TERMS & CONDITIONS
Last Revised: November 9, 2022
Welcome to the Party Positivity Website. If you continue to browse and use www.partypositivity.com, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern Party Positivity, LLC’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use this Website.
This agreement is in effect as of of November 9, 2022.
PAGE CONTENTS
I. DEFINITIONS
II. GENERAL
III. YOUR ORDER
IV. PRICE
V. PAYMENT
VI. DELIVERY OF PHYSICAL GOODS
VII. CANCELLATION
VIII. RETURNS AND EXCHANGES
IX. SUBSCRIPTION/REGISTRATION
X. OPT-IN AND OPT-OUT POLICY
XI. RESPONSIBLE USE AND CONDUCT
XII. LIMITATION OF WARRANTIES
XIII. INDEMNIFICATION
XIV. LIMITATION OF LIABILITY
XV. INTELLECTUAL PROPERTY
XVI. COPYRIGHT INFRINGEMENT
XVII. TERMINATION OF USE
XVIII. GOVERNING LAW
XIX. ARBITRATION
XX. NOTICES
XXI. FORCE MAJEURE
XXII. ENTIRE AGREEMENT
XXIII. SEVERABILITY
XXIV. WAIVER
I. DEFINITIONS
A. “Seller” or “Company”, Party Positivity, LLC, “us”, “our” and “we” are references to the owner of this Website, Party Positivity.
B. “Buyer”, “you”, “your” and “yourself” are references to the user or viewer of this Website and purchaser of the Goods from us.
C. “Goods” means any tangible or intangible products purchased or ordered either directly or indirectly through the Website.
D. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods on www.partypositivity.com which incorporates this User Agreement.
E. “User Agreement” or “Terms” means these Terms and Conditions.
F. “Website” or “Site” means the www.partypositivity.com Website and all related content and mobile applications.
G. “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Site.
II. GENERAL
This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases of Goods are governed by this User Agreement. The purchase of Goods through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website you agree that you will access the content solely for your personal and non-commercial use.
This User Agreement applies to the purchase of Goods from www.partypositivity.com only. Party Positivity Goods are for sale strictly to individuals 18 years of age and older (or, otherwise the age of majority in the state/region an individual resides in). If you are under age 18 (or, otherwise under the age of majority in the state/region you reside in), then do not use Party Positivity's Website and Goods. Misrepresentation of a Buyer's age is not the responsibility of the Seller.
III. YOUR ORDER
Please read the following carefully about placing an order for Goods on www.partypositivity.com:
A. In order to make purchases through the Website, the Buyer will be requested to register and/or provide personal details. In general, Buyer must provide their real Name, Phone Number, Email Address, Mailing Address, Billing Address, and other requested information as indicated.
B. When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
C. When an order is made online, the order confirmation issued by the Company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
D. All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer's order in the event, for example:
i) We are unable to obtain authorization for payment
ii) The item ordered is out of stock
iii) The order placed is incomplete or inaccurate due to technical or other reasons beyond our control
In such cases an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.
E. Acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.
F. The Website displays Goods, which form its collection. They are normally Goods that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly.
IV. PRICE
Prices for our Goods are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The prices of Goods (inclusive of any applicable shipping fees, sales taxes, and processing fees) displayed on the Website at the time the order is accepted will be honored. Prices are subject to change without notice.
From time to time, we may offer discounted or promotional rates on our Goods. You acknowledge that any discounts or promotions are only applicable if the discount or promotion is clearly set out as applicable on our Website.
V. PAYMENT
Payments for Goods must be made at the time the order is placed through this Website. Available payment methods may vary from time to time and region to region. In all cases, the Contract between Buyer and Seller will not be completed and delivery will not occur until we are satisfied that the payment has cleared. All Payments are exclusive of any taxes or duties imposed by your jurisdiction’s tax law. We will not be responsible for any taxes or duties owed by you.
We are not liable for any payments that are not completed because: (1) Your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) Your credit card has expired; or, (4) Of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All credit card transactions on the Website are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment.
