terms & conditions

Welcome to DFW Confetti Bounce! These Terms and Conditions and our Privacy Policy (collectively referred to as the “Agreement”) govern your access and use of the website located at www.dfwconfettibounce.com (hereinafter the “Website”). The Website and all information contained therein is owned and operated by DFW Confetti Bounce, Inc., a company formed and operating in accordance with the laws of Texas, United States of America.

Any reference in this Agreement to “the Company,” “we,” “us,” or “our” refers to DFW Confetti Bounce, Inc., and any reference to “client,” “you,” “your,” or “user” refers to you, an individual who accesses/uses the Website, sends any inquiries through the Website or subscribes to our mailing list.

This Agreement constitutes a legally binding contract between you and the Company. By accessing or using the Website, you agree to abide by this Agreement as amended or supplemented. Please carefully review the Agreement before accessing/using the Website. 

IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT ACCESS THE WEBSITE. 

Table of Contents

1. Eligibility
2. Intellectual Property
3. Prohibited Activities
4. Inquiries and Bookings
5. Privacy
6. Third-Party Websites
7. Third-Party Services
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. Class Action Waiver and Binding Arbitration
12. Governing Law
13. Amendments
14. Electronic Communication
15. Assignment
16. Severability
17. Maintenance
18. Notice
19. Force Majeure

 

1. Eligibility

To be eligible to access/use the Website, you must meet the following eligibility criteria:

1. You must be of legal age and have the legal capacity to enter into a binding contract with the Company. You are of legal age if you are either legally emancipated or of the age of majority in the jurisdiction where you reside.
2. If you enter into this Agreement on behalf of a business/legal entity, you represent and warrant that:
3. 2.1.You meet the criteria in Section 1.1 above,
4. 2.2.The legal entity you represent is duly organized and operating in accordance with applicable law,
5. 2.3.You have the authority to act on behalf of such a legal entity, including the authority to bind the former to this Agreement.
6. You also agree that you will only use the Website in accordance with the provisions of this Agreement and as permitted by applicable law and regulations.
7. You are strictly prohibited from accessing the Website and submitting any personal information if you are under 18 years of age. 

1. All information, material, and content available on the Website, including but not limited to text, images, audio, video, logos, trademarks, and the like (“Company Content”), are owned either by the Company or its licensors. 
2. All Company Content is subject to trademark, copyright, and other applicable intellectual property laws of the United States of America and international conventions.
3. Subject to your ongoing compliance with this Agreement, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Company Content for your personal use only. Nothing in this Agreement shall be construed as a sale of any Company Content to you. You will not acquire any right, title, or interest in or to the Company Content, and the Company reserves all rights that are not expressly granted herein.
4. You shall not copy, modify, reverse engineer, create derivative work of, disassemble, decompile, or sell any Company Content. You agree that you will not remove or otherwise tamper with any proprietary rights notices affixed on any Company Content.
5. You acknowledge and agree that any use or exploitation of the Company Content in violation of this Agreement may cause us or our licensors irreparable injury. The Company and its licensors may seek remedy for breach of this Agreement either in equity or through injunctive or other equitable relief. 
6. "DFW Confetti Bounce," its logos, and its marks are the Company's registered or unregistered trademarks. Any use of the Company's trademarks for any product/service not owned or operated by the Company is expressly prohibited.
7. We welcome our users' feedback and how we can improve our offerings. Although we love to receive your feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or hereinafter developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as non-confidential.

 

The license grant and authorization to use the Website is subject to the following conditions:

1. You will not use the Website for any unlawful purposes;
2. You will not use the Website in a manner that violates any provision of this Agreement;
3. You will not use the Website or any content contained therein for any commercial purpose without express written authorization from a Company representative;
4. You will not attempt to access the Website through means other than the interface provided by the Company;
5. You will not circumvent or breach any security measures used by the Company to protect the Website or any Company Content;
6. You will not modify, adapt, translate, or reverse engineer any portion of the Website;
7. You will not use any robot, site search/retrieval application, or other devices to scrape content or to circumvent the technological methods adopted by us to prevent such prohibited use;
8. You will not reformat or frame any portion of the web pages without the express written consent of the Company;
9. You will not use the Website to create competitive products/services;
10. You will not introduce or transmit any virus, Trojan horses, worms, or other code or software routine of a malicious nature;
11. You will not disrupt or otherwise interfere with the proper working of the Website;
12. You will not use the Website in any manner that may impose an unreasonable or disproportionately large load on our IT infrastructure or interfere with other users’ use of the Website.

If we discover that you have violated any of the terms above, we reserve the right to take appropriate legal action to ensure the safety of our Website and users.

