TOS – Terms Of Service
INFLATABLESTARTUP.COM TERMS OF SERVICE (Updated 11/2011)
The following are the terms and conditions for use of InflatableStartup.com (the “Website”)
By accessing, registering, or contributing to any blogs, or other services hosted at http://www.inflatablestartup.com (collectively, the “Services”), and in consideration for the Services InflatableStartup.com LLC (“InflatableStartup”) provides to you, you (the terms “you” or “yours” includes the person or entity that is accessing, contributing, or registering with the Services as well as any third parties accessing the Services on your behalf) agree to abide AND BE BOUND BY ALL OF these Terms AND CONDITIONS OF THE SERVICES (“Agreement”). Please read this Agreement carefully before using the Services in any manner. The Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Registration. In order to utilize some Services, you must register and create an account. In order to create an account, you must make a payment and complete the registration process by providing InflatableStartup with complete and accurate information as prompted by the registration form, including an e-mail address, username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify InflatableStartup immediately of any unauthorized use of your account or any other breach of security.
Access. From time to time, InflatableStartup may find it necessary to access your account. For instance, InflatableStartup may access your account for support, maintenance, or security-related reasons. In such an event, InflatableStartup will endeavor, if practicable, to provide you notice of its intent to do so; however, InflatableStartup undertakes no affirmative obligation to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
II. USER-GENERATED/THIRD PARTY CONTENT
Overview and Age Restrictions. Portions of the Website, including but not limited to the blog allow users or other third parties to post or upload user-generated content (“User Content”). By submitting User Content, you represent that you are older than 13 years of age, and if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement and use the Services.
Reservation of Rights. InflatableStartup reserves the right to remove or not remove any User Content from the Website for any reason or no reason at all, in InflatableStartup’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. InflatableStartup reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
IV. PROPRIETARY RIGHTS
InflatableStartup expressly reserves all right, title and interest in and to the Services, and the content of the Website, including any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You agree to indemnify, hold harmless and defend InflatableStartup, at your expense, against any and all third party claims, actions, proceedings, and suits brought against InflatableStartup or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by InflatableStartup or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) User Content which is Posted by you on the Website, (iii) your use of the Services, or (iv) your unauthorized use of the Services. In such a case, InflatableStartup will provide you with written notice of such claim, suit or action. You shall cooperate as fully as is reasonably required in the defense of any claim. InflatableStartup reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification and reimbursement of any and all associated expenses by you.
InflatableStartup offers a simple guarantee where if you cannot access the information and Services provided on the Website due to technical issues and InflatableStartup cannot resolve the issue within 45 days from the date of purchase you are eligible for a refund. This guarantee is offered only on the purchase of the ALL IN ONE Startup package. Refunds are granted on the basis that the information has not been consumed. Since all information is digital, it is considered consumed by the act of reading, watching, listening to or downloading the information. You DO qualify for a refund if you have not been able to download and/or access the information contained within the ALL IN ONE Startup package. You do NOT qualify for a refund it InflatableStartup resolved the issue within 45 days from your date of purchase. You do NOT qualify for a refund if you used the Services and the information provided on the Website to make a decision whether or not to pursue your venture in the inflatable industry. You do NOT qualify for a refund if you used the Services and the information provided on the Website to calculate and seek startup funding and later failed to secure the capital to start this type of business. If you used the Services and accessed premium information on the Website you will NOT qualify for a refund. Otherwise please request the refund by contacting us via email. You’ll be asked to fill out a brief feedback survey prior to InflatableStartup processing your refund. You will see a credit to your statement within 3 – 5 business days.
VII. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
InflatableStartup does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
All the information provided by InflatableStartup on the Website including all the articles, business plan template and other downloads is provided with the understanding that InflatableStartup is not engaged in rendering legal, accounting, or other professional opinions. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
Information verbally spoken by representatives of, as well as information contained, implied, and posted anywhere on the Website OR in ANY emails InflatableStartup sends out does not guarantee a successful jump center. InflatableStartup makes no representations or warranties as to the completeness or accuracy of the information and will not be responsible for any monetary loss. Your center’s success will depend upon your business management skills, not ours.
THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY INFLATABLESTARTUP EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. INFLATABLESTARTUP DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
VIII. LIMITATIONS OF LIABILITY
INFLATABLESTARTUP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF INFLATABLESTARTUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
IX. TERMS AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
X. MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES
InflatableStartup reserves the right to cease offering any of the Services at any time or to make changes to this Agreement at any time, each at its sole and exclusive discretion. You will know we have modified or amended this Agreement when you see a new updated date at the top of this Agreement. InflatableStartup will not notify its Website users of any such changes by e-mail or other personal contact. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR AMENDMENTS. We encourage you to check the date of this Agreement whenever you visit this Website so that you will know when you need to review the Agreement for changes.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
XII. MISCELLANEOUS; APPLICABLE LAW AND VENUE
InflatableStartup shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of South Carolina without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and South Carolina law, rules, and regulations, South Carolina law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of South Carolina. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.