Super Moms 360 Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PARTY PLAN-IT, INC. OFFERS YOU ACCESS
TO OUR SERVICES.
1. SERVICES. Party Plan-It provides recommendations for locations and services for special events, meetings and parties. Advertisers pay a fee to have their locations or services listed on the Site. Party Plan-It, believes Advertiser information to be correct, but cannot be responsible for any claims made by the Advertisers.
2. CONDUCT. You agree to provide true, accurate, current and complete information to Party Plan-It when using the Service. You may not allow anyone else to use your email address and you may not use anyone else's email address while using the Service. You agree to notify Party Plan-It immediately of any unauthorized use of your email or any other breach of security. Party Plan-It will not be liable for any loss or damage arising from your failure to comply. You agree to indemnify and hold harmless Party Plan-It for any claims, damages and liability, including attorneys’ fees, arising from or in connection with your use of this service.
3. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of this Site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You acknowledge that Party Plan-It screens information and has the right in our sole discretion to deny any usage of the Site that is in violation of these terms and conditions
5. LINKS TO THIRD-PARTY SITES. This Site may contain hyperlinks to Web sites operated by parties other than Party Plan-It, Inc. Such hyperlinks are provided for your reference only. Party Plan-It, Inc. does not control such Web sites and is not responsible for their contents. Party Plan-It, Inc.'s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
6. RELEASE. In the event that you have a dispute, for any reason, with and of the Advertisers, you release Party Plan-It (and our officers, directors, agents, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to indemnify and hold harmless Party Plan-It for any claims, damages and liability, including attorneys’ fees, arising from or in connection with your use of this service. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. PARTY PLAN-IT’S PROPRIETARY RIGHTS. You acknowledge and agree that the Site and Service and any necessary software used in connection with the Site or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Site or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. You may not resell or commercially use without permission the original and copyrighted work on the Site or Service. Additionally, except as expressly authorized by Party Plan-It, you agree not to modify, sell, distribute or create derivative works based on the Site, Service or software, in whole or part.
8. NOTICES. From time to time, