Effective Date: 4/28/22

Introduction

Welcome to our Website. This Terms and Conditions of Use Agreement (“Agreement” or “Terms”) is by and between BounceHouse NW, LLC (“BounceHouse NW”, “we”, “us”, “our”) and you (“you” or “your”) and governs your use of our Website, e-communication tools, and our social media sites (collectively, “Site” or “Sites”). The Site is maintained by us. By accessing, visiting, browsing, using, or attempting to interact with or use any part of the Sites (collectively “use” or “using”), you agree that you have read, understood, and agreed to comply with, and be bound by this Agreement.

The most current version of these Terms supersedes all previous versions. Please review these Terms carefully and frequently. BounceHouse NW reserves the right to change these Terms at any time and without notice to you. Accordingly, you should check these Terms from time to time to ascertain if any changes have been made. Your continued use of the Site constitutes your acceptance of such changes to this Agreement. If you do not agree to these Terms you may not use the Site. If any new products, services, or content become available through the Site, they will be considered part of the Site and your use of them will be governed by this Agreement unless we notify you otherwise.

Agreement

This Agreement specifies the terms and conditions for access to and use of www.BounceHouse NW.com (“Website”) and incorporates by reference the Introduction paragraphs above.  This Agreement may be modified at any time by BounceHouse NW upon posting of the modified Agreement on the Website. Any such modifications shall be effective as of the amended “Effective Date”. You can review the most recent version of this Agreement at any time at the Website. If you have visited the Website previously, you may request prior versions by following the contact instructions below. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy

Your visit to our Sites is also governed by BounceHouse NW’s Privacy Policy, and any other posted policies, guidelines, or rules applicable to use of the Site and any of our services, which are all incorporated and made a part of this Agreement. The Privacy Policy may be accessed on the Website.

Account Information and Passwords

You may be required to provide us with personal information to gain access to and use certain features of the Sites and any services we offer (“Information”). You represent, warrant, and promise us that any and all Information you provide to us will be true, accurate, and complete at the time you provide it, and that you will not knowingly omit or misrepresent any Information we request. You further agree and authorize us to verify your Information as we deem necessary in order for you to use and access the Sites and our services.

Ownership

All content included on the Sites is and shall continue to be the property of BounceHouse NW or its content suppliers and is protected under applicable copyright, trademark, patent, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Sites (collectively “Content”) is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Sites or our services.

Trademark

“BounceHouse NW, LLC” and others on the Sites, if any, are either trademarks or service marks of BounceHouse NW. Other product and company names mentioned on the Sites may be trademarks of their respective owners. Trademarks, service marks, logos, and copyrighted works appearing on the Sites are the property of BounceHouse NW or the party that provided such intellectual property to BounceHouse NW. BounceHouse NW and any party that provides intellectual property to BounceHouse NW or the Sites shall retain all rights with respect to any of their respective intellectual property appearing in the Sites, except as otherwise stated herein, and no rights on such materials are transferred or assigned to you by your use of the Sites or our services.

Intended Audience

Adults

The Sites are intended for individuals 18 years or older only. The Sites are not intended for anyone under the age of 18. You must be at least 18 years of age to access and use the Sites. If you are younger than 18 you are prohibited from using the Sites.

United States Users

The Sites and our services are intended only for United States customers. If you visit the Sites from outside the United States, your information may be transferred to, stored, and processed in the United States where our Site is hosted. The data protection and privacy laws of the United States may not be as comprehensive as those in your country. By using the Site and our services available on or through the Sites, you do so without our consent, and you hereby agree to the transfer of your information to the United States and its collection, storage, sharing, and use as described in BounceHouse NW’s Privacy Policy located at www.BounceHouseNW.com. You further agree that all transactions relating to the Sites and our services shall be deemed to have occurred in the United States.

Your Conduct

BounceHouse NW grants you a limited, revocable, nonexclusive license to use the Sites solely for your own use. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works or other works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to the Sites. Your ability to use the Sites and our services is at the sole and absolute discretion of BounceHouse NW and BounceHouse NW may terminate your use of the Sites and our services at any time.

You are prohibited from violating or attempting to violate the security of the Sites in any way. Such violation(s) or attempted violation(s) may subject you to civil or criminal penalties. We reserve the right to investigate such violations or attempted violations and involve and cooperate with law enforcement at the state and federal level to prosecute you for such actions.

You understand and agree that sending unsolicited email advertisements to email addresses obtained through the Sites or through our computer systems is expressly prohibited, and that such sending is violative of federal laws.

You hereby agree to comply with all local, state, and federal laws, statutes, regulations, and rules applicable to your use of the Services and the Site.

