Terms of Use – PRETTYPARTY

Terms of Use

OVERVIEW 

This website is operated by PRETTYPARTY, LLC (“Pretty Party”). Throughout the site, the terms “we”, “us” and “our” refer to Pretty Party. Pretty Party offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  References herein to our “website” or our “site”, to matters contained or referenced “herein”, and similar references include any related mobile application published or maintained by us. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new pages, products, features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state, province, region, or country of residence, as applicable, and that you have given the consent of any of your minor dependents to use this site, or that if you are not of the age of majority you have obtained the consent of your parent or guardian to allow you to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

 A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information, images or videos made available on this site are not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. In addition, certain of the material on our site is created or provided by users or other third parties, and any such material, including without limitation the accuracy, completeness, and timeliness thereof, is necessarily not generated, controlled, or verified by us.  Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices, discounts, promotions, offers, product shipping charges, and other terms of the purchase for and of our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your phone’s, tablet’s, or computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, reviews, photos, videos, or other materials, whether online, by email, by direct message, by text, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium anywhere in the world any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, inaccurate, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service, as we determine in our judgment and sole discretion.  We also may, but have no obligation to, edit, remove, prioritize, deprioritize, emphasize, deemphasize, or determine the order of display of comments or other content, including without limitation reviews, in our judgment and sole discretion. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click HERE

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, discounts, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  In addition, we may limit the ability to apply more than one advertised or available discount or promotion to a single product or a single purchase, whether or not we publish or provide any notice of such limitation. 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false, inaccurate, or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Pretty Party, our directors, officers, employees, affiliates, direct and indirect controlling persons, agents, contractors, subcontractors, interns, suppliers, service providers or licensors, or the successors, heirs, or assigns of any of them (each, a “Releasee” and together the “Releasees”) be liable for any injury, loss, cost, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, equity, or otherwise (collectively, “Liabilities”), arising out of, based upon, or in connection with your use of our site or the Service or any products purchased or procured using the Service, or for any other claim or action related in any way to your use of the Service or any product, or any communication from or with any Releasee, whether through the site or otherwise, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service or via any other means of communication, even if advised of their possibility. By your use of the site and the Service and your purchase of a product, you irrevocably agree to forever waive, release and relinquish (i) any claim, action, suit, proceeding, demand, arbitration, or complaint against any Releasee involving or arising from any Liability referred to in the preceding sentence, and (ii) all such Liabilities to the extent involving any Releasee.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our Liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless each Releasee from any Liability, including without limitation reasonable attorneys’ fees and expenses, arising out of, based upon, or in connection with any threatened or actual claim, action, suit, proceeding, demand, arbitration, or complaint threatened, asserted, or brought by any third-party directly or indirectly caused by, resulting from,  or arising out of your breach or violation of these Terms of Service or the documents they incorporate by reference or your violation of any law, regulation, or ordinance or the rights of a third-party. 

SECTION 15 – ARBITRATION; NO CLASS ACTION

ANY LEGAL ACTION, CONTROVERSY, SUIT, OR CLAIM ARISING OUT OF OR RELATING TO THE SITE, THE SERVICE, OUR PRODUCTS, ANY AGREEMENT OR RELATIONSHIP BETWEEN YOU OR PRETTYPARTY, THE ENFORCEMENT OF ANY PROVISION OF THESE TERMS BY YOU OR PRETTYPARTY, ANY COMMUNICATION BY OR BETWEEN YOU AND ANY RELEASEE, OR ANY ACT OR OMISSION BY, OR SERVICE PERFORMED BY, YOU OR ANY RELEASEE WILL BE DETERMINED SOLELY BY ARBITRATION ADMINISTERED BY JAMS LLC IN ACCORDANCE WITH ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. YOU AND PRETTY PARTY EACH HEREBY IRREVOCABLY RELINQUISH AND WAIVE THE RIGHT TO SEEK REMEDIES IN COURT OR BEFORE ANY REGULATORY OR ADMINISTRATIVE BODY, INCLUDING THE RIGHT TO TRIAL IN COURT OR BY OR BEFORE ANY JURY, JUDGE, JUDICIAL TRIBUNAL, OR GOVERNMENTAL OR REGULATORY AGENCY OR BODY.  YOU AND PRETTY PARTY EACH ALSO AGREE TO PURSUE ANY LEGAL ACTION, CONTROVERSY, CLAIM, SUIT, OR PROCEEDING, INCLUDING WITHOUT LIMITATION ARBITRATION, ONLY IN AN INDIVIDUAL ACTION AND NOT AS A PARTICIPANT IN, OR AS A PART OF, ANY CLASS ACTION, JOINT PROCEEDING, OR SIMILAR COLLECTIVE PROCEEDING OR ACTION. YOU AND PRETTY PARTY EACH ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT: (A) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS, (B) THE ARBITRATORS’ AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED, AND (C) THE AWARD OF THE ARBITRATORS OR THE MAJORITY OF THEM WILL BE FINAL AND BINDING ON EACH PARTY, AND JUDGMENT ON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.  THE ARBITRATORS SHALL BE INSTRUCTED TO RENDER A DECISION IN WRITING AND TO AWARD THE PREVAILING PARTY IN SUCH ARBITRATION SUCH PARTY’S COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION FEES AND EXPENSES OF COUNSEL, INCURRED IN CONNECTION WITH SUCH ARBITRATION (SUBJECT TO THE PROVISIONS OF THE INDEMNITY PROVISION IN SECTION 14 ABOVE). 

SECTION 16 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, but such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - TERMINATION 

Subject to the following paragraph, these Terms of Service are effective unless and until terminated by either you or us. We may terminate these Terms of Service at any time by notifying you directly or by publicly posting or making available a notice of termination, including without limitation on our site.  You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and by discontinuing your use of our site; provided, however, that (i) such termination shall not be effective, and these Terms of Service shall continue to apply regardless of your notification, if and to the extent that you continue to visit or use our site or use our Services; and (ii) any termination by you of these Terms of Service shall be subject to the following paragraph. 

The obligations, liabilities, rights, and remedies of the parties arising, applying, accruing, or incurred prior to the termination date shall survive the termination of this agreement for all purposes.  Any term or provision of this agreement that by its nature survives or applies following such termination, including without limitation Sections 13, 14 and 15 above, shall survive termination and apply to the maximum extent and to the latest time permitted by law. 

If in our sole judgment you fail, or we suspect that you have failed, to comply in full with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts owed, obligations, and Liabilities arising, accruing, or incurred up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 18 - NO WAIVER; ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  No such waiver shall be effective unless set forth in writing, referring to these Terms and Conditions, and executed by us.  No waiver of any particular right or provision of these Terms and Conditions in any particular instance shall affect the other rights or provisions of these Terms and Conditions or any other instance. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the site and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 19 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America. 

SECTION 20 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 21 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at

info@prettyparty.com.

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