VI. DELIVERY OF PHYSICAL GOODS
Please carefully review the following delivery guidelines before placing your order so you may choose the delivery option most suitable for you:
A. The Seller will give the Buyer an estimated delivery date for the Goods, but no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Generally, the daily order cutoff time is 12:00 PM Pacific Standard Time (PST). Hence, orders may take up to 2-7 business days for processing and fulfillment from when the order is placed.
B. The Seller will arrange for packing and shipping according to the method of delivery chosen by the Buyer during the checkout process.
C. Any risk of loss for the purchased Goods passes to the Buyer at the time the shipping carrier (i.e., USPS®, UPS®, Fedex®, etc.) takes possession of the Goods.
D. FedEx® and UPS® do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select accordingly, so that the package is not delayed and/or returned.
E. The Buyer must check the Goods immediately upon delivery and contact the Seller if there are any problems with the Goods. The Buyer must notify the Seller within 7 days of delivery to ensure prompt attention as completed orders are filed away daily.
F. In the case that the Goods have been damaged in transit, the Buyer must keep all packaging, as this may be required when making a claim.
G. The Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, epidemic/pandemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
VII. CANCELLATION
Items ordered from this Site are processed automatically and shipped out generally 24-48 hours from the time that the order was submitted via www.partypositivity.com. So orders CANNOT be canceled once submitted by the Buyer on our Website. Buyer should double check their order cart on our Website, prior to submission of order payment, to ensure all of their purchase details are accurate.
VIII. RETURNS AND EXCHANGES
All sales are final. As we, the Seller, are a small business entity, at this time, we are unable to process returns/refunds and exchanges. If there is a product defect, please contact us at debbie@partypositivity.com within 7 days of your order delivery date so we can address your matter.
IX. SUBSCRIPTION/REGISTRATION
To access the Website or the resources it offers, you may be asked to provide certain details or other information to us ("Subscription/Registration Details”), including but not limited to the following: Name, Phone Number, Email Address,, or Payment Information. You represent and warrant that all the Subscription/Registration Details that you may provide on the Website are correct, current, and complete. You agree that all Subscription/Registration Details you provide, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.partypositivity.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
X. OPT-IN OPT-OUT POLICY
Users of this Site may access, amend, or delete any data filled in on the Subscription/Registration form at any time, either by emailing us at debbie@partypositivity.com, or through writing to our mailing address at 1001 Wilshire Blvd., # 2150 Los Angeles, CA 90017. For more information on how we use, store, protect, and maintain your data, please review our Privacy Policy www.partypositivity.com/privacy-policy. We may from time to time contact you by email with information on new products, special discounts, or other information we believe may be of interest to you. Any email we send you will contain an easy unsubscribe link from all future email communications. Please see our Privacy Policy for more information.
XI. RESPONSIBLE USE AND CONDUCT
By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (1) The terms of this User Agreement, and (2) Applicable laws, regulations and generally accepted online practices or guidelines.
You hereby agree that:
A. Any warranty, express or implied, shall be voided by improper use.
B. In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the Subscription/Registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
C. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
D. Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
E. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
F. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
G. We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. that you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
iii) Contains any type of unauthorized or unsolicited advertising
iv) Impersonates any person or entity, including any Party Positivity employees or representatives
H. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
I. We do not assume any liability for any content posted by you or any other third-party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn't violate or infringe on any third-party intellectual property rights, becomes the property of Party Positivity, and the use of this property is subject to the terms defined in PAGE CONTENT "XVI. Intellectual Property". Notwithstanding the foregoing, our use, storage, protection, and maintenance of information provided as part of our Subscription/Registration process is governed by our Privacy Policy www.partypositivity.com/privacy-policy.