Other Users

Nothing in this Agreement shall create any right of action against us for failing to adequately screen potential users of the Sites or our services.

Your Content

You are solely responsible for any Information, data, text, software, music, sounds, photographs, graphics, video, messages, or other material (collectively “Your Content”) you post, upload, link to, or otherwise transmit to or through the Sites. You hereby represent and warrant that you own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use of Your Content, and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights to Your Content contained in this Agreement. You further warrant and represent that our use of any of Your Content as contemplated by this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you notify us in writing of any restrictions or limitations of use.

You expressly agree that we have no responsibility for or control over Your Content and how you use our Sites. We make no representation that your use of the Sites complies with applicable laws or that it was designed to comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, legality, or reliability of any of Your Content that you post, upload, link to, or otherwise transmit to or through the Sites. We reserve the unconditional right, but not the obligation, to remove, move, or edit any of Your Content, in our soul and absolute discretion, that we deem to be harmful, offensive, unprofessional, disruptive, illegal, or otherwise contrary to the values of our business, and may do so without warning or notice to you. However, we do not undertake to review all of Your Content before it is posted on the Sites, and cannot ensure prompt removal of objectional material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Your Content provided by you or any other user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Through posting, uploading, linking, or transmitting Your Content to or through the Sites you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any of Your Content by any means and in any media now known or hereafter developed for any use or purpose without compensation to you. Further, by posting, uploading, linking, or transmitting Your Content to or through the Sites you hereby agree to release, hold harmless, indemnify, and defend us from any and all legal or civil actions, penalties, and costs, including without limitation attorneys’ fees, arising from any of Your Content you post, upload, link to, or transmit to or through the Sites.

Use of Information

BounceHouse NW reserves the right, and, by your use of the Sites, you authorize BounceHouse NW to use, disclose, and assign all information regarding Sites or services used by you and all information provided by you in any manner consistent with our Privacy Policy which is found at www.BounceHouseNW.com, as well as any other posted policies, guidelines, or rules applicable to use of the Sites and any of our services. Further, BounceHouse NW reserves the right, and by your use of the Sites you authorize BounceHouse NW, at all times, to disclose any information you have provided to us through your use of the Sites or our services, as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Confidential Information

You agree to safeguard, keep secret, and not disclose to any third-party any Confidential Information learned, acquired, or provided by us during your use of the Sites or our services, including information about third parties or other users of the Sites or services. Confidential Information includes any non-public information marked confidential or that ought to reasonably be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, employee or prospective employee information, operation procedures, trade secrets, design formulas, and programming code, know-hows and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kind. The obligations in this paragraph survive in perpetuity.

Communications

By using the Sites or services you are hereby requesting, and expressly consent to being contacted by us, by our agents, or representatives, and other users via the Sitess, phone, fax, email, mail, text, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, local, and other applicable laws, and regulations, or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing communications from us so that we may provide Services to you. You agree that all consents provided in this section will survive termination of this Agreement.

You hereby: (1) consent to receive communications from us in an electronic form; and (2) you agree that all terms and conditions, agreements, notices, disclosures, and other communications, and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The previous sentence does not affect your statutory rights.

Third Party Sites and Content

The Sites may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Sites. Those third-party websites are not under BounceHouse NW’s control, and you acknowledge that BounceHouse NW, its employees, agents, officers, directors, affiliates, and subsidiaries are not responsible or liable for any third-party content, products, services, or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators.  You further acknowledge and agree that BounceHouse NW, its employees, agents, officers, directors, affiliates, and subsidiaries shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products, and services on any third-party sites or available through any third-party sites, is made voluntarily by you and done solely at your own risk.

Advertising & Affiliate Marketing

We may publicly display advertisements and other marketing information on the Site.  You are not entitled to any compensation for such advertisements or marketing information, even if they are adjacent to or included with your profile. The manner, mode, and extent of such advertising is subject to change without specific notice to you.

BounceHouse NW may also participate in an affiliate advertising program that allows BounceHouse NW to earn advertising fees by advertising and linking to the affiliate’s website. Pages on the Sites may include affiliate links to an affiliate’s website and its affiliate site(s) on which BounceHouse NW may make a referral commission. You should assume that all links on the Sites are affiliate links of which BounceHouse NW receives a commission from sales of certain items. For a full list of current affiliates please contact BounceHouse NW directly.

Compliance with Laws

You agree to comply with all applicable state, federal, and local laws regarding your use of the Sites. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Indemnification

You agree to indemnify and hold BounceHouse NW, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability whatsoever in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information accessed from the Sites.

Disclaimer

YOUR USE OF THE SITES IS AT YOUR OWN RISK. ANY SERVICE OR INFORMATION PROVIDED BY THE SITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BOUNCEHOUSE NW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BOUNCEHOUSE NW DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES OR ANY OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKES SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOUNCEHOUSE NW DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT CONTENT ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BOUNCEHOUSE NW MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITES OR ITS SERVICES AT ANY TIME BUT SHALL NOT BE REQUIRED TO DO SO. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR THEIR CONTENT. BOUNCEHOUSE NW MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH BOUNCEHOUSE NW SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT NOR SHALL IT BE RELIED UPON BY YOU. ALL INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY. IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH PROFESSIONALS FOR YOUR SPECIFIC NEEDS.

Limitation of Liability

BY YOUR USE OF THE SITES YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL BOUNCEHOUSE NW, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INLCUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY REALTING TO THE SITES, YOUR SITE USE OR USE OF THE SITE CONTENT, EVEN IF BOUNCEHOUSE NW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR BOUNCEHOUSE NW WAS NEGLIGENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND THEIR CONTENT IS TO CEASE ALL OF YOUR SITE USE UNLESS SUCH LIMITATION IS HELD INVALID, ILLEGAL, OR UNENFORCEABLE, THEN, IN NO EVENT, WILL THE COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY OF BOUNCEHOUSE NW AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO BOUNCEHOUSE NW FOR USE OF THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITES OR OUR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THRID PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND, OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATITVES, SERVICE PROVIDERS, OR CONTENT PROVIDERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS, OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

Lease Prices, Quantities, and Refunds

Certain products may be available for rent exclusively online through the Sites. We have made every effort to display as accurately as possible the availability, colors, and images of items we lease but we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the lease of our products to any person, geographic region, or jurisdiction. We may exercise such right on a case-by-case basis, in our sole discretion. We reserve the right to limit quantities of any leased products.  Prices for our leased products or service descriptions are subject to change or be discontinued without notice. Any offer for to lease a product or provide a service made on the Sites is void where prohibited.

We do not warrant that the quantity of any products or other materials leased from us or obtained by you will meet your expectations or that any errors in the products will be corrected. Occasionally Content on the Sites may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information or cancel any product lease options arranged pursuant to such errors, inaccuracies, or omissions. No refunds of any type, whether partial or full, will be issued on our products or services except as otherwise agreed in a separate written and signed service agreement between you and BounceHouse NW.

Applicable Law

You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and BounceHouse NW, its agents, employees, directors, officers, affiliates, or subsidiaries. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of North Carolina.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY OF YOUR CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE SITES, ANY SERVICE PROVIDED BY THE SITES, OR THE AGREEMENT MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Severability

If any provisions of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver

The failure of BounceHouse NW, its employees, agents, officers, directors, affiliates, or subsidiaries to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BounceHouse NW, its employees, agents, officers, directors, affiliates, or subsidiaries must be in writing and signed by an authorized representative of BounceHouse NW.

Modification and Termination

BounceHouse NW may modify or terminate this Agreement at any time, with or without notice, for any reason. Additionally, BounceHouse NW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) or any of its services (or any part thereof) with or without notice. You agree that BounceHouse NW, its employees, agents, officers, directors, affiliates, and subsidiaries will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Sites or services except as otherwise agreed between you and BounceHouse NW pursuant to a signed agreement.

This Agreement shall become effective upon your use of the Sites.

The term of this Agreement, and any subsequent modification of this Agreement shall remain in effect at all times after you or we terminate your participation in or access to the Sites.

Relationship of the Parties

Nothing contained in this Agreement or your use of the Sites shall be construed to constitute either you or BounceHouse NW (collectively, “we”, “us”, “our”, “each other”, or “ourselves”) as a partner, joint venture, employee, or agent of each other, nor shall either of us hold ourselves out as such. Neither of us has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended by both of us that we shall remain independent contractors solely responsible for our own actions.

Entire Agreement

This Agreement constitutes the entire agreement between you and BounceHouse NW with regard to the subject matter contained herein and governs the terms and conditions of your use of the Sites. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BounceHouse NW with respect to your use of the Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites and our services. BounceHouse NW may revise this Agreement at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Agreement periodically to determine if any changes have been made. Your continued use of the Sites after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.

Contact Information

If you have any questions regarding this Agreement, please contact us so we can help:

·       Call BounceHouse NW at 503-310-7734

·       Email BounceHouse NW at info@bouncehousenw.com

·       Mail BounceHouse NW at 3155 SE Century Blvd. STE J Hillsboro, OR 97123

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF THE SITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.