Zeta Tau Alpha Secret Grip, Stephen Davis Real Estate, Articles S

7. 1. EXCEPTO POR CUALQUIER DISPUTA, RECLAMACIN, DEMANDA, ACCIN, CAUSA DE ACCIN, DEMANDA O PROCEDIMIENTO (COLECTIVAMENTE, DISPUTAS) EN QUE CUALQUIERA DE LAS PARTES BUSQUE INICIAR UNA ACCIN INDIVIDUAL EN LA CORTE DE RECLAMACIONES MENORES, USTED Y DEFY ACEPTAN (A) RENUNCIAR A SUS RESPECTIVOS DERECHOS A QUE CUALQUIER DISPUTA QUE SURJA DE O EST RELACIONADA CON ESTE CONTRATO Y EL PROGRAMA, SE RESUELVA EN LA CORTE, Y (B) RENUNCIAR A LOS RESPECTIVOS DERECHOS DE USTED Y DE DEFY A UN JUICIO CON JURADO. 4. 6. GOVERNING LAW. TV remain fixed. Membership, Programs and benefits are specific to the DEFY location from which you purchased your DEFY membership. 19. Downgrades are not allowed during the initial 3-month period. By participating in the Program, you assume the inherent risks associated with the operation of all trampolines, rides and attractions and should read and obey all safety signage, instructions and rules. ROCKIN JUMP, ROCKIN JUMP PARTNERS OR ADMINISTRATORS, AND EACH OF THEIR RESPECTIVE AGENTS OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS AND/OR SERVICES PROVIDED BY OR THROUGH THE PROGRAM INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Sky Zone is saying goodbye after nearly six years of jumping. 17. You understand that, if you cancel this Agreement within the first seventy-two (72) hours of the Start Date using the online cancellation method described in below, you will receive a refund of pre-paid but unused fees. YOU AND ROCKIN JUMP AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE PROGRAM IS PERSONAL TO YOU AND ROCKIN JUMP AND THAT SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. Members are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations. You and SKY ZONE agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. PRIVACIDAD: Por favor, revise la Poltica de privacidad de SKY ZONE, que se puede encontrar aqu: https://www.skyzone.com/terms para obtener informacin sobre cmo recopilamos, usamos y divulgamos informacin sobre usted como parte del Programa. The membership includes a 12-month price guarantee. By enrolling in the Program, you acknowledge that you have read SKY ZONEs Privacy Policy as well as the Privacy Policy. 14. SKY ZONE, SKY ZONE PARTNERS OR ADMINISTRATORS, AND EACH OF THEIR RESPECTIVE AGENTS OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS AND/OR SERVICES PROVIDED BY OR THROUGH THE PROGRAM INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Memberships are nonrefundable, nontransferable and remain the property of SKY ZONE. 14. Throughout these Terms, we will refer to you as you or Member and to us as we or DEFY. These Terms are important and affect your legal rights, so please read them carefully. You and SKY ZONE agree that this Agreement affects interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. EN SU LUGAR, USTED Y SKY ZONE ACEPTAN SOMETER SUS DISPUTAS A ARBITRAJE OBLIGATORIO (QUE ES SOMETER UNA DISPUTA A UNA O MS PERSONAS ENCARGADAS DE REVISAR LA DISPUTA Y TOMAR UNA DETERMINACIN DEFINITIVA Y OBLIGATORIA PARA RESOLVERLA EN LUGAR DE QUE LA DISPUTA LA RESUELVA UN JUEZ O JURADO EN LA CORTE). NOTE: you must identify each member whose membership you want to cancel; SKY ZONE will NOT automatically cancel all listed members; Adems, usted y SKY ZONE acuerdan que una Disputa no se puede presentar como una demanda colectiva ni otro tipo de accin representativa, ya sea dentro o fuera del arbitraje, ni en nombre de ninguna otra persona o grupo de personas. b. all individuals added and paid for under your membership will be regarded as active members until you cancel each member, in accordance with the cancelation terms stated below. TERMINATION: SKY ZONE reserves the right to cancel, suspend or revoke any membership or deny Location admission to any Members at any time for any reason. Members are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations. Nuestro aviso para usted se enviar electrnicamente a la direccin de correo electrnico asociada con su membresa del Programa e incluir (x) nuestro nombre, direccin postal, nmero de telfono y una direccin de correo electrnico en la que se nos pueda contactar con respecto a la Disputa, (y) una descripcin con detalles razonables de la naturaleza o los fundamentos de la Disputa, y (z) la reparacin especfica que solicitamos. Operating Day means any day on which patrons may inspect and use the facilities and services of the Facility that issued your Program membership. SEVERABILITY. Segn lo establecido en la Seccin 5 anterior, SKY ZONE continuar facturando hasta que usted cancele su membresa de acuerdo con el procedimiento de cancelacin especificado en la Seccin 5 anterior, o a menos que SKY ZONE d por terminado este Contrato, segn su criterio exclusivo. LEGISLACIN APLICABLE. Jump times may be walk-in only if the particular Location in question allows it. (the FAA), to the maximum extent permitted by applicable