XII. LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Goods and Materials we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
A. The use of our Website and Materials will meet your needs or requirements.
B. The use of our Website and Materials will be uninterrupted, timely, secure or free from errors.
C. The information obtained by using our Website and Materials will be accurate or reliable.
D. Any defects in the operation or functionality of our Website and Materials will be repaired or corrected.
Furthermore, you understand and agree that:
E. Any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
F. No information or advice, whether expressed, implied, oral or written, obtained by you from Party Positivity or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
G. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE LIMITED PRODUCT WARRANTY, PARTY POSITIVITY, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR PARTY POSITIVITY GOODS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTY POSITIVITY OR THROUGH ANY PARTY POSITIVITY PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
H. PARTY POSITIVITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PARTY POSITIVITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
XIII. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Party Positivity and its parent Company and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties, and enforcement actions arising out of or in connection with: (1) Your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (2) Your violation of any term of this User Agreement; (3) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (4) Your violation of any applicable law, rule or regulation; (5) Any content that is submitted via your Subscription/Registration account including without limitation misleading, false, or inaccurate information; (6) Your willful misconduct; or, (7) Any other party’s access and use of the Website with your Subscription/Registration account or other appropriate security code.
XIV. LIMITATION OF LIABILITY
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF GOODS AND/OR MATERIALS. PARTY POSITIVITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR GOODS AND MATERIALS, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
XV. INTELLECTUAL PROPERTY
Limited License. You acknowledge and agree that the content on our Website and our Materials or resources relating to the content on our Website and our Materials are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access to the content on our Website and our Materials. This limited license is only for your personal, non-commercial use. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content on our Website and our Materials, without our express prior written consent. In the event that you are licensed or otherwise authorized to use the content on our Website and our Materials, you agree to name us as your source of information and cite our Website and Materials.
Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Website and Materials, which may include the use of your name and likeness in connection with using our Website and Materials. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization, any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.
Intellectual Property Enforcement. Our Website and Materials are protected by applicable copyright, trademark law, and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Services and Materials to enforce our intellectual property rights.
XVI. COPYRIGHT INFRINGEMENT
If you believe that any of our Website content violates your copyright, please see our Copyright Policy outlined below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate these infringements of copyright.
Copyright Policy. We ask for your cooperation in protecting intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to debbie@partypositivity.com or written documents to the address of the Designated Agent below that include the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
2. A description of the copyrighted work that you claim has been infringed
3. A description of where the material that you claim is infringing is located on the Site
4. Your mailing address, telephone number, and email address
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (our Designated Agent for notice of claims of copyright infringement is: Dana Fang, 2520 Venture Oaks Way, Suite 120, Sacramento, CA 95833).
Under the appropriate circumstances, it is our policy to remove and/or to disable access from our Site to webpages of infringers, to terminate subscribers/account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”
XVII. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
XVIII. GOVERNING LAW
This Website is controlled by Party Positivity from our office located in Los Angeles, U.S. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, U.S., by accessing our Website, you agree that the statutes and laws of California, U.S., without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, U.S. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
XIX. ARBITRATION
In the event of any dispute with Party Positivity, you agree to first contact us via email at debbie@partypositivity.com and attempt to resolve the dispute with us informally. In the unlikely event that Party Positivity has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Los Angeles, in accordance with the American Arbitration Association® ; and, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, you and Party Positivity agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.
Nothing in this section shall be deemed as preventing Party Positivity from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights. or other proprietary rights.
XX. NOTICES
Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by registered mail, or by overnight courier addressed to our Designated Agent (Dana Fang, 2520 Venture Oaks Way, Suite 120, Sacramento, CA 95833). Any notice will be considered to have been given when personally delivered or five business days after the date of mailing or one business day after the date of forwarding if sent by facsimile or overnight courier.
XXI. FORCE MAJEURE
Party Positivity is not responsible for delays or failures to perform its responsibilities under this User Agreement due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.
XXII. ENTIRE AGREEMENT
This User Agreement and the Privacy Policy constitutes the entire and exclusive understanding and agreement between Party Positivity and you.
XXIII. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.
XXIV. WAIVER
No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.
