attendees may receive offers from third parties, such as discounts, sponsorships, or other benefits. JumpIn is not involved in any dealings or payments between you and third parties, and these Terms of Service do not govern such transactions.
We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect JumpIn and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant JumpIn a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
JumpIn does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
JumpIn is not a party to any offline arrangements made through our Platform. JumpIn does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. JumpIn makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others. If you are a developer working with our API, you should review our API license in Section 5.8 for more information on how this impacts you.
You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.
JumpIn offers an application programing interface, also known as an “API”. Subject to your compliance with this Agreement and the policies and guidelines that are part of this Agreement. JumpIn grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the JumpIn application programming interface, including data or other Content made available via the JumpIn API, (“JumpIn API”) solely to facilitate the development of event and group related applications using Platform data and developer tools. We refer to this license in this Agreement as the “API License”. For any application you develop with the JumpIn API, you agree to do the following:
JumpIn reserves all rights not expressly granted under this Agreement. You authorize us to monitor your use of the JumpIn API in order to verify your compliance with the terms of this Agreement, and to operate, improve and protect the Platform.
You may terminate this API License by discontinuing use of JumpIn’s API. We may terminate the JumpIn API at any time for any reason. This API License terminates automatically if:
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “JumpIn Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with a JumpIn event. You also agree to release hosts from Claims based on a host’s negligence arising out of or in any way connected with their Content or a JumpIn event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to indemnify, defend and hold all JumpIn Parties harmless from any Claims, made by any third party due to or arising out of your:
Our platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding:
You agree that in no event shall any Jump IN parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Jump In parties have been advised of the possibility of such damages) arising out of or in connection with:
Before making any claim, you and Jump In agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our platform or this agreement, including your participation in Jump In events. You or Jump In may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. IN the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Jump In may bring a claim in accordance with Section 9.2.
Except as set forth in Section 9.5, you agree to submit any claim to an arbitration firm located in Travis county, Texas for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Jump In are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this agreement or your relationship with Jump In.
Any claim subject to arbitration must be filled within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
Either party may commence arbitration by filing a written demand for arbitration, with a copy to the other party according to the notice procedures in Section 11.2. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Travis County, Texas. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the rules of the arbitrator. The arbitrator shall follow this agreement and can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You or Jump In may assert claims, if they qualify, in small claims court of Travis County, Texas or any U.S. county where you live or work. You or Jump In may seek injunctive relief from a court of competent jurisdiction in Travis County, Texas as necessary to protect the intellectual property right s of you or jump In pending the completion of arbitration. Jump In may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, platform operations, or unauthorized use of our platform or intellectual property. Nothing in this Section 9 shall diminish Jump In’s right to modify, suspend or terminate your account or access to our platform under Section 2.2.
You may decline to resolve disputes through arbitration by emailing us at Jumpin.firstname.lastname@example.org 30 days of the date you first agree to this agreement. Your email must include your full name, residential address, the email address registered to your Jump In account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this agreement do not apply to you. This op-out does not affect any other sections of this agreement, such as Sections 9.5 (Exceptions), 9.7 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).
You agree to resolve disputes with Jump In on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, and private attorney generally actions and consolidation with other arbitrations.
By law, you agree not to use our intellectual property without our prior written consent.
Jump In respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. WE may also restrict or terminate access to our platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact JumpIn at email@example.com.
This agreement was written in English. When translated into other languages and inconsistency exists, the English language version controls.
Except as otherwise stated in this agreement or as expressly required by law, any notice to us shall be given by email to firstname.lastname@example.org. Any notice you shall be given to the most current email address in your account.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Jump In is intended or created by this agreement. A user of the Jump In platform is not Jump In’s representative or agent, and may not enter into an agreement on Jump In’s behalf.
This agreement and the relationship between you and Jump IN shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions, except as set fort in Section 9.
If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section9.6, you and Jump In agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Travis County, Texas, and you and Jump In agree to venue and personal jurisdiction in those courts.
Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
This agreement is not assignable, transferable or sub licensable by you except with Jump In’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Jump In’s assets, or similar transaction.
A party’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
If any provision of the agreement is found to be invalid by a court of competent jurisdiction, you and Jump In nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the agreement will remain in full force and effect.
We thank you wholehearted for reading our Terms of Service.
If we terminate your account or access to our platform, this agreement terminates with respect to the member account that has been terminated. However, certain provisions of this agreement that by their nature survive termination shall survive termination, including those terms listed below in Section 11.13 (Survival).
Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), 11.12 (Termination), 11 (Other Stuff) of this agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this agreement.
The section titles in this agreement are for convenience only and have no legal or contractual effect. The information in the “Welcome” section and “Terms of Service Overview” section is also for convenience only and has no legal or contractual effect.
Please report any violations of this agreement by a user or third party by sending an email to email@example.com.