 

1. We are engaged in the business of party supply rentals. To initiate a booking, users are required to fill out the inquiry form provided on our Website.
2. Upon submission of your inquiry, we shall promptly provide you with a quotation for the requested services, along with a copy of our Booking Agreement.
3. Your booking shall be deemed confirmed only upon the execution of the following two steps:
4. Your approval of our quotation and written signature on the Booking Agreement and
5. Your payment of the deposit as specified in the quotation.
   Failure to complete either of the above steps will result in the booking remaining unconfirmed.
6. Please note that all bookings, cancellations, and refunds are strictly governed by the terms and conditions set forth in our Booking Agreement. You are strongly advised to thoroughly review the Booking Agreement prior to signing it and paying any deposit.

 

Our Privacy Policy governs the collection, use, and retention of our users’ personal information. Please carefully review our Privacy Policy before using our Website and providing any personal information to us.

 

The Website may contain links to third-party sites that are not owned or operated by us. All such links are provided for your convenience only, and the presence of such links does not constitute any endorsement of such third-party sites or any services provided by them. When you click on any third-party site link on our Website, you will be redirected to such a third-party site. Your access/use of a third-party site and/or products/services provided by such a third-party site will be governed by the terms and conditions and privacy policy of such third-party site. We disclaim all responsibility for any content of such third-party sites or products/services provided by them.

 

The Company reserves the right to use third-party service providers in the provisions of all or part of the Website, including, but not limited to, hosting providers, business management software, analytics services, internet advertising service providers, and platforms. Where any of the aforementioned services are provided by third parties, the user may be subject to such third party’s terms and conditions. We accept no responsibility for any services provided by any third party.

UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE WEBSITE AND ALL CONTENT CONTAINED THEREIN ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DO NOT OFFER ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT:

1. THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
2. THE CONTENT/INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE, CURRENT, AND/OR COMPLETE;
3. THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
4. ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
5. THE WEBSITE WILL MEET YOUR REQUIREMENTS.

YOUR DECISION TO USE THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR BREACH OF STATUTORY DUTY OR OTHERWISE RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT MADE AVAILABLE BY THE COMPANY;
• ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT MADE AVAILABLE ON THE WEBSITE;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• YOUR RELIANCE UPON ANY INFORMATION MADE AVAILABLE BY THE COMPANY.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ACTIONS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE ISSUE FIRST AROSE.

 

You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) the violation of this Agreement by you;

(ii) any violation of law by you;

(iii) any violation of a third party’s rights by you.

The Company may, at its own cost, assume the exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

 

YOU AND THE COMPANY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR ANY SERVICE OFFERED BY THE COMPANY. YOU UNDERSTAND AND ACCEPT THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST THE COMPANY.

YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIMS/ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT BY BINDING INDIVIDUAL ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. CLAIMS SHALL BE HEARD BY A SINGLE ARBITRATOR. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IN ANY COURT WITH JURISDICTION. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR’S AND ADMINISTRATIVE FEES OF ARBITRATION.

THIS ARBITRATION PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF TERMINATION.

 

This Agreement shall be governed by and interpreted pursuant to the laws of the State of Texas without giving effect to any principles of conflict of law.

 

We reserve the right to amend this Agreement at any time, at our sole discretion. You agree that all changes to this Agreement will be effective immediately when we post them on the Website and apply to your use of the Website after such date. You are advised to review this Agreement periodically to ensure that you are familiar with any changes governing your use of the Website. 

 

When you visit our Website, send us any inquiries, or subscribe to our mailing list, you enter into this Agreement electronically, and you expressly consent to receive all notices, disclosures, and other communications from the Company electronically. You acknowledge and agree that such electronic communication will meet any legal requirement that such communication should be in writing.

 

You may not assign any rights and obligations under this Agreement, in whole or in part, without the Company’s written consent. Any attempt to assign any rights and obligations without the Company's consent shall be void. The Company reserves the right to assign any of its rights and obligations under this Agreement to a third party without requiring your consent. Please note that such a third party will be bound by the same rights and obligations as outlined in this Agreement (as amended from time to time).

 

If any provisions in this Agreement or part of a provision is found to be unlawful, void, or for any reason deemed to be unenforceable, then that provision or part of the provision will be deemed not to be part of this Agreement to the minimum extent necessary and such severance shall not affect the validity and enforceability of the remaining Agreement.

 

Your access to the Website may be interrupted at any time with or without prior notice to you for any system maintenance, upgrading, testing, repairs, or other related work. The Company shall not be liable to indemnify you for any loss, damage, costs, or expense that you may suffer or incur as a result of such deactivation or/and suspension.

 

 

The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labor dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.