Welcome to the Party Positivity Website. If you continue to browse and use www.partypositivity.com, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern Party Positivity, LLC’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use this Website.
This agreement is in effect as of of November 9, 2022.
PAGE CONTENTS
I. DEFINITIONS
II. GENERAL
III. YOUR ORDER
IV. PRICE
V. PAYMENT
VI. DELIVERY OF PHYSICAL GOODS
VII. CANCELLATION
VIII. RETURNS AND EXCHANGES
IX. SUBSCRIPTION/REGISTRATION
X. OPT-IN AND OPT-OUT POLICY
XI. RESPONSIBLE USE AND CONDUCT
XII. LIMITATION OF WARRANTIES
XIII. INDEMNIFICATION
XIV. LIMITATION OF LIABILITY
XV. INTELLECTUAL PROPERTY
XVI. COPYRIGHT INFRINGEMENT
XVII. TERMINATION OF USE
XVIII. GOVERNING LAW
XIX. ARBITRATION
XX. NOTICES
XXI. FORCE MAJEURE
XXII. ENTIRE AGREEMENT
XXIII. SEVERABILITY
XXIV. WAIVER
I. DEFINITIONS
A. “Seller” or “Company”, Party Positivity, LLC, “us”, “our” and “we” are references to the owner of this Website, Party Positivity.
B. “Buyer”, “you”, “your” and “yourself” are references to the user or viewer of this Website and purchaser of the Goods from us.
C. “Goods” means any tangible or intangible products purchased or ordered either directly or indirectly through the Website.
D. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods on www.partypositivity.com which incorporates this User Agreement.
E. “User Agreement” or “Terms” means these Terms and Conditions.
F. “Website” or “Site” means the www.partypositivity.com Website and all related content and mobile applications.
G. “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Site.
II. GENERAL
This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases of Goods are governed by this User Agreement. The purchase of Goods through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website you agree that you will access the content solely for your personal and non-commercial use.
This User Agreement applies to the purchase of Goods from www.partypositivity.com only. Party Positivity Goods are for sale strictly to individuals 18 years of age and older (or, otherwise the age of majority in the state/region an individual resides in). If you are under age 18 (or, otherwise under the age of majority in the state/region you reside in), then do not use Party Positivity's Website and Goods. Misrepresentation of a Buyer's age is not the responsibility of the Seller.
III. YOUR ORDER
Please read the following carefully about placing an order for Goods on www.partypositivity.com:
A. In order to make purchases through the Website, the Buyer will be requested to register and/or provide personal details. In general, Buyer must provide their real Name, Phone Number, Email Address, Mailing Address, Billing Address, and other requested information as indicated.
B. When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
C. When an order is made online, the order confirmation issued by the Company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
D. All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer's order in the event, for example:
i) We are unable to obtain authorization for payment
ii) The item ordered is out of stock
iii) The order placed is incomplete or inaccurate due to technical or other reasons beyond our control
In such cases an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.
E. Acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.
F. The Website displays Goods, which form its collection. They are normally Goods that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly.
IV. PRICE
Prices for our Goods are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The prices of Goods (inclusive of any applicable shipping fees, sales taxes, and processing fees) displayed on the Website at the time the order is accepted will be honored. Prices are subject to change without notice.
From time to time, we may offer discounted or promotional rates on our Goods. You acknowledge that any discounts or promotions are only applicable if the discount or promotion is clearly set out as applicable on our Website.
V. PAYMENT
Payments for Goods must be made at the time the order is placed through this Website. Available payment methods may vary from time to time and region to region. In all cases, the Contract between Buyer and Seller will not be completed and delivery will not occur until we are satisfied that the payment has cleared. All Payments are exclusive of any taxes or duties imposed by your jurisdiction’s tax law. We will not be responsible for any taxes or duties owed by you.
We are not liable for any payments that are not completed because: (1) Your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) Your credit card has expired; or, (4) Of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All credit card transactions on the Website are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment.