law. a. you have the authority to bind all of the members added to your membership to this Agreement; UNDER NO CIRCUMSTANCES SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM OR YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, ANY PROGRAM PRIZES, MERCHANDISE, OR SERVICES MADE AVAILABLE AS PART OF THE PROGRAM. ADDRESS CHANGE: You must promptly report to ROCKIN JUMP in writing a change in your address. SKY ZONE locations are referred to in these Terms as a Location and Locations. Your membership is offered by and has been purchased from the operator of the specific SKY ZONE location from which you purchased your SKY ZONE membership (each, an Operator). Please see Location membership options and information at a Location or at www.skyzone.com for the specific Location. La membresa, los programas y los beneficios son especficos para la ubicacin de SKY ZONE en la que compr su membresa de SKY ZONE. a. usted tiene la autoridad para obligar a todos los miembros agregados a su membresa bajo este Contrato; DEFY reserves the right in its sole discretion to modify or update this Agreement and/or change, alter, or discontinue the Program, the list of participating Locations, Location services, entertainment or attractions, operating hours, and any reward or special status programs at any time and without notice to members beyond updating this Agreement. Sky Zone has several entry-level career opportunities such as cashier, party host, court monitor, and events assistant. EXCEPT FOR ANY DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, DISPUTES) IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND DEFY AGREE (A) TO WAIVE YOUR AND DEFYS RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT AND THE PROGRAM, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND DEFYS RESPECTIVE RIGHTS TO A JURY TRIAL. 8. ELIGIBILITY AND CONDITIONS: Each Member must have a photograph of him/herself associated with his/her liability waiver on file with DEFY, for identification purposes. 17. Como miembro, usted acepta los trminos de la poltica de privacidad de DEFY y el uso de su informacin personal tal como se establece en dicha poltica. 16. 14. 23. DEFY locations are referred to in these Terms as a Location and Locations. Your membership is offered by and has been purchased from the operator of the specific DEFY location from which you purchased your DEFY membership (each, an Operator). If you are planning on charging a cancellation fee, this must be outlined in your terms and conditions and . Refunds will be processed within thirty (30) Operating Days of receipt of the cancellation notice by DEFY . The arbitrator may only conduct an individual arbitration and may not consolidate more than one individuals claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 20. This Agreement is governed by the laws of the State of the SKY ZONE Location from which you purchased membership in the Program is located, without regard to the conflicts of laws rules of any jurisdiction. BINDING ARBITRATION; CLASS ACTION WAIVER. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individuals claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. By participating in the Program, you waive any and all rights to bring any claim or action related to your participation in the Program in any forum beyond one year after the first occurrence of the act, event, condition, or omission upon which the claim or action is based. Consulte las opciones de membresa de la ubicacin y la informacin en una ubicacin o en www.skyzone.com para la ubicacin especfica. 3. Cada parte ser responsable de los costos incurridos en dicho arbitraje, pero el rbitro no tendr la autoridad para reasignar esos costos en un laudo o de otra manera. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. At this time, Members must update their photos every two (2) years. In consideration of, and as an inducement and condition to, the operator of the Sky Zone park for which you have requested a membership (such operator, collectively with its affiliates and designees, being referred to herein as SKY ZONE) allowing you to become a SKY ZONE member, and participate in programs, events and activities conducted or organized by or through SKY ZONE, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Membership Standard Terms and Conditions (these Terms). In addition, you hereby release DEFY, its parents, subsidiaries, affiliates, divisions, related companies, third-party prize/reward providers and suppliers, and agents, and its and their respective officers, directors, owners, and employees, (each a Releasee) from any and all losses, harm, damages, cost, or expense, whether known or unknown, including without limitation property damages, personal injury, and/or death, arising from or connected to the Program, including, without limitation, (a) the collection, redemption, revocation, or deletion of credits, (b) the issuance of reward vouchers and use of