Welcome to A1 Party Supply !
Please read these
terms and conditions of use carefully before using (the
"Site"). Your access to and use of the Site is subject to the following
terms and conditions (including the Privacy
Policy of the Site) and all applicable laws. By accessing and
using this Site, you signify your assent to these Terms of Use.
If you do not agree to these Terms of Use, please do not use the Site.
These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
1. OWNERSHIP AND USE RESTRICTIONS
is operated by technoweenie, inc
("technoweenie") and shall be referred to herein as the
"Operator."
The content and materials contained within the Site
(including, but not limited to, video, audio, photos, text,
images, and other intellectual property related to ("Content") are either owned by or licensed to . No
Content from the Site may be reproduced, republished,
uploaded, posted, transmitted, reproduced, distributed, copied,
publicly displayed or otherwise used except as provided in these
Terms of Use without the written permission of technoweenie.
The Operator maintains this Site for your personal entertainment,
information, education, and communication. Please feel free to
browse the Site. You may download material displayed on the Site to
any single computer only for your personal, non-commercial use,
provided you also maintain all copyright and other proprietary
notices contained on the materials. You may not, however,
distribute, reproduce, republish, display, modify, transmit, reuse,
repost, or use any materials of the Site for public or commercial
purposes on any other Web site or otherwise without the written
permission of the Operator. Modification of any materials displayed
on the Site is a violation of the Operators' copyright and other
proprietary rights.
All other trademarks, logos and service marks
(collectively, the "Trademarks") appearing on the Site are
Trademarks of their respective owners. Nothing contained on the Site
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on
the Site without the written permission of its respective owner.
Your use of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms of Use, is
strictly prohibited.
Images of people or places displayed on the Site are
either the property of, or used with permission by, the Operator.
The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms
of Use or specific permission provided elsewhere on the Site. Any
unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes. The Operator neither warrants nor
represents that your use of materials displayed on the Site will not
infringe rights of third parties not owned by or affiliated with the
Operator.
Use of images for commercial use is strictly prohibited,
and may not be used without permission of the site owner.
2. LINKS
The following restrictions apply to
all links to the Site from any on-line, cable, wireless or other
site, service or browser:
The posting or creation of any link to the Site signifies that you have
read these Terms Of service agree to abide by their terms.
Any direct link to images or use of descriptions for purposes other than the promotion of this site is strictly prohibited, and by doing so, you agree to reimburse the site owner a fee of $1US for each access to any image used for commercial purposes.
3. SHOPPING ON A1 Party Supply
(the "Store") allows you to order products (the
"Merchandise"). By placing an order in the Store, you
agree to pay all amounts accrued in your account, including sales
tax and shipping and handling charges, when due. Your ability to
purchase Merchandise is subject to limits established by the
Operator or your credit card issuer. technoweenie may bill your
credit card at the time Merchandise is ordered. technoweenie, in its
sole discretion, decline service to or terminate your account
without notice.
Questions relating to the Store, and/or
Merchandise and its fulfillment should be directed
either by:
(i) e-mail from our contact page, or
(ii) mail to Customer Service,
technoweenie, inc
PO BOX 259
NEW YORK, NY, 10024
You may also refer to
the Frequently Asked Questions section of the Store for more
information.
4. DISCLAIMER OF WARRANTIES AND DAMAGES;
LIMITATION OF LIABILITY
While the Operator uses
reasonable efforts to include accurate and up to date information in
the Site, the Operator makes no warranties or representations as to
its accuracy. The information contained in or made available through
the Site (including descriptions) cannot replace or substitute for the
services of trained professionals in any field, including, but not
limited to, financial, medical or legal matters. The Operator
assumes no liability or responsibility for any errors or omissions
in the content of the Site.
