TERMS & CONDITIONS

Effective as of August 10, 2020

These Terms and Conditions govern your use of the JABS by Gina LLC (“JABS by Gina”) website and software application (the "Website” and the “App”, respectively) as well as all classes, events, activities, and other programs of JABS by Gina, its affiliates and its subsidiaries (each, a “Class” and, collectively the “Classes”).

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Website or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.

When you visit the Website or App, or communicate with JABS by Gina via email, you are communicating electronically. You consent to receive communications from JABS by Gina electronically. JABS by Gina will communicate with you by email or by posting notifications on the Website and App. You understand and agree that all agreements, notices, disclosures, and other communications that JABS by Gina provides electronically satisfy any legal requirement that such communications be in writing.

USER PROVIDED INFORMATION

JABS by Gina only collects personal identifying information about individuals -- such as names and postal codes, home addresses, and email addresses -- when such information is knowingly provided to JABS by Gina, including through  online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website and App. Any personal identification information retrieved by JABS by Gina has been voluntarily submitted by the user.

JABS by Gina may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Website and App may collect certain anonymous information about users automatically when individuals request pages through a browser.

SECURITY STATEMENT

All credit card numbers and transactions that occur on the Website and App are encrypted. The Website and App provide physical, electronic, and procedural safeguards to protect information processed and maintained thereon..  ,No security system can prevent all potential security breaches.

COOKIES

Like many other websites and applications, the Website and App uses cookies to obtain certain types of information. For example, JABS by Gina might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behavior.  JABS by Gina reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser's options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features on the Website and/or the App.

RESERVATIONS/CHARGES/CLASSES

In order to make a reservation, you must first buy a Class or a series of Classes. To buy an individual class or series of classes online, you can either sign up on the Website or App by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.

You should be aware that Classes and series of Classes expire, and future prices are subject to change. Series of 10 Classes expire 45 days from the purchase date and series of 20 Classes or 30 Classes expire 90 days from the purchase date. All 20 and 30 packs purchased 3/19 onward will have an expiration date of 45 days. Expiration dates will not be extended for any reason, including in the event of sickness or injury.

Purchases through the Website and the App (including all Classes and series of Classes) are non-refundable. You may cancel any Class up to 12 hours in advance of the Class start time and your credit will be returned promptly to your account. Any Classes cancelled within 12 hours of the Class start time will result in a forfeiture of Class credit.

JABS by Gina accepts MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. JABS by Gina will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You are responsible and liable for any fees, including attorneys' fees and collection costs, that JABS by Gina may incur in its efforts to collect any unpaid balances from you.

All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. JABS by Gina reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series. Should JABS by Gina charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. JABS by Gina also reserves the right in its sole discretion to immediately cancel all accounts linked to you in such circumstances.

You must agree to these Terms and Conditions prior to purchasing and/or attending any Classes.

WAIVER AND RELEASE

By signing up for and/or attending Classes, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in association with the Classes and that you are knowingly and voluntarily assuming the risk that participation in the Classes may create or otherwise enhance. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but may include, without limitation, (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, rules, and verbal instructions given to you by staff. If in the sole discretion opinion of the JABS by Gina staff, you would be at physical risk participating in the Classes, you understand and agree that you may be denied access to the Classes until you furnish JABS by Gina with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing JABS by Gina’s concerns, such letter to be acceptable to JABS by Gina in its sole discretion. In consideration of being allowed to participate in and access the Classes, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes (2) release, indemnify, and hold harmless JABS by Gina, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others (the “Releasees”), from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly engaging in any of JABS by Gina’s Classes (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Classes, and should not be participating in any Classes. You further acknowledge and represent that you know of no medical reason why you should not participate in the Classes.  You understand and expressly acknowledge that your participation in the Classes is strictly voluntary.  You assume full responsibility for any risks of loss, property damage, or personal injury, including death, that you or your property may sustain as a result of being engaged in the Classes, whether caused by the negligence of the Releasees or otherwise, including as a result of negligent rescue operations.  

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

You hereby release, waive, discharge and covenant not to sue JABS by Gina, its officers, agents, members, managers and employees (collectively, the “Releasees”) from all from and for all liability, claims, demands, actions, and causes of action of any kind or nature arising out of or related to any loss, damage or injury, including death, that you or any of your property may sustain resulting from my participation in or in any way connected with your use of the Website and/or App (including of any security breaches of the Website and/or the App), regardless of whether such loss is caused by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, strict liability, or otherwise .In no event will JABS by Gina be liable for any direct, indirect, special, consequential, exemplary, punitive, speculative or similar images resulting from your use of the Website or App, or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if JABS by Gina expressly advised of the possibility of such damage. 

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of JABS by Gina are proprietary to JABS by Gina and may not be used by you for any reasons other than as expressly permitted by these Terms and Conditions. All Website and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, JABS by GIna. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use.

Any other use of materials on the Website or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of JABS by Gina, is strictly prohibited.

You acknowledge that JABS by Gina and/or third-party content providers remain the owners of all Website and App materials, and that you do not acquire any of right of ownership to any of the Website and / or App materials by downloading, copying, or using any such material in accordance with these Terms and Conditions. JABS by Gina may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.

You grant JABS by Gina and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of JABS by Gina’s services permission to view your content for their personal, non-commercial purposes.

In participating in Classes, you may be photographed, videoed or otherwise recorded by JABS by Gina or third parties authorized by JABS by Gina in its or such third parties producing of content which among other things JABS by Gina or such third parties may use to advertise, report upon, market and/or promote JABS by Gina and its services. You hereby consent to such usage of your imagery for all and any such purpose by JABS by Gina and such third parties and hereby agree that JABS by Gina and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized  to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or App or accessed through this Website or App. You also may not engage in the mass downloading of files from this Website and App; use the computer processing power of this Website and App for purposes other than those permitted by these Terms and Conditions; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Website and App.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

You are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of JABS by Gina’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website or App in connection with the sale or resale of any JABS by Gina products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website or App. Furthermore, JABS by Gina material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms and Conditions, your permission to use JABS by Gina’s material will automatically terminate and any copies made of JABS by Gina material must be immediately destroyed.

You are hereby notified that any unauthorized use of JABS by Gina’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

CHOICE OF LAW

The Website and App, and your use hereof, is governed by the laws of the State of New York, without regard to New York's choice of law provisions. Any claim arising out of your use of this Website and App must be brought in New York, New York.  If any portion of these Terms and Conditions are determined to be unenforceable, the remainder of these Terms and Conditions will be given full force and effect. 

POLICY CHANGES

Occasional changes may be made to these Terms and Conditions as new services and content are added to the Website and App to reflect changes in JABS by Gina’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website or App, you agree to be bound by any such revisions. Users of the Website and App are encouraged to check this document periodically.  JABS by Gina reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

ACCEPTANCE OF TERMS

By using the Website or App, or attending any Classes, you signify your acceptance of the Terms and Conditions and the Frequently Asked Questions on the Website. If you do not agree to the Terms and Conditions or the Frequently Asked Questions, please refrain from using the Website and App or taking any Classes. Your continued use of the Website and App or taking any Classes following the posting of changes to these Terms and Conditions or Frequently Asked Questions will indicate your acceptance of those changes.