Wildaire Modern Bounce LLC (“Company”, “we,” “us” or “our”) offers inflatable bounce houses for online purchases and transactions. These Terms of Sale(these “Terms”) apply to the purchase and sale of inflatable bounce houses through [WILDAIRE MODERN BOUNCE] (the “Website”). You should review these Terms prior to purchasing any product or services that are available through our Website. By using or accessing the Website, you agree to our Terms of Use and Privacy Policy located at https://wildairemodernbounce.com/pages/privacy-policy.
These Terms are subject to change by Wildaire Modern Bounce LLC without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” date referenced above, on the Website and on the App.
THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION, WHICH STATES THAT ALL DISPUTES ARISING UNDER THESE TERMS OF USE SHALL BE RESOLVED THROUGH BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WILDAIRE MODERN BOUNCE LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1) ACCEPTANCE OF ORDER
You agree under these terms that your order is an offer to buy all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2) PRICES AND PAYMENT TERMS
Pricing Terms: All prices and promotions posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payment Terms: Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit cards, debit cards and PayPal for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
3) CANCELLATIONS & RETURNS
Cancellation: All sales are final. Orders may be canceled at no charge if the cancellation is made within 24 hours of the purchase date only.
Defective Product Returns: It is Buyer’s responsibility to inspect the products the same day as you receive the products and shall notify us in writing of any claims, including claims of breach of any implied warranty, within three (3) business days, by contacting us at [EMAIL ADDRESS]. Failure of the Buyer to give written notice of a claim within the inspection time period shall be deemed to be a waiver of a claim for defective products and conclusive proof that the Buyer received the product(s) without defect(s).We will accept a return of the defective products for a refund of your purchase price, less the original shipping and handling costs, provided such reporting of defect has occurred as described above and the return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds for your return are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
4) SHIPMENTS AND DELIVERY
Shipment: We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Risk of Loss: Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5) LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
6) FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
7) GOVERNING LAW & JURISDICTION
All matters relating to our services/products and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States City located in the State of California, County of Orange, or the state courts, and arbitration forums, in the State of California, County of Orange, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8) DISPUTE RESOLUTION
Arbitration: For any dispute between you and the Company, arising from the use of these Terms (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, County of Orange, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Website. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
No Class Action Suits: You agree to bring any dispute on an individual basis. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
9) NOTICES
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current with us so you can stay updated on our latest notifications.
To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to:
Wildaire Modern Bounce LLC
3230 E Imperial Hwy
Ste 300
Brea, CA 92821
hello@wildairemodernbounce.com
We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
10) INDEMNIFICATION
You (the person, company or entity purchasing the inflatable bounce house product or device), is solely responsible for the manner of use of the products and other equipment purchased from Wildaire Modern Bounce LLC. You are solely responsible for all notices, signs, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations such as (weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. You acknowledge that it is your responsibility to read and understand all necessary instructions for the safe setup and operation of their inflatable product or device. You further agree to operate the inflatable product or device according to the instructions established by the Company. You shall operate the inflatable product or device according to all state and local requirements. It is your sole responsibility to train any person(s) operating the inflatable product or device in the safe operation of the inflatable product or device including safe handling of emergency situations. Therefore, you agree to indemnify, hold harmless and defend Wildaire Modern Bounce LLC and its insurers from actions and claims of third parties, including your consumers and users of the products, arising out of or in connection with the use of the goods and products herein. In the event the Company is required to commence an action to enforce this provision, You shall pay all of the Company’s legal costs and expenses.
11) GENERAL TERMS
Waiver: No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Privacy:We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website and App
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Severability: If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company.
Language: Our Terms are written in English. Any translated version is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.
Entire Agreement: The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sales governed by these Terms. If any future Terms are agreed to, such future Terms shall govern.
11) YOUR QUESTIONS & COMMENTS
We always welcome any feedback you may have about Wildaire Modern Bounce LLC or our services. All feedback, comments, requests for technical support and other communications relating to these Terms or the products/subscriptions should be directed to:
Email: hello@wildairemodernbounce.com
Mail: 3230 E Imperial Hwy
Ste 300
Brea, CA 92821
These Services are operated by Wildaire Modern Bounce LLC.
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