The Operator and its respective
affiliates, owners, employees, directors, officers or shareholders
(collectively, the "Operator Parties") make no representation that
the materials contained in the Site are appropriate or authorized
for use in all countries, states, provinces, county or any other
jurisdictions. If you choose to access the Site, you do so on your
own initiative and risk and are responsible for compliance with all
applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT
WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS
ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT
THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU
SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF
THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE
RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR
INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL
THE OPERATOR PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS,
DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE
TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide
Web sites, resources, and advertisers of the Site. Links to and from
the Site to other sites, maintained by third parties, do not
constitute an endorsement by the Operator or any affiliate of any
third party site or content. The Operator is not responsible for the
availability of these third party resources, or their contents. The
Operator has not reviewed any or all of the sites linked to the Site
and are not responsible for the content of any off-Site pages or any
other sites linked to the Site. Your linking to the Site, off-Site
pages or other sites is at your own risk and without the permission
of the Operator. By clicking on any such link, you acknowledge that
the Site has no control over, and makes no representations of any
kind with respect to, such other sites or any content contained
within such other sites, and you hereby revoke any claim against the
Operator with respect to such other sites. You should direct any
concerns regarding any external link to its site administrator or
Webmaster.
5. NOTICE
The Operator may give
notice to users of the Site by means of a general notice on the
Site, electronic mail to a user's e-mail address if on record in the
Operator's account information, or by written communication sent by
first class mail to a user's address if on record in the Operator's
account information. You may give notice to the Operator (such
notice shall be deemed given when received at any time by any of the
following means):
1. electronic mail to
userservices at technoweenie
Attn: Legal Department
6. INDEMNIFICATION
You hereby agree to indemnify and hold
technoweenie, its vendors, business partners,
their respective general and limited partners, members,
shareholders, directors, officers, employees, agents and
representatives harmless from all claims, liabilities, damages and
expenses (including attorneys' fees and court costs) arising out of
or relating to: (i) your use of the Site, including, but not limited
to use of any Message Feature or the Store; and (ii) any breach or
alleged breach of these Terms of Use.
7. TERMINATION OF SERVICE
The Operator may change,
suspend or discontinue
any aspect of the Site at any time, including the availability of
any Site feature, database, or content. The Operator may also impose
limits on certain features and services or restrict your access to
parts or the entire Site without notice or liability at any time in
the Operator's exclusive discretion, without prejudice to any legal
or equitable remedies available to the Operator, for any reason or
purpose, including, but not limited to, conduct that the Operator
believes violates these Terms of Use or other policies or guidelines
posted on the Site or conduct which the Operator believes is harmful
to other customers, to the Operator's business, or to other
information providers. Upon any termination of this agreement, you
will immediately discontinue your use and access of the Site and
destroy all materials obtained from it.
8. SOFTWARE
Software and other materials from this Site may
also be subject to United States Export Control. The United States
Export Control laws prohibit the export of certain technical data
and software to certain territories. No software from this Site may
be downloaded or exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to
which the United States has embargoed goods; or (ii) anyone on the
United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Operator does not authorize the downloading or exportation of
any software or technical data from this Site to any jurisdiction
prohibited by the United States Export Laws.
9. DISPUTE RESOLUTION
The parties agree to submit any disputes arising from this agreement to
final and binding arbitration under the Rules of the American
Arbitration Association, to which the parties declare to make
explicit reference.
Any dispute, controversy or claim arising out of or relating to
this contract, or the breach, termination or invalidity thereof, shall be
decided by arbitration in accordance with the Rules for Arbitration
(a) The number of arbitrators shall be three.
(b) The place of arbitration shall be in the United States.
(c) The language(s) to be used in the arbitration proceedings shall be English.
(d) The law applicable to this contract shall be that of Texas.
10. MISCELLANEOUS
These
Terms of Use constitute the entire agreement between the parties,
and supersedes all prior and contemporaneous written or oral
agreements, proposals or communications with respect to the subject
matter herein between you and the Operator. The Operator in its sole
discretion may amend these Terms of Use, and your use of the Site
after such amendment is posted on the Site will constitute
acceptance of it by you. The section headings in these Terms of Use
are for convenience only and must not be construed as legal advice
to you. If any provision of these Terms of Use is held by a court of
competent jurisdiction to be unlawful, void, invalid or
unenforceable, the remaining provisions shall remain in full force
and effect.