Terms and Conditions
This website is operated by Pitch A Fete, LLC. Throughout the site, the terms the “Company”, “we”, “us” and “our” refer to Pitch A Fete, LLC. Pitch A Fete, LLC 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 herein. As used herein, the term “you” includes you, individually, any person who utilizes the Service, or the Company’s products or services (including your minor children who use the Company’s products and services) and any person or entity claiming by, on behalf of or through any such person.
By visiting our website and/ or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” and/or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and you acknowledge that such agreement constitutes a legally binding contract between you and us. These Terms of Service apply to all users of the website, 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 website, you agree to be bound by these Terms of Service, even when you may “bookmark” a particular portion of our website and thereby bypass these Terms. If you do not agree to all these Terms, then you may not access the website or use any services. Any new features or tools which are added to the current website 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 Wix.com. 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 that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website. 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. In addition, we reserve the right to pursue any available legal remedy against you.
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.
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, videoclips and all other visual, written, or oral information contained on the website (collectively the "Contents") are copyrights, trademarks, tradedress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the website and the Contents are intended solely for personal use.
You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or related software. You may not resell or make any commercial use of the website or the content on the website. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of :screen scraping", "database scraping", or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this website, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without prior written consent express written consent. You may not use meta tags or any other "hidden text" utilizing the Company name or trademarks without the express written consent of the Company. You may not use this website in any manner that could damage, disable, overburden, or impair the website or interfere with any other person’s use and enjoyment of the website. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third-party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this website, including, but not limited to, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider, or other automated device on the website, or any manual process to monitor or copy any portion of the content contained on the website, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
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 AND OWNERSHIP
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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. Any reliance on the material on this website is at your own risk.
This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
All content included on the website is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the website is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the website is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the website is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks appearing on the Site are the property of the respective owners, including third party providers of products and services with links to and from the website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services 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 AND RETURNS; DAMAGED PRODUCTS OR SERVICES POLICY
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, as further described below (“Return Policy”):
a) Returns from Ready Fete Go Shoppe: Unopened party supplies which remain in the original packaging, purchased from the Ready Fete Go Shoppe on our website, may be returned to the Company within ten (10) days of receipt of the product by you, with the refund being applied to the same credit card by which the original purchase was made, excluding shipping charges. For transactions paid for with gift cards, another Pitch A Fete gift card will be issued. If an item is damaged and an exchange is requested within the ten (10) day timeframe identified above, the Company will use its best efforts to provide you with a replacement item, pending availability of the item from the Company’s vendors. If a replacement cannot be provided, you may be asked to return the damaged item and the Company will issue you a refund, in its sole discretion.
b) Returns related to Fête Crate™ rental(s): Upon acceptance, by us, of your celebration date (“Fête Date”), payment in full is required to secure the Fête Date and theme. If you need to cancel or change your Fête Date, you must notify us in writing at least twenty-one (21) days prior to your Fête Date. A change of your Fête Date will be based on availability of the newly preferred date. No refunds are granted for cancellations for which we are provided less than twenty-one (21) days’ notice. For all events booked within twenty-one (21) days of the Fête Date, payment in full is due at the time of booking and no refunds will be processed.
c) Refunds related to Fête Crate™ Bespoke custom party design service: Fête Crate™ Bespoke design services are non-refundable. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your 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 Service 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 or Service at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
d) Damaged and/or unreturned Fête Crate™ rental(s): (i) In the event that each Fête Crate™ package is not returned within the specified time frame, you will be charged a $75 fee each calendar day until the return is received by Pitch A Fête™. If the Company does not receive a tracking number, from the client, for the return within seven (7) days from the date for which the return was due, the client shall be charged 200% of the retail value of each Fête Crate™ package replacement ("Replacement Fee"). Said Replacement Fee will be automatically charged to the credit card provided, by the client, to the Company to pay the deposit at booking. In the event that the Replacement Fee cannot be processed, an additional penalty fee of $100 per day, in addition to the Replacement Fee, shall accrue on the client's account and the Company may elect to commence legal action for which the client agrees to pay all attorneys' fees and costs; and/or (ii) broken tents, missing items, ripped fabric, damaged sleeping pads and the like will cause our client to incur the Replacement Fee for each Fête Crate™ package(s) which is/are returned damaged. It is imperative that each client repackage the items in the same way that they were shipped and/or delivered to you. This includes securely taping the boxes for each return. Failure to comply will result in the client being charged and paying the Replacement Fee. If your items are damaged during shipping transit, please submit a claim with the mail carrier.
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 email 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 on the website. 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.
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 website 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 website 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, or other materials, whether online, by email, 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 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 ideas, or products or services that result therefrom; or (3) to respond to any comments. By using the Site, you grant the Company a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material or contents posted in any Company board or within your personal pages, in any existing or future media, known or unknown, now or at any later date Copyright, Trademarks and Patents. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. By using the Site, you grant the Company a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material or contents posted in any Company board or within your personal pages, in any existing or future media, known or unknown, now or at any later date Copyright, Trademarks and Patents. 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 email 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
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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).
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 website 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 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 and to pursue any legal remedies available to us.
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 OR OTHERWISE MEET YOUR
EXPECTATIONS. 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 AND/OR THE WEBSITE 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. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED BY THE COMPANY. IN NO CASE SHALL THE COMPANY, OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY 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 OR OTHERWISE, ARISING FROM YOUR USE OF THIS WEBSITE AND/OR OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, 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, EVEN IF ADVISED OF THEIR POSSIBILITY. 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. IN NOT EVENT SHALL THE COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE RELIABLE FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT AND OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUCTION FROM THE WEBSITE.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, members, officers, directors, shareholders, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service, your use of the Service or the Company’s products or the documents they incorporate by reference, your violation of any law or the rights of a third-party and your use of the website.
SECTION 15 - 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply 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 due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - 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. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and the Company’s products and services, 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 18 - 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 Commonwealth of Pennsylvania, United States of America without regard to conflicts of law provisions of any jurisdiction. When you access the website, you are doing so in the Commonwealth of Pennsylvania. You hereby agree that any action or claim relating to these Terms or the use of the website shall be conducted exclusively in Allegheny County, Pennsylvania, United States of America and you hereby irrevocably consent to submit to the exclusive personal jurisdiction and venue there and waive any objection to such jurisdiction.
SECTION 19 - 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 20 – VIOLATIONS
If the Company and/or its suppliers become aware of possible violations, they may, in their sole discretion, initiate an investigation, suspend or terminate the account, remove materials from its server, cancel account posts, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints. In addition to other remedies available at law or in equity, the Company and its suppliers reserve the right to assess a charge of $500.00 per complaint plus legal fees, received by the Company or its suppliers and to recover damages for such complaints for any harm done to the website or Services or for employee hours devoted to responding to complaints. Nothing contained in these Terms shall be construed to limit the actions the Company or its suppliers may take or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these Terms may subject user to criminal and/or civil liability. Non-enforcement of any term of these General Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. The Company also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com