Terms and Conditions

Terms of Use

     

The use of this Web site is subject to the following Terms of Use. The Terms of Use also include terms applicable to purchase of any products, goods or services through this Web site:

  • The content of the pages of this Web site is for your general information and use only. It is subject to change without notice. The Web site may not be used for unlawful or commercial purposes. You may use the Web site only as expressly permitted in these Terms of Use and subject to all applicable laws. Unauthorized use of this Web site may give rise to a claim for damages and/or be a criminal offence.
  • Your use of any information or materials on this Web site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Web site meet your specific requirements.
  • The Web site and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of Party411.com.
  • This Web site (including all content) is the property of Party411.com and/or others, and is protected by U.S. and international copyright, trademark and other laws. Your use of the Web site does not transfer to you any ownership or other rights in the Web site or its content.
  • If you set up an account with a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify Party411.com by e-mail or telephone as set forth in the Privacy Policy of Party411.com.
  • If you provide us with any unsolicited ideas or suggestions, or post any content on our Web site, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to these Terms of Use), and (ii) grant to Party411.com, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sublicensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Party411.com or its successors, assigns and licensees.
  • From time to time this Web site may also include links to other Web sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Web site(s). We have no responsibility for the content of the linked Web site(s).
  • You represent and warrant that all information you provide to Party411.com through this Web site, including payment information and transaction-related information, is true, accurate and complete.
  • Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may occur. Party411.com does not guarantee that products and services advertised on our Web site will be available when ordered or thereafter. Party411.com makes no warranty that the content of the Web site, including product descriptions or photographs, is accurate or complete. If we discover that a product’s price, description or specifications are misstated or incorrect, we will attempt to correct the error on our Web site as soon as possible.
  • Party411.com may at any time, without any prior notice or liability to any Web site user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Web site, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Web site content; and (c) limit quantities available for sale. We reserve the right at any time to limit, reject or correct any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Web site, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
  • The advertisements on the Web site are invitations to you to make offers to purchase products and services on the Web site and are not offers to sell. All prices and other amounts appearing on the Web site are quoted in US dollars.
  • Party411™, the Party411 logo and other names and logos that are used on our Web site (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Party411.com or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms of Use) is prohibited. Nothing in this Web site shall grant, or is intended to grant, any license or right to use any of the Marks.
  • Linking to the Web site without the prior written permission of Party411.com is prohibited. Party411.com may, in its sole discretion, deny or revoke any permission it may give to link to our Web site at any time and without any notice or liability.
  • The framing, mirroring, scraping or data-mining of this Web site or any of its content in any form and by any means is prohibited. You may not use any display technologies to post comments or any other information of any kind to or on our Web site that would be visible to any other users, except in connection with the use of our public forums or other Web site locations intended for such comments.
  • Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and ship the ordered items, and your order will be subject to these Terms of Use and any additional terms and conditions we may include or publish as being applicable to your order before or at the time you place your order. Custom products are not refundable.
  • If you wish to cancel an order, and we are not able to receive and process your cancellation request before we accept or ship your order, your cancellation request may not be effective.
  • Delivery is subject to warehouse availability. Out-of-stock items will be shipped as soon as possible, upon arrival from the manufacturer/provider. Please take shipping time into consideration.
  • If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).
  • DISCLAIMERS AND LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY:
    • CUSTOM SERVICES, GOODS OR ARTWORK ARE PRODUCED OR DELIVERED BASED ON THE INFORMATION AND MATERIALS YOU PROVIDE TO US, AND BECAUSE OF THE PROBLEMS EXPERIENCED IN COMMUNICATING WITH CUSTOMERS AND ATTEMPTING TO USE CUSTOMER-PROVIDED GRAPHICS, PHOTOS AND OTHER MATERIALS, WE CANNOT PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO ORDERS OF CUSTOM PRODUCTS OR SERVICES OF ANY KIND. ALL CUSTOM PRODUCTS AND SERVICES ARE PROVIDED AND SOLD WITHOUT WARRANTY, "AS-IS" AND "WITH ALL FAULTS." YOU ARE SOLELY RESPONSIBLE FOR ANY ERRORS OR MISTAKES THAT OCCUR WITH RESPECT TO ORDERS FOR CUSTOM PRODUCTS OR SERVICES, EXCEPT IF CAUSED SOLELY BY OUR GROSS NEGLIGENCE.
    • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY PARTY411.COM TO THE FULLEST EXTENT PERMITTED BY LAW.
    • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTY411.COM AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEB SITE OR THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY PARTY411.COM OR ANY PERSON FOR WHOM PARTY411.COM IS RESPONSIBLE, AND EVEN IF PARTY411.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
    • THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
  • Party411.com collects, uses and discloses personal information in accordance with its Privacy Policy. You can review our Privacy Policy by clicking here [insert link]. By accepting these Terms of Use and each time you use the Web site and/or make any purchase through the Web site, you consent to be bound by these Terms of Use and to Party411.com's collection, use and disclosure of any personal information you have provided in accordance with our Privacy Policy as it then reads.
  • THESE TERMS OF USE, YOUR ACCESS TO AND USE OF THE WEB SITE, AND ALL RELATED MATTERS ARE GOVERNED SOLELY BY THE LAWS OF THE UNITED STATES AND THE STATE OF OHIO. ANY DISPUTE BETWEEN YOU AND PARTY411.COM OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO THE WEB SITE, THESE TERMS OF USE, OR ANY RELATED MATTERS ("DISPUTES") WILL BE RESOLVED EXCLUSIVELY BEFORE THE COURTS OF OHIO, SITTING IN THE CITY OF CLEVELAND, AND YOU HEREBY IRREVOCABLY SUBMIT TO THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THOSE COURTS AND SUCH VENUE IN RESPECT OF ALL DISPUTES. IF PARTY411 IS THE SUBSTANTIALLY PREVAILING PARTY IN SUCH DISPUTE, PARTY411 SHALL BE ENTITLED TO BE AWARDED ALL OF ITS ATTORNEYS' FEES AND COSTS INCURRED IN CONNECTION WITH SUCH MATTER OR LITIGATION.
  • If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
  • These Terms are to the benefit of and are binding upon each of Party411.com and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Party411.com may assign its rights and obligations under these Terms of Use without your consent.
  • No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
  • Any rights not expressly granted by these Terms of Use are reserved to Party411.com.