Terms of Service

Inflateo Terms of Service
 
OVERVIEW
This website is operated by Inflateo Inc. Throughout the site, the terms “we”, “us” and “our” refer to Inflateo Inc. Inflateo Inc  offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
General Instructions:
1. All units are sold on a first come first served basis.
2. All orders with units taken from stock must ship immediately.
3. Each unit ordered requires a 30% deposit in order to guarantee the next available unit.
4. Cancellation before manufacturing begins will be given a full deposit, not including credit card fees. Once manufacturing begins, a 20% restocking fee of the purchase value of the unit will result. 
5. Balance in full due prior to shipment. All prices are effective immediately.
6. All prices are Net. F.O.B. Los Angeles. Sales tax is charged as applicable.
7. Due to product development, prices, designs, and colors are subject to change without notice.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 
SECTION 6 - ORDERING
Payment shall be made on all Inflateo Inc. products as follows: 
1. Partial payment equal to 20% must be paid to Inflateo Inc. at time of order to reserve a production space on the production schedule.
2. Orders placed without a deposit will not be started until a secured deposit has been received. 
3. The ship date listed on the sales confirmation will reflect the date the deposit is received. For each day a deposit has not been received an additional day may be added to the ship date. 
4. Final payments on all orders must be received at least 48 hours prior to the listed ship date on the sales confirmation. 
5. Inflateo Inc. is not responsible for monitoring final payments. It is the customer's responsibility to keep track of the date their product is due to ship and make arrangements with Inflateo inc. for the final payment before the scheduled ship date. 
6. Final payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card number. 
7. Inflateo Inc. may refuse to manufacture any item (unless payment in full is made) whenever, in the sole discretion of Inflateo Inc. there is doubt as to a Buyer's ability to pay.
 
• In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:
 
the Products are unavailable;(due to discontinuation of the design etc.)
 
we cannot authorize your payment;
 
you are not allowed to buy the Products from us;
 
we are not allowed to sell the Products to you;
 
• there has been a mistake on the pricing or description of the Products.
 
• In such a scenario we will be sending you a mail to confirm that your order has not been accepted and your payment will be transferred back to you within next 24 hours from this mail.
 
• We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
 
• (a) a legally binding contract will be in place between you and us; and
 
• (b) we will dispatch the Products to you, or inform you of the estimated dispatch date.
 
• The Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
• Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online, we will provide you an email to confirm that we have received it.
• We may refuse or be unable to process your order if: Your card or PayPal account does not give authorization for the payment of purchase price.
• You do not meet the eligibility to order criteria set out above.
• You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.
SECTION 7 - DELIVERY
a) The ship date indicated on your sales confirmation refers to the estimated time the product will be completed. 
b) Delay of deposit on an order or the delay in receiving necessary (customer supplied) artwork will reflect a possible delay in the on-time completion of your entire order. 
c) Inflateo Inc. utilizes the services of several common carriers to handle the delivery of their products. 
d) Whenever possible Inflateo Inc. will offer the discounts afforded to Inflateo Inc. to the customer for their shipments through the specified carriers Inflateo Inc. deals with. 
e) Unless a carrier is specified by customer, Inflateo Inc. will use, at its discretion, its best way carrier to get the product to the customer. A shipping price estimate will be given the day the deposit is paid. This is only an estimate and is subject to change. You will not be charged $100 over the estimated price. Final shipping price is given when label is made and units are ready to delivery.
f) Inflateo Inc. shall deliver the goods to the site specified on the Confirmation of Order or, if the Buyer chooses, Buyer shall pick up the goods at Inflateo Inc. warehouse during normal business hours. 
g) If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in acceptable condition. 
h) If shipped, the goods shall be shipped F.O.B. carrier at Inflateo Inc. factory, in Rancho Cucamonga, California.
i) Partial shipments of any order to Buyer may be made by Inflateo Inc. in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless Inflateo Inc. has been paid in full for the entire order. 
j) Inflateo Inc. is not responsible for delays in shipping due to weather, union strikes, fires, floods, UPS embargoes and acts of governments. 
k) Shipments requiring a lift gate style truck to unload Inflateo Inc. products may be subject to additional shipping charges. 
l) Damages caused by shipper are not the responsibility of Inflateo Inc. UPS carriers Policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly in the event that Inflateo Inc. must collect back damaged shipment to repair. This will assure that Inflateo Inc. is reimbursed for any expensed incurred in the repair of damaged goods. 
m) The promised delivery date is the estimated possible based on current and anticipated factory loads, of when the order will be shipped. Inflateo Inc. shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, destruction or damage to the goods or Inflateo Inc. manufacturing plant, shortage of raw materials, acts of nature, public enemy, act of government, fires, floods, strikes, UPS embargoes and severe weather. If the delay is caused by the delay or default of a subcontractor of Inflateo Inc. and if such delay arises from causes beyond the control of both Inflateo Inc. and the subcontractor, Inflateo Inc. shall not be liable to Buyer for damages.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Buyer shall inspect the goods promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect, which would be observable upon reasonable inspection of the goods, is waived by Buyer unless Buyer submits claim in writing to Inflateo Inc. within Five (5) days of receipt of the merchandise. Failure of Buyer to give written notice of a claim within this inspection time period shall be deemed to be waiver of a claim for defective products, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Buyer without defect(s).
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Inflatable bouncers manufactured by Inflateo Inc.: Three (3) year seam to seam warranty from the date of shipment to Buyer. All water products and games have a One (1) year seam to seam warranty from the date of shipment to Buyer. Inflateo Inc. warrants that the inflatable supplied to you is free from:
• Defects in the materials and the workmanship that is provided you in your cold-air inflatable. 
• Defects arising from the selection of materials or the process of manufacturing. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Inflateo inc , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
NOTE: WEAR AND TEAR due to normal use or overuse is not covered by this warranty. IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by Inflateo Inc. and a returned goods authorization number issued; if not, customer will be responsible for the UPS charges. Replacement or repair at Inflateo Inc. option shall be the sole remedy of buyer with respect to any defective or non-conforming goods or parts and shall be the exclusive remedy of buyer, regardless of any remedy otherwise available under applicable law. Inflateo Inc. is not liable for remote, special, speculative, or consequential damage. Inflateo Inc. is not liable for loss of use or profits under any circumstances.
DISCLAIMER
INFLATEO INC. DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO BUYER OR TO ANY OTHER PERSON FOR INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT; OR MISAPPLIED; OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS; OR IMPROPERLY INSTALLED OR MAINTAINED. 
EXCLUSION OF LIABILITY
• You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
• Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Inflateo Website including loss of data or information or any kind of financial or physical loss or damage.
• In no event shall Inflateo , nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Inflateo Inc  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
 
SECTION 19- MODIFICATION & VARIATION
CANCELLATION
Buyer may cancel this order, in whole or in part, upon written notice to Inflateo Inc. within 72 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by Inflateo Inc. Such charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by Inflateo Inc. that is properly applied to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that Inflateo Inc. would have made from full performance by Buyer, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Inflateo Inc. in making settlement and effecting collection hereunder. Buyer may require delivery to it of any material (except tools, molds, dies and any other equipment) for which payment hereunder is made. 
RETURN POLICY
All Sales are final unless otherwise agreed to in writing. If, however, an item is returned for reasons unrelated to a warranty claim, a restocking fee of 25% of the price of the item(s) refunded will be paid by Buyer. For any item purchased from Inflateo Inc. the customer has 72 hours from the date of receiving the item to contact Inflateo Inc. to file a refund and return authorization/claim. The customer will be responsible for any and all charges for the shipping of the item(s) returned. The items must be in an unused condition when returned. Any necessary repairs required to bring the item(s) returned to a like new condition will be paid by customer. Inflateo Inc. WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced by Inflateo Inc. 
 
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of USA.

SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via email at harry@inflateo.com