Terms of Use

Balloon Creations & Gifts LLC Web Site Agreement

The balloongeeks.com Web Site (the "Site") is an online information service provided by Balloon Creations & Gifts LLC ("balloongeeks.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. balloongeeks.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are balloongeeks.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to balloongeeks.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to balloongeeks.com by all means and in any media now known or hereafter developed. You also grant to balloongeeks.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against balloongeeks.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to balloongeeks.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of balloongeeks.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by balloongeeks.com, balloongeeks.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for balloongeeks.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with balloongeeks.com a. You also understand that balloongeeks.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. balloongeeks.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND balloongeeks.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. balloongeeks.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. balloongeeks.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL balloongeeks.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF balloongeeks.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, balloongeeks.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

balloongeeks.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-balloongeeks.com web site, please understand that it is independent from balloongeeks.com, and that balloongeeks.com has no control over the content on that web site. In addition, a link to a balloongeeks.com web site does not mean that balloongeeks.com endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless balloongeeks.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of balloongeeks.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Terms & Conditions:

Cancellation/Refund/Payment Policy:

Decorating: We require 50% down payment up front to hold your day on our calendar. You may cancel up to 6 months prior to your date/event and get 50% of your down payment back. No refund if less than 6 months notice.

The remaining 50% is due 2 weeks prior to your event. If other arrangements have not been made we are under no obligation to provide service.

Entertainment: We require 50% down payment at the time of booking to hold your time slot/date on our calendar. 100% of the down payment is refundable if canceled 6 months prior to the booking date. 50% of down payment is refundable if canceled at least 3 months prior of booking date. No refund if canceled less then 3 months prior to the booking.

The balance is due on the day of the event.

Retail: Due to the nature of our merchandise i.e. balloon art and hand made items there are no cancellations once the creating process has begun. All other manufactured items can’t be canceled once they are packaged and ready for shipment. Cancellations need to be made 4 days prior to the delivery due date.

Product Guarantee:

We will try our best to insure your colors however we do reserve the right to substitute in the event that your color is not available. Since every balloon sculpture and artist is unique, product may vary slightly from picture. Balloon Sculpture sizes are an estimate and may vary. Upon delivery we guarantee our sculptures to be intact and to last at least 24 hours after delivery. No guarantee is made after delivery if the sculpture comes in contact with sharp objects, high heat, or negligence of the recipient. The recipient is responsible to notify us within 24 hours of delivery if the sculpture is defective.  We will send a replacement at no charge or refund the purchased price or give an in store credit. All non balloon related gifts are guaranteed from manufacture’s defect and refund policy varies per item. Call us for information.

Collection Costs:

You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement or otherwise enforcing the terms of this contract.

Return Check Policy:

There is an NSF charge of $30 for any returned checks.

Rental Policy:

If any rental item is damaged or not returned you will be charged the replacement cost. You will be charged a cleaning fee for any linens, sheers, tulle, netting, that needs to be cleaned other then normal wear i.e. chocolate stains, candle wax etc. All items used to decorate framing such as arches, center pieces, columns, ceilings, dance floors remain our property unless a purchase agreement has been determined.

We charge a delivery/setup/teardown/pickup fee of $125 for rentals and decorating.

Ordering Policy/Shipping:

We do our best to have the sculpture to arrive on or before the day you specify. In order to do this we need your order by noon at least 3 days prior to the delivery date. However we can’t guarantee your delivery will be on the day specified because we are at the mercy of UPS and other shipping entities.

Outdoor Policy:

We will do our best to ensure your satisfaction of our outdoor decorations however since we have no control of outside forces i.e. weather we make no guarantees. See Cancellation Policy. See Responsibility for Use & Disclaimer of Warranties.

Design Change Policy:

You may change the design of your décor up to two months prior to your event with no additional charge unless what you have changed/chosen is in excess of previous décor, then you will be charged the additional costs. After this time you will be charged $100 plus retail cost of all rentals/décor.

Guest Policy:  We are not responsible for the conduct of guests or any other person who may have access to our decorating after we leave the venue.

Responsibility for Use and Disclaimer of Warranties:

You are responsible for the use of the items purchased or rented. You assume all risk inherent in the operation and use of the item(s) and agree to assume the entire responsibility of the defense of , and to pay, indemnify and hold Dealer harmless from, and hereby release Dealer from any and all claims for damage to property or operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in whole or in part from Dealer’s negligence, from the defective condition of the item(s) or from any cause. You agree that no warranties, expressed or implied, including merchantability or fitness for a particular purpose have been made in connection with the purchased items or rented equipment.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The State of Ohio. You agree that any legal action or proceeding between balloongeeks.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction over Shelby County, OH. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. balloongeeks.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. balloongeeks.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.