CREATIVE LAB TERMS OF SERVICE
UPDATED AUGUST 2020
The following Terms of Service (the “Terms” or the “Agreement”) is a legal agreement between you (“you” or “your”) and Creative Lab Agency, Inc, a Florida for profit corporation, with corporate offices at 1297 NE 103rd Street, Miami Shores, Florida 33138 (“CLA,” “we,” “us,” or “our”), establishing terms and conditions under which you will access and use the CLA website at www.creativelab.events (the “Site”), and related services, including CLA’s product rental services (together with the Site and the CLA Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
NOTICE OF AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
1. ABOUT THE SERVICES
a. Introduction. Through the Services, we aim to give you access to specialty curated table and event accessories as per selected items.
b. Eligibility. Children under 18 years of age may use the Site under the supervision of parents or legal guardians who agrees to be bound by these Terms on their behalf, but such children may not rent any table scapes or event accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child under the age of 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
c. Modification of the Services or the Terms. CLA may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, CLA will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to CLA upon registration.
2. RENTAL OF PRODUCTS
a. General Conditions. The Services include the rental of Products. This Section 2(a) sets out terms and conditions that apply to your rental of any Product.
i. Authorization. By agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
ii. Limits. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
iii. Delivery. Your Products may be ordered up to ten (10) days ahead of your requested delivery date , subject to availability. All deliveries will be through CLA’s delivery partners, which may change from time to time at CLA’s discretion. The shipping method used will be at the discretion of CLA.
iv. Collections. If you do not pay the amounts you owe to CLA when due, then CLA may, at its sole discretion, institute collection procedures. You agree to pay CLA’s costs of collection, including without limitation reasonable attorneys’ fees.
v. Communications. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing firstname.lastname@example.org . You acknowledge that opting out of receiving communications may impact your use of the Services.
b. Rentals. The following additional conditions apply to the rental of any Product.
i. Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize CLA to charge your payment card for the Rental Fee. CLA will charge your payment card the amount of the Rental Fee immediately upon your rental order. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by CLA, shall be paid by you to CLA in connection with your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize CLA to charge your payment card for an amount equal to 100% of the fair market value of the Product, as determined in CLA’s sole and reasonable discretion (the “Fair Market Value”), plus applicable sales taxes; factors utilized by CLA in determining the Fair Market Value of a Product shall include, but is not limited to, the Product’s retail value, its age, and its physical condition.
ii. Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies:
(1) If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
(2) If you cancel less than thirty (30) days but more than ten (10) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your CLA account for the Rental Fee associated with the cancelled order. This credit can be applied to any future CLA rental.
(3) If you cancel ten (10) or fewer days in advance of the delivery date, you will receive a credit to your CLA account for the Rental Fee associated with the cancelled order, minus a cancellation fee of Fifty Percent (50%) of your total order.
iii. Return Packaging. With delivery of the Product, CLA will provide you with a pre-paid, pre-addressed CLA carrying case or mailing envelope, as determined at CLA’s sole discretion, as well as instructions for your use in returning the Products to CLA (“Return Packaging”). The CLA carrying case is not yours to keep. If the CLA carrying case is not returned with your Product, you will be charged a $450 fee (details below under “Lost Return Packaging”).
iv. Receipt of The Products. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in Miami by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of checkout. You acknowledge that a Secure Shipping Address is required. A Secure Shipping Address means a location where an individual can physically receive Product(s) and an individual is available to sign for a package. In the event that an un-secure shipping address is provided, CLA does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which CLA will not be liable. You will be liable for all such delays and additional delivery fees.
v. Use of The Products. You agree to treat the Products with great care and return them in the same condition as they were delivered to you. You are responsible for loss, destruction or damage to the Products due to theft, disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our sole discretion, up to 100% of the Fair Market Value for the Product.
vi. Return of The Products; Extensions. You agree to return the Products to CLA in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product by emailing email@example.com ; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. We are not responsible for any personal or other items left in the Products or which are returned to CLA in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
vii. Late Fees. If you return the Products late, a late fee equal to the Rental Fee will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to CLA for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Fair Market Value of the Product plus applicable sales tax. If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and CLA will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
viii. Payment Of 100% Fair Market Value. If you pay CLA an amount equal to 100% of the Fair Market Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind.
ix. Lost Return Packaging. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, via insured UPS Shipping, and providing CLA with a tracking number. Also, if you lose or fail to return the CLA carrying case you will be charged $450. If you still possess the CLA carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind.
x. Limited Warranties. The following are the limited warranties CLA provides in connection with Product rentals. CLA’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by CLA. See Section 7(A) below.