Program, (c) the suspension, termination, or modification of your membership or account, and (d) the suspension, modification, or termination of the Program or any reward or special status programs therein. NOTE: you must identify each member whose membership you want to cancel; SKY ZONE will NOT automatically cancel all listed members; c. you will promptly notify SKY ZONE of any change in your account information; e. you understand that SKY ZONE will not charge you a fee for authorizing recurring payments, but that your financial institution may charge you a fee for accepting and processing electronic debit transactions; f. in the event the credit card provided is declined, you grant SKY ZONE the permission to re-submit the card for payment; and. Al participar en el Programa, usted asume los riesgos inherentes asociados con la operacin de todos los trampolines, juegos mecnicos y atracciones, y debe leer y obedecer todas las seales, instrucciones y reglas de seguridad. INSTEAD, YOU AND SKY ZONE AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). 19. Memberships may not be used for commercial purposes and are void if altered or misused. CHANGES. CIERTOS LMITES Y RESTRICCIONES: 120 minutos El tiempo de salto incluido en su membresa del Programa no se puede combinar con ninguna otra oferta, paquete, descuento o promocin, y cada periodo de salto de 120 minutos es para 120 minutos consecutivos de salto. Acepto que la vigencia inicial de un mes comenzar en la fecha de mi primer pago. In consideration of, and as an inducement and condition to, the operator of the Sky Zone park for which you have requested a membership (such operator, collectively with its affiliates and designees, being referred to herein as SKY ZONE), allowing you to become a SKY ZONE member, and participate in programs, events and activities conducted or organized by or through SKY ZONE, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree to these Membership Standard Terms and Conditions (these Terms). The AAA Rules and additional information about the AAA are available on the AAA website. Su contrato de membresa con SKY ZONE consta de su informacin de inscripcin de miembro (incluida su informacin de miembro, informacin de contacto, informacin de pago, el programa de membresa de SKY ZONE que usted ha seleccionado (el Programa) y los usuarios autorizados de su membresa) y estos Trminos, que colectivamente se denominan en estos Trminos como este Contrato. d. you are an authorized user of the credit card used to purchase this membership, and you will not dispute the scheduled transactions with your bank or credit card company so long as the amounts charged are in accordance with the terms and conditions of this Agreement; Memberships do not guarantee admission, especially during high attendance periods. Sky zone offers toddler time, an event dedicated to toddlers so you can enjoy sky zone's activities without the intimidation of big kids. Las membresas no se pueden utilizar con fines comerciales y son nulas si se modifican o se utilizan indebidamente. You understand that you may cancel your membership for any reason either by completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL and clicking Cancel Membership. GOVERNING LAW. The term of your DEFY membership in the Program begins on the date of the purchase of your Program membership (the Start Date) and continues for a period of thirty (30) days. Acepto que, en la fecha de cada renovacin automtica, el precio de la membresa vigente en ese momento, ms los impuestos, tarifas y cargos aplicables en ese momento, se cargarn a mi mtodo de pago registrado. 18. At this time, Members must update their photos every two (2) years. Usted debe comprar tiempo de salto adicional a precios regulares. CERTAIN MEMBERSHIP TERMS. You further understand that, if you do not cancel this Agreement within such seventy-two (72) hour period, you will be charged for the remainder of your initial three-month term. NO WAIVER. Usted debe comprar tiempo de salto adicional a precios regulares. Su contrato de membresa con DEFY consta de su informacin de inscripcin de miembro (incluida su informacin de miembro, informacin de contacto, informacin de pago, el programa de membresa de DEFY que usted ha seleccionado (el Programa) y los usuarios autorizados de su membresa) y estos Trminos, que colectivamente se denominan en estos Trminos como este Contrato. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. 15. When you agree to sign up to Sky TV, HD, Sky+, Sky Multiscreen, Sky Q Multiscreen, Broadband, Talk, and/or Line Rental, a minimum contract period applies (also known as a minimum term). 