VI. DELIVERY OF PHYSICAL GOODS
Please carefully review the following delivery guidelines before placing your order so you may choose the delivery option most suitable for you:
A. The Seller will give the Buyer an estimated delivery date for the Goods, but no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Generally, the daily order cutoff time is 12:00 PM Pacific Standard Time (PST). Hence, orders may take up to 2-7 business days for processing and fulfillment from when the order is placed.
B. The Seller will arrange for packing and shipping according to the method of delivery chosen by the Buyer during the checkout process.
C. Any risk of loss for the purchased Goods passes to the Buyer at the time the shipping carrier (i.e., USPS®, UPS®, Fedex®, etc.) takes possession of the Goods.
D. FedEx® and UPS® do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select accordingly, so that the package is not delayed and/or returned.
E. The Buyer must check the Goods immediately upon delivery and contact the Seller if there are any problems with the Goods. The Buyer must notify the Seller within 7 days of delivery to ensure prompt attention as completed orders are filed away daily.
F. In the case that the Goods have been damaged in transit, the Buyer must keep all packaging, as this may be required when making a claim.
G. The Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, epidemic/pandemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
VII. CANCELLATION
Items ordered from this Site are processed automatically and shipped out generally 24-48 hours from the time that the order was submitted via www.partypositivity.com. So orders CANNOT be canceled once submitted by the Buyer on our Website. Buyer should double check their order cart on our Website, prior to submission of order payment, to ensure all of their purchase details are accurate.
VIII. RETURNS AND EXCHANGES
All sales are final. As we, the Seller, are a small business entity, at this time, we are unable to process returns/refunds and exchanges. If there is a product defect, please contact us at debbie@partypositivity.com within 7 days of your order delivery date so we can address your matter.
IX. SUBSCRIPTION/REGISTRATION
To access the Website or the resources it offers, you may be asked to provide certain details or other information to us ("Subscription/Registration Details”), including but not limited to the following: Name, Phone Number, Email Address,, or Payment Information. You represent and warrant that all the Subscription/Registration Details that you may provide on the Website are correct, current, and complete. You agree that all Subscription/Registration Details you provide, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.partypositivity.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
X. OPT-IN OPT-OUT POLICY
Users of this Site may access, amend, or delete any data filled in on the Subscription/Registration form at any time, either by emailing us at debbie@partypositivity.com, or through writing to our mailing address at 1001 Wilshire Blvd., # 2150 Los Angeles, CA 90017. For more information on how we use, store, protect, and maintain your data, please review our Privacy Policy www.partypositivity.com/privacy-policy. We may from time to time contact you by email with information on new products, special discounts, or other information we believe may be of interest to you. Any email we send you will contain an easy unsubscribe link from all future email communications. Please see our Privacy Policy for more information.
XI. RESPONSIBLE USE AND CONDUCT
By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (1) The terms of this User Agreement, and (2) Applicable laws, regulations and generally accepted online practices or guidelines.
You hereby agree that:
A. Any warranty, express or implied, shall be voided by improper use.
B. In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the Subscription/Registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
C. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
D. Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
E. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
F. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
G. We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. that you understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
iii) Contains any type of unauthorized or unsolicited advertising
iv) Impersonates any person or entity, including any Party Positivity employees or representatives
H. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
I. We do not assume any liability for any content posted by you or any other third-party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn't violate or infringe on any third-party intellectual property rights, becomes the property of Party Positivity, and the use of this property is subject to the terms defined in PAGE CONTENT "XVI. Intellectual Property". Notwithstanding the foregoing, our use, storage, protection, and maintenance of information provided as part of our Subscription/Registration process is governed by our Privacy Policy www.partypositivity.com/privacy-policy.
XII. LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Goods and Materials we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
A. The use of our Website and Materials will meet your needs or requirements.
B. The use of our Website and Materials will be uninterrupted, timely, secure or free from errors.
C. The information obtained by using our Website and Materials will be accurate or reliable.
D. Any defects in the operation or functionality of our Website and Materials will be repaired or corrected.
Furthermore, you understand and agree that:
E. Any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
F. No information or advice, whether expressed, implied, oral or written, obtained by you from Party Positivity or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
G. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE LIMITED PRODUCT WARRANTY, PARTY POSITIVITY, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR PARTY POSITIVITY GOODS OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTY POSITIVITY OR THROUGH ANY PARTY POSITIVITY PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
H. PARTY POSITIVITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PARTY POSITIVITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
XIII. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Party Positivity and its parent Company and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties, and enforcement actions arising out of or in connection with: (1) Your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (2) Your violation of any term of this User Agreement; (3) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (4) Your violation of any applicable law, rule or regulation; (5) Any content that is submitted via your Subscription/Registration account including without limitation misleading, false, or inaccurate information; (6) Your willful misconduct; or, (7) Any other party’s access and use of the Website with your Subscription/Registration account or other appropriate security code.
XIV. LIMITATION OF LIABILITY
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF GOODS AND/OR MATERIALS. PARTY POSITIVITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR GOODS AND MATERIALS, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
XV. INTELLECTUAL PROPERTY
Limited License. You acknowledge and agree that the content on our Website and our Materials or resources relating to the content on our Website and our Materials are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access to the content on our Website and our Materials. This limited license is only for your personal, non-commercial use. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content on our Website and our Materials, without our express prior written consent. In the event that you are licensed or otherwise authorized to use the content on our Website and our Materials, you agree to name us as your source of information and cite our Website and Materials.
Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Website and Materials, which may include the use of your name and likeness in connection with using our Website and Materials. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization, any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.
Intellectual Property Enforcement. Our Website and Materials are protected by applicable copyright, trademark law, and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Services and Materials to enforce our intellectual property rights.
XVI. COPYRIGHT INFRINGEMENT
If you believe that any of our Website content violates your copyright, please see our Copyright Policy outlined below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate these infringements of copyright.
Copyright Policy. We ask for your cooperation in protecting intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to debbie@partypositivity.com or written documents to the address of the Designated Agent below that include the following information:
1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
2. A description of the copyrighted work that you claim has been infringed
3. A description of where the material that you claim is infringing is located on the Site
4. Your mailing address, telephone number, and email address
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (our Designated Agent for notice of claims of copyright infringement is: Dana Fang, 2520 Venture Oaks Way, Suite 120, Sacramento, CA 95833).
Under the appropriate circumstances, it is our policy to remove and/or to disable access from our Site to webpages of infringers, to terminate subscribers/account holders who infringe, and to remove and/or to disable access from us to webpages as to which there have been steps taken for the purpose of affecting our search results such as adding inappropriate “meta-tags.”
XVII. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
XVIII. GOVERNING LAW
This Website is controlled by Party Positivity from our office located in Los Angeles, U.S. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, U.S., by accessing our Website, you agree that the statutes and laws of California, U.S., without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, U.S. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
XIX. ARBITRATION
In the event of any dispute with Party Positivity, you agree to first contact us via email at debbie@partypositivity.com and attempt to resolve the dispute with us informally. In the unlikely event that Party Positivity has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Los Angeles, in accordance with the American Arbitration Association® ; and, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, you and Party Positivity agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.
Nothing in this section shall be deemed as preventing Party Positivity from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights. or other proprietary rights.
XX. NOTICES
Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by registered mail, or by overnight courier addressed to our Designated Agent (Dana Fang, 2520 Venture Oaks Way, Suite 120, Sacramento, CA 95833). Any notice will be considered to have been given when personally delivered or five business days after the date of mailing or one business day after the date of forwarding if sent by facsimile or overnight courier.
XXI. FORCE MAJEURE
Party Positivity is not responsible for delays or failures to perform its responsibilities under this User Agreement due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.
XXII. ENTIRE AGREEMENT
This User Agreement and the Privacy Policy constitutes the entire and exclusive understanding and agreement between Party Positivity and you.
XXIII. SEVERABILITY
The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.
XXIV. WAIVER
No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.