(1) Correct Products. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that your order may be cancelled and your rental fee and delivery charges refunded; an email will be sent to your address on file advising you of same.
(2) Clean And Ready To Use. The Products will be professionally cleaned and delivered ready to use. CLA washes and inspects each Product with the utmost care, but use of the Product is at your own risk and CLA shall not be held liable for any health-related complaints associated with any Product.
3. USE OF THE SERVICES
a. CLA Content.
i. Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from CLA staff and event planners, and photos and comments from other users (“CLA Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The CLA Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any CLA Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the CLA Content.
ii. Updates. We may update the CLA Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to . We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
iii. Third Party Content. The Services may contain links or references to non-CLA websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and CLA is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from CLA, and CLA has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that CLA endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
b. Acceptable Use Policy
i. Use Of CLA Content. No part of the Services, including the CLA Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that CLA authorizes you to view, copy, download, and print CLA Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the CLA Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the CLA Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the CLA Content.
ii .Use Of The Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which CLA considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a CLA representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
iii. Indemnification For Breach. By using the Services, you agree to indemnify, hold harmless and defend CLA and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
c. Your Account. Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify CLA promptly of any unauthorized use of your account or password.
d. Delays. There may be delays, omissions, or inaccuracies in the Services, including the CLA Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
4. INTELLECTUAL PROPERTY
a. Ownership of the Services. The Services, including the CLA Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of CLA, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. CLA is a trademark of CLA, LLC, under the applicable laws of the United States and/or other countries. All other product names are trademarks or registered trademarks of their respective owners. CLA reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the CLA trademark, Services or any CLA Content, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of CLA.
b. Services License. Subject to your compliance with these Terms, CLA grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
c. Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that CLA may use your Feedback without restriction or obligation to you or any third party.
a. Termination By You. You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at .
b. Termination By CLA. Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services. CLA may also terminate your account if CLA determines that your conduct poses a risk or liability to CLA, or for any other reason as determined by CLA in its sole discretion.
c. Effects of Termination. In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provisions.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. Limited Warranties. The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by CLA in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and CLA’s sole and exclusive liability for a breach by CLA of the limited warranties set out in Section 2(B) shall be, at CLA’s option, CLA’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
b. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, CLA DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE CLA CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
c. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CLA BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF CLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER. This Section 8 includes an arbitration agreement and an agreement that all claims will be brought in arbitration and only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
a. Informal Process First. Both you and CLA agree that in the event of any dispute between us, you and CLA will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
b. Mandatory Arbitration of Disputes. All disputes between you and CLA will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of CLA or you, shall be resolved by mandatory and binding arbitration submitted to AAA in accordance with its Commercial Arbitration Rules at the request of either CLA or you pursuant to the following conditions:
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CLA OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CLA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS, MASS ACTION, OR ON A CONSOLIDATED OR REPRESENTATIVE BASIS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Miami-Dade County. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
a. Jurisdictional Issues. CLA makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available by the appropriate regulatory authorities in your country. Such references do not imply that CLA intends to announce or make available such products or services to the general public, or in your country. Contact CLA at email@example.com to determine which products and services may be available to you.
b. Export Laws. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the CLA Content, or any part thereof, in any way, in violation of United States law.
c. Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law.
d. Entire Agreement. These Terms are the entire agreement between you and CLA relating to the subject matter herein and shall not be modified except by CLA in accordance with these Terms, or as otherwise agreed in writing by you and CLA. No employee, agent or other representative of CLA has any authority to bind CLA with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
e. Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
f. Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. CLA may assign these Terms at any time without notice to you.
g. Force Majeure. CLA will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond CLA’s reasonable control.
h. Contact Information. Please send any questions or comments, or report violations of these Terms, to CLA at firstname.lastname@example.org .