Jumpness

Terms and Conditions


1. Definitions

"Provider" means suppliers, information providers, and rental service providers.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"You" and "your" means the person accessing the website and accepting the terms and conditions.
"Service Providers" means the companies that are available on the website to provide services and/or products.
"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"Services"means the bounce house rental service and other items available from the Site.
"Book" means to reserve service.
"Site" means the www.Jumpness.com site and its respective sub sites together with the respective content, Products and Services available from this sites or sub sites.

 

2. Use of the Site

License

Jumpness grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. We do not grant you any other rights or license beyond those permitted in these terms with respect to this Site; any rights or license not expressly granted herein are reserved. This Site may only be used for your personal, non-commercial use, and not to provide services to a third party.

Other Limitations

Use of this Site is only to make legitimate reservations or bookings. Unless otherwise provided within these Terms, or unless applicable law requires Jumpness to allow you to do so, you may NOT do any of the following without the prior written consent of Jumpness:

• Use the Site to make any false, fraudulent or speculative reservation, or any reservation because of anticipation of demand;
• Imply in any fashion that Jumpness is endorsing your products or services without written consent;
• Place false or misleading information on the Site, or post or transmit any unlawful, threatening, tortuous, obscene, indecent, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
• Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Jumpness’, other Site users or members, including but not limited to, uploading or transmitting any device, software, viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
• Disguise the origin of the information transmitted through the Site.

Member ID and Password

Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. You represent and warrant that all information you supply to us about yourself and others, including email addresses, are true, valid and accurate, and that you have the right to supply us with such information.

Termination

Jumpness, at its discretion, may, at any time and without any notice or liability, terminate or restrict your access to all or any portion of our Site. Upon such termination or suspension, you must immediately stop use of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Jumpness shall not be responsible to you after such suspension or termination. Termination of your access may be done even if access continues to be allowed to others.

Changes and Modifications

Any aspect of the Site may be changed, discontinued, or suspension at any time, and without prior notice. We have no commitment to update the information contained on this Site. You agree that Jumpness is not liable to you for any delay or other damages that may result from such change, discontinuation or suspension.

We may, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.

We reserve the right to change, revise or update these Terms and/or the Privacy Policy, at any time, by updating this posting. You should visit this page from time to time to review the current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Customer information

Service provider agrees that information collected from Members will be used ONLY as necessary to provide the services or products requested by that Member. Service Provider agrees that information will never be used in a manner that violates the privacy policy or these terms and conditions.

 

3. Services and Content

Availability

We will use our reasonable efforts to keep our Site available on a 24-hours a day, 7 days a week, subject to necessary scheduled and unscheduled downtime for maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content

The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, products, etc. have been provided to us by the renting company. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.

You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send email confirmations within 24 hours of your Booking. If you have not received a confirmation of your booking via email, first look into your "spam" or "junk" folder to verify that it has not been misdirected. If a conformation email is not received within 24 hours of booking please contact our customer service department. The Contact Information is provided below.

Viruses

We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

 

4. Links to third party sites

Outbound Links

For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.

You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

Inbound Links

We welcome links from a third party site to our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by Jumpness; (b) you do not imply in any fashion that Jumpness is endorsing any of your products or service or is affiliated with you, (c) you do not present Jumpness in a false light, or provide misleading or false information about Jumpness, or its Site or Services, (d) you do not remove or obscure the copyright notices, or other notices on this Site; (e) you do not use any Mark of Jumpness; and (f) you do not replicate, frame or mirror the content of the Site.

We reserve the right to require you to remove links to the Site, in our sole discretion.

 

5. Intellectual Property

Ownership Rights

This Site is the sole and exclusive property of Jumpness. Jumpness and Providers retain all rights, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks

JUMPNESS, and all other Marks that appear, displayed, or used on the Site are registered or common law trademarks or service marks of Jumpness and its Providers. These Marks may not be copied, reproduced, modified, or used in any way without prior written permission from Jumpness or the relevant Provider.

Additional Copyright Notices

Much of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of the Terms.

Your Comments and Submissions

Any communications or materials you transmit to Jumpness, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a service, suggestion, idea, or the like will be treated as non-confidential and nonproprietary. By voluntarily submitting to us, or by posting on the Site any communications or materials, you grant Jumpness, and all users of the Site, non-exclusive, royalty free, permanent, irrevocable, and fully sub-licensable license to use, and display such communications or materials in any form, media or technology. We assume no responsibility for any communications or materials transmitted, or for the return or such communications or materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.

 

6. Disclaimer of Warranty

Jumpness and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Jumpness and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components. Jumpness and its Providers expressly disclaim any representation or warranty that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Jumpness is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, JUMPNESS AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

7. Limitation of Liability

Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to, conditions of carriage, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Jumpness. IN NO EVENT WILL JUMPNESS OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF JUMPNESS AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, Jumpness or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Jumpness and the Providers' liability will not exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

 

8. Indemnification

You agree that if anyone not a party to this agreement makes a claim or files a law suit against Jumpness for any reason relating to this agreement, including, but not limited to breach of the agreement, failure of services or products, or any negligent activity in connection with Jumpness in providing services or products then you agree to indemnify Jumpness. You agree to indemnify Jumpness for any amount a court orders Jumpness to pay or any amount Jumpness reasonably agrees to pay. You agree to indemnify Jumpness for any reasonable attorney fees and any other costs connected with damages.

 

9. Invalid Provisions

If any term or provision of this agreement is declared invalid, all other remaining terms and provisions shall remain in full force and effect.

 

10. Paragraph Headings

Paragraph titles are for the convenience of organization only and are not considered construing provisions of this agreement.

 

11. Governing Law

This agreement will be governed by the laws of The State of Michigan.

 

12. Contact Information

Email: info@jumpness.com

Phone: 248.880.6797