Terms of Service

McKindly, LLC / Deluxe Bounce House
WEBSITE TERMS AND CONDITIONS/WEBSITE TERMS OF USE

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY AND YOUR USE OF THE SITE IN GENERAL. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

(1). Applicability of Terms and Conditions: These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://deluxebouncehouse.com (the “Site”) as well as your use of the Site, in general. These Terms are subject to change at any time without prior written notice by McKindly, LLC d/b/a Deluxe Bounce House (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. You should also review our Privacy Policy before placing an order for products through the Site. THIS SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18).

(2). Site Use and Content. You may view, copy or print pages from the Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of the Company.

(3). Online Account Access. For certain features available through the Site, you are able to create a User account. For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e. Account owner name, address, email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at info@deluxebouncehouse.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(4). Reliance by Company. You authorize the Company to rely on your UserID and password to identify you when you use your User Account, and as signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all payments you make using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User Account or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization.

(5). Termination of User Account. Company reserves the right to terminate your User Account for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the User Account by writing to the Company at the address provided at the end of these terms. Any termination of your use of the User Account, whether by you or the Company, will not affect any of your or the Company’s rights and obligations under these Terms that have arisen prior to the effective date of such termination.

(6). Online Orders: When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. If you have questions regarding our items/services before placing your order or are having technical issues with ordering, please contact us at info@deluxebouncehouse.com

(7). Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

(8). Shipping / Delivery Information: It is our responsibility to ship / deliver your accepted order to you at the address you provide when making the order. You need to stay in place of delivery to accept our product.

(9). Refunds / Cancellations: We know you don't want to cancel your event but just in case a cancellation is needed please note that any cancelation will be credited for a future booking. We offer a free rescheduled, payment will be held for your future reservation, no refund.   

(10). Privacy Policy and Website Terms of Use: 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 Site.

(11). Buyer Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale.

(12). MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

(13). LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUE OR DIMUNITION IN VALUE, ARISING OUT OF OR RELATING TO 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 EXCLUSIVE LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

(14). Third Party Content.
COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Web Site. A web site that links to the Site: (i) may link to, but not replicate, the Company’s Content; (ii) may not create a browser, border environment or frame the Company’s Content; (iii) may not imply that the Company is endorsing it or its products; (iv) may not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

(15). Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission. The Company aggressively enforces its intellectual property rights. Neither the name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission. If you believe that any content on the Site violates any intellectual property right of yours, please contact the Company at email address set forth at the bottom of these Terms.

(16). Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

(17). Third-Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

(18). Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

(19). Severability: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

(20). Governing Law/Binding Arbitration:
Governing Law. The Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the United States of America.

Binding Arbitration: Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Pembroke Pines, Florida. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the Broward County, Florida. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Both parties shall bear their own costs in association with any arbitration; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement of our costs and expenses in such Arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (14) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 60 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

(21). No Waivers: The failure by us to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of McKindly, LLC.

(22). Notices:
To You. We may provide any notice to you under these Terms by: (1) sending a message to the email address you provide; (ii) regular mail to the address you provide; or (iii) by posting to the Site. Notices sent by email will be effective when we send the email, notices sent by regular mail shall be effective THREE (3) days after the notice is sent and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you shall contact us as follows: (i) by electronic mail to info@deluxebouncehouse.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by electronic mail shall be effective one business day after they are sent. 

(23). Entire Agreement: These Terms, along with the confirmation email referenced in Section (3) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Privacy Policy shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Site so that you will always be able to understand the terms and conditions that apply to your use of the Site and/or the User Account. Your use of the Site and/or the User Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to: info@deluxebouncehouse.com


INFORMATION THAT WE COLLECT

We collect limited types of personal information through our website, as well as through other electronic communications (e.g., e-mails), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. Identifiers, such as name, contact details, telephone number and address (including physical address, e-mail address and Internet Protocol address), have been collected from individuals on this Website.

In connection with forming and operating our Website, your non-public personal information is collected and maintained from your communications with us in connection with this Website, including any update notices provided by you, and information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

Personal information that you provide to us may be combined with information that is collected from or about you from publicly available sources. This includes information collected in an online or offline context.

USE OF PERSONAL INFORMATION

We will use your personal information for one or more of the following business purposes: to perform services for you; to improve our Website; to communicate with you, including responding to requests for information submitted by you through our Website; to keep a record of your relationship with us; ongoing operations, administrative, accounting, reporting, account maintenance and other processes; to audit and verify the quality and effectiveness of our services and compliance; to detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity; and to generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so, or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us, and you may unsubscribe to receiving e-mails by clicking on the "opt-out" or "unsubscribe" link provided in all our marketing e-mails.

SHARING PERSONAL INFORMATION

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any non-public personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in “Information That We Collect.”

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding, or other disposition of all or a portion of our business, assets or shares.

SECURITY OF PERSONAL INFORMATION

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

YOUR RIGHTS UNDER THE CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

the categories of personal information we collected about you;
the categories of sources from which the personal information is collected;
our business or commercial purpose for collecting such personal information;
the categories of third parties with whom we share the personal information;
the specific pieces of personal information we have collected about you; and
whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.
No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

CONTACT US

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.

Submit a request by emailing info@deluxebouncehouse.com
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information. We may also verify your request through a service provider. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required.

Contact us by submitting a request by emailing info@deluxebouncehouse.com.