Terms of Service
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR OR RECEIVING PRODUCTS OR SERVICES FROM THE SOCIAL SOCIETY INC., A FLORIDA CORPORATION (“COMPANY”), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED TO A MINOR CHILD, YOU AGREE THAT THESE TERMS OF SERVICE APPLY TO THE MINOR CHILD IN THE SAME MANNER AS THEY APPLY TO YOU AND YOU ACCEPT SUCH TERMS ON BEHALF OF SUCH MINOR CHILD. WITH RESPECT TO ANY SUCH CHILD, YOU REPRESENT THAT EITHER (A) YOU ARE AUTHORIZED TO REPRESENT SUCH CHILD AS A PARENT OR GUARDIAN, OR (B) YOU HAVE OBTAINED CONSENT FROM THE PARENT OR GUARDIAN OF SUCH CHILD TO THESE TERMS OF SERVICE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM COMPANY IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (C) IF ORDERING ONLINE, ARE PROHIBITED FROM ACCESSING OR USING THE COMPANY’S WEBSITE OR ANY OF THE WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to all purchases and sales of products and services from the Company (referred to as “us”, “we”, or “our” as the context may require), including via our website at https://thesocialsociety.com/ (the “Site”). These Terms are subject to change by Company without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available from the Company. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Balloon Orders. Please note that each balloon arrangement is uniquely crafted in our signature style. Photos are for reference, and your arrangement may differ. Substitutions or changes may be made at our discretion for enhanced design. Some photos may feature additional products; prices are subject to change based on final design. Balloons are fragile products with a relatively short life span, and they may deflate quickly, particularly if used outdoors. Cold air, hot air, high humidity, changing barometric pressure, high altitudes, and moving air from fans and vents will reduce balloon float times. The float times posted on our Site are the maximum to be expected and are not guaranteed. On hot days, in direct sunlight, balloons may pop within an hour. The same result can occur indoors if balloons are exposed to direct sunlight through windows. Very cool environments may cause helium molecules to shrink, reducing the size and float time of balloons. A constant breeze passing around a balloon will increase the speed at which helium molecules escape through the wall of the balloon, resulting in reduced float time. Keep balloons away from any type of breeze for maximum float time.
When latex balloons are first inflated, they will have a glossy surface. Some designs will be both glossy and translucent. This can be a temporary state. By the time they are delivered, or shortly thereafter, this glossy finish may have turned to a matte finish, and the translucent quality may become opaque. These changes are the result of oxidation, which occurs with certain meteorological conditions. This is normal, and there is no practical treatment that can prevent this transformation.
BALLOONS CAN BE SAFETY HAZARD. DO NOT BREATHE HELIUM FROM A BALLOON. HELIUM IS NOT TOXIC NOR FLAMMABLE BUT BREATHING IT CAN RESULT IN ASPHYXIATION (LOSS OF CONSCIOUSNESS DUE TO INSUFFICIENT OXYGEN). DO NOT RELEASE MYLAR (FOIL) BALLOONS OUTDOORS. POWER FAILURES CAN RESULT IF THESE BALLOONS BECOME ENTANGLED IN ELECTRIC LINES. POPPED LATEX BALLOONS PRESENT A CHOKING HAZARD FOR SMALL CHILDREN. DO NOT LEAVE SMALL CHILDREN UNACCOMPANIED WITH LATEX BALLOONS. OUR BALLOONS CONTAIN LATEX; DO NOT HANDLE BALLOONS IF YOU HAVE A LATEX ALLERGY.
- Prices and Payment Terms.
- Prices posted on the Site may be different from prices offered by us at our stores. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- The following terms may be used by us to communicate pricing information: (i) “MSRP” references the manufacturer’s suggested retail price; (ii) “Normal Price” references our normal price for a product or service; (iii) “Sale” refers to a reduced price for a product or service; and (iv) “Clearance” refers to a reduced price for a product or service that will be discontinued.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any products designated as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within [7] days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at shop@thesocialsociety.com before shipping your product.
- You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
- Refunds are processed within approximately [7] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer’s warranty (see Section 9) included with the product or as detailed in the product’s description on our Site.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture or control many of the products or services we offer. The availability of our products or services does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services we offer. However, the products and services we offer may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES WE OFFER PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, INCLUDING OUR OWN NEGLIGENCE OR GROSS NEGLIGENCE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED.
The limitation of liability set forth above shall only apply to the extent permitted by law.
- Release. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE The Social Society Inc., a Florida corporation, its affiliates and their respective owners, managers, directors, officers, employees, agents, and representatives, all for the purposes herein referred to as “releasees”, from all liability to you, your personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in your death, whether caused by the negligence of the releasees or otherwise in connection with any of the products and services of any of the releasees.
YOU HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise in connection with any of the products and services of any of the releasees.
You expressly acknowledge and agree that the products and services of Company involve the risk of serious injury and/or death and/or property damage. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
YOU HAVE READ AND VOLUNTARILY AGREE TO THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT CONTAINED HEREIN, and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Company for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services from the Company.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. The Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
- Dispute Resolution and Binding Arbitration.
- YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be conducted confidentially and under seal.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to shop@thesocialsociety.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to The Social Society Inc., 300 Pine Lake Drive, Suite E104, Ponte Vedra Beach, FL 32081. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. Our order confirmation, these Terms, the license agreement or waiver relating to any product or service you obtain from the Company [see Privacy Policy] will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.