14. As provided in Section 5 above, SKY ZONE will continue to bill you, until you cancel your membership in accordance with the cancellation procedure specified in Section 5 above, or unless SKY ZONE terminates this Agreement, at its sole option. Our notice to you will be sent electronically to the email address associated with your Program membership and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. You understand that you may cancel your membership for any reason either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL and clicking Cancel Membership or (b) sending a cancellation request via mail to c/o Member Services Team, at 86 N. University Ave., # 350, Provo, Utah 84601, with your name, membership number, and a request to cancel your membership. Every customer has 5, 15 or 25% off TV available to them & for 6, 9 or 12 months. As part of the arbitration, both you and ROCKIN JUMP will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute. As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator will not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. Tenga en cuenta que la Seccin 20 a continuacin contiene una disposicin de arbitraje obligatorio que requiere el uso del arbitraje de forma individual y limita los recursos disponibles para usted en caso de ciertas disputas. 17. Expedia partners with + suppliers to get you the lowest prices & great deals on short and long term car rental. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your membership agreement with DEFY consists of your member enrollment information (including your member information, contact information, payment information, DEFY Membership Program that you have selected (the Program), and authorized users of your membership) and these Terms, which collectively are referred to in these Terms as this Agreement. This Agreement governs your membership in the Program. 2. By enrolling in the Program, you acknowledge that you have read SKY ZONEs Privacy Policy as well as the Privacy Policy. You understand that you may cancel your membership for any reason either by (a) completing the cancellation form at DEFY.COM/MEMBERSHIPCANCEL and clicking Cancel Membership or (b) sending a cancellation request via mail to c/o Member Services Team, at 86 N. University Ave., # 350, Provo, Utah 84601, with your name, membership number, and a request to cancel your membership. I have read and agree to the above Rockin Jump Membership Standard Terms and Conditions, which includes an arbitration agreement with class action waiver.Membership Standard Terms and Conditions*ROCKIN JUMP Any waiver by ROCKIN JUMP of a breach by you of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach by you of any other provision of this Agreement. INSTEAD, YOU AND DEFY AGREE TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION (WHICH IS THE REFERRAL OF A DISPUTE TO ONE OR MORE PERSONS CHARGED WITH REVIEWING THE DISPUTE AND MAKING A FINAL AND BINDING DETERMINATION TO RESOLVE IT INSTEAD OF HAVING THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT). Memberships are not valid for private or special events including birthday parties, team parties, corporate events, groups, or other special events or promotions that require a separate admission, such as Glow, Lock-ins and weekend or special toddler times unless otherwise specified. Additionally, memberships may not be used for commercial purposes. Si las partes no pueden llegar a un acuerdo dentro de los 30 das posteriores al inicio del arbitraje con la AAA, se aplicar el proceso de seleccin de rbitro que se indica en las Reglas de Arbitraje del Consumidor de la AAA. d. you are an authorized user of the credit card used to purchase this membership, and you will not dispute the scheduled transactions with your bank or credit card company so long as the amounts charged are in accordance with the terms and conditions of this Agreement; If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. LIMITACIN DE RESPONSABILIDAD. 14. 23. Membership does not guarantee admission, especially during high attendance or other closure periods. Memberships do not guarantee admission, especially during high attendance periods. This Agreement is governed by the laws of the State of the SKY ZONE Location from which you purchased membership in the Program is located, without regard to the conflicts of laws rules of any jurisdiction. Memberships may not be used for commercial purposes and are void if altered or misused. You agree that your membership will have an initial one-month term and will then automatically renew for successive one-month terms unless and until it is canceled. BINDING ARBITRATION; CLASS ACTION WAIVER. Notice to DEFY shall be sent by certified mail or courier to 86 N University Avenue Suite 350, Provo, UT 84601. INFORMACIN GENERAL. You and DEFY agree that (a) any arbitration will occur (i) in the State of Utah, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Associations (AAA) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (AAA Rules), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be Utah and that state or federal courts of the State of Utah and the United States of America, respectively, sitting in the State of Utah, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.