Terms of Use!
Terms and conditions for the use of howtobeapartygoddess.com website and the purchase of goods or services from howtobeapartygoddess.com, a division of The Party Goddess!
Effective December 31, 2008
By purchasing goods or services from us online or otherwise using or viewing howtobeapartygoddess.com websites (collectively, the “Services”), you are agreeing to comply with and be bound by all of the following terms of use (the “Terms of Use”). Please review the following terms and do not use our online services if you do not accept all of these terms. In the Terms of Use, the terms “The Party Goddess!”, “us”, and “our” refer to howtobeapartygoddess.com, a division of The Party Goddess! The terms “you” and “your” refer to the purchaser or user of the Services.
1. Acceptance of Agreement
You agree to all of the terms and conditions set forth in this Terms of Use web page (this “Agreement”). This Agreement constitutes the entire and only agreement between The Party Goddess! and you regarding the Services, and it supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services. This Agreement may be amended at any time by The Party Goddess! without specific notice to you. The latest Agreement will be posted on howtobeapartygoddess.com website, and you should review this Agreement prior to using the Services.
2. General Information about Intellectual Property Products
Among the products offered by The Party Goddess! are certain sample legal agreements (“Intellectual Property Products”). If you “purchase” any Intellectual Property Product from us, the Party Goddess! will not transfer to you title to any copy, or original, of the product. Instead, you will have purchased a nontransferable license to modify or finalize the product for use by you in your own personal legal transactions. All Intellectual Property Products are provided on a nonexclusive license basis only for noncommercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Intellectual Property Products are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or usefulness. THE INTELLECTUAL PROPERTY PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT ACCEPT RETURNS OR ISSUE REFUNDS WITH RESPECT TO INTELLECTUAL PROPERTY PRODUCTS. The Intellectual Property Products are only samples and may be inappropriate for your particular circumstances or may be outdated or contain errors. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. In addition, information contained in any Intellectual Property Product or otherwise made available on howtobeapartygoddess.com or through the Services is not intended to and does not constitute legal advice, recommendations, or legal counseling, and no attorney-client relationship is formed. Your use of information contained in any Intellectual Property Product or otherwise made available on howtobeapartygoddess.com or through the Services is entirely at your own risk. The Party Goddess! is not a law firm or a lawyer referral service.
3. General Information about Tangible Product Purchases, Refunds
The Party Goddess! also offers tangible goods and materials for sale (collectively, “Tangible Products”). If you’re not satisfied with any Tangible Product, or it has been damaged during shipping, please let us know! We will quickly replace the product, credit your account or refund your money. If the return is because we have sent you the incorrect item, we will send you the correct item right away and will pay for your return shipping. If this is the case, please call or email us to make return shipping arrangements. All types of returns must be made within 30 days of your order, except as provided below for returns of Recorded Products. We’ll contact you via e-mail about your refund once we’ve received your returned Tangible Product. Your refund will be credited to the credit card you used to purchase the item. Credits should appear on your credit card within 14 business days of your return. If you’ve paid for the Tangible Product by check or money order, we will issue you a refund in the form of a check. The check will be sent within 3 days of your return.
Occasionally, The Party Goddess! sells audio and/or video recordings and related materials (collectively, “Recorded Products”). If you are not satisfied with any Recorded Product, please return it to us within one year as provided herein for a full refund. In order to qualify for a refund the Recorded Product must be returned in an undamaged condition in the original packaging, and must include all the CDs/DVDs and other materials and items that were included in the original package. Refunds for returned Recorded Products will be paid by check within three days after our receipt of a return meeting the foregoing conditions.
4. Returning Tangible Product Items
Re-package the Tangible Product item securely in a box, preferably the box in which we sent the item. Please be sure to add cushioning if necessary to prevent the item from shifting during shipping. Ship the item to the following address:
The Party Goddess!
Returns Department
556 South Fair Oaks Avenue #256
Pasadena, California 91105
Please call or email us if we’ve sent you the incorrect item. We will assist you in making shipping arrangements and will pay for return shipping on incorrect items.
5. Limitation of Liability
The maximum liability of The Party Goddess! is the amount paid to us by the customer, plus return shipping as expressly provided herein. Except as so provided, The Party Goddess! shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors or omissions on howtobeapartygoddess.com website or on any website linked to or affiliated with ThePartyGoddess website, or in our Services or in any product obtained or obtainable from us, (b) the unavailability or interruption of the Services or any features thereof, (c) your use of the Services, (d) the content contained on the Services, or (e) any delay or failure in performance that is beyond our commercially reasonable control.
6. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the products made available by us.
7. Indemnification
You agree to indemnify, defend and hold harmless The Party Goddess! and our shareholders, owners, directors, officers, employees, subcontractors, third party suppliers of products or information, representatives, successors, assigns, attorneys, advertisers, and affiliates (collectively, “Affiliated Parties”) from any liability, loss, claim, and expense, including reasonable attorney fees and costs, related to your violation of this Agreement or your use of the Services.
8. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
9. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Services (and/or any products purchased by you) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed from the Agreement and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
If you have any questions, comments, or need assistance, please email us at:
info@howtobeapartygoddess.com or call us at: (323) 222-8376
