While we attempt to make the Site accurate, we do not guarantee or endorse the accuracy or reliability of any of the information or content contained on, distributed through, or accessed from the Site. Use of the Site, and any reliance upon any content on the Site, is at your sole risk. We may change or update the Site at any time. You agree to use the Site and related content in compliance with laws and in a manner that does not in our judgment reflect negatively on us, or in any way that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack.
User Content; Prohibited Content; Social Media and Posts
Even though portions of our Site may allow posting of content or registration as a user, you are prohibited from posting or transmitting an (a) harmful material such as viruses, worms and spy-wear; (b) unlawful, false, fraudulent, impersonating or forging, threatening, harassing, defamatory, obscene, abusive, or profane material; (c) any material that could infringe any intellectual property or privacy or other rights, or violate any law; or (d) unauthorized commercial communications, such as spam and multi-level marketing solicitations; all of which constitutes “Prohibited Content”. We may disclose the identity of anyone posting or transmitting any Prohibited Content, and we may disclose the identity of other third party posters if required by law. Any user comments, content, materials or communications related to the Site (“User Content”) may not contain Prohibited Content. You grant us a perpetual, paid-up, royalty-free license to use, copy, exploit, sublicense, adapt, perform, and modify all such User Content once posted or transmitted. We may monitor, disclose, transfer, edit or delete any User Content at any time, and may terminate your access to the Site, and you have no expectation of privacy or exclusive ownership of User Content. We may use User Content and ideas suggested by users for any purpose, including reproduction, disclosure, transmission, publication, broadcast and in developing products and services. If you want to report any violations of these Terms, please email us at firstname.lastname@example.org. We do not warrant, verify, or guarantee the quality or accuracy of information that you may access. You understand that you remain solely liable for any and all content that you post. We assume no responsibility or liability arising from the posting of User Content, including Prohibited Content on the Site. We are not responsible for any content from third parties and do not endorse it. We may not monitor third party postings, but reserve the right to do so.
No Liability for Damages
We do not warrant that the Site will be uninterrupted, safe, secure, or error-free. We will not be liable or responsible for damages or injuries of any kind, including any direct, incidental, consequential, indirect or punitive damages or injuries, and including those related to errors, omissions, infringing material, typographical errors, delays in transmission, mistakes, interruptions, deletion of files, and delays in operation; your reliance on or use of any information, service, or merchandise provided on or through the Site; or any failure of performance caused by or arising out of use of or access to (or inability to use or access) any content or information contained in the Site, the content of any website linked to the Site, or any services or items obtained through the Site or such other website; even if we are negligent or have been advised of the possibility of such damages. The above limitation of liability may not apply to you where applicable law does not allow for such limitations. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Computer Data Safety
WE DO NOT WARRANT THAT THE SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. You are solely responsibility to restrict access to your computer and to your email address, password and any other personal information you use relating to the Site. You also are solely responsibility for any activity that occurs using your personal information. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves, and other problems.
You agree to defend, indemnify, and hold us, our affiliate companies, employees, directors, officers, agents, independent franchisees, independent vendors, content and service providers, harmless from any and all losses, liabilities, claims, expenses, attorneys’ fees and damage awards, that arise from or relate to (a) your breach of these Terms; (b) your visit to or use of or communication with any of the Site, including your User Content; (c) third party user content and posting and our actions or lack of action regarding such content and posting; and (d) any use of the Site’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site; and you waive all claims and defenses related to the foregoing.
Our Ownership and Your Use of Site
The Site and its entire contents, features, and functionality, including all content, images, photos, video and audio, text, designs, data compilations, organization, selection, and arrangement, and software within or related to the Site, are our property. These Terms permit you to use the Site solely for your personal, non-commercial use.
The Site is protected by copyright and may not be distributed, modified, reproduced or used, in whole or in part, without our prior written consent. You may not copy, download, or upload any portion of the Site except for: (i) automatic page caching; and (ii) to the extent necessary to use the Site for its intended personal, non-commercial use, for example to buy products or to register for offers or classes.
The Site is intended solely for the personal information of the user. You may not re-sell our products and services. You may not use the Site or related materials for commercial use. You may not send unsolicited communications either: (a) using the Site or related content, or (b) related to the Site, except in ways designated for that purpose.
The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party website to certain content on the Site; (ii) send e-mails or other communications with certain content, or links to certain content, on the Site; or (iii) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
Subject to the foregoing paragraph, you may not utilize framing to enclose any of our trademarks or designs. You may not use any metatags or any other “hidden text” utilizing our trademarks. You may not use any deep-links, page scrape, robots, or other automated method to access, copy, or distribute any part of the Site. You may not send unsolicited email to us, our franchisees, or others identified by or through our website. You may not use information on our Site to contact or solicit us or our franchisees (except as may be permitted on the Site for non-commercial purposes), or our customers or their children.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
TUMBLES, A LEARNING PLAYGROUND, TUMBLES A LEARNING PLAYGROUND (design) other logos, page headers, icons, domain names, service names, and trade dress are common law trademarks, registered trademarks or trade dress of JW Tumbles, LLC (collectively “Marks”). Our Marks may not be used by you in connection with any product or service that is not JW Tumbles, LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages us. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us.
There are no refunds or cancellations once the session has started. We will offer makeup classes during the session only for any missed classes. If we are closed due to weather or other emergencies we will offer makeup classes.
We respect the rights of copyright holders and will delete and may terminate user privileges users who infringe those rights. If you believe that the copyright in your work has been infringed, please provide our Compliance Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right t that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notifications accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Compliance Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Shipe Dosik Law LLC
Attn: Kathryn B. Shipe
2107 N. Decatur Road,
Decatur, Georgia 30033
The Site may contain links to or information produced by third parties, including information obtained from or produced by industry or market analysts. The accuracy and completeness of the information is not guaranteed. Further, no estimates or forecasts by third parties have been independently verified by us, and we do not make any representations regarding this information.
Franchisee Site Terms
Each Tumbles gym is independently owned and operated by a franchisee. As such, each Tumbles franchise has adopted its own policies, including those related to customer refunds and privacy policies. Please contact the individual franchise owner for more information. As stated above, franchisee websites are also subject to these Terms.
Limitation of Warranties
OUR PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN US AND THE PURCHASER.
THE MATERIALS, SERVICES, AND INFORMATION IN THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
These Terms were last updated on January 12, 2017.
OUR CONTACT INFORMATION
If you have questions or comments about these Terms, please contact us at email@example.com or firstname.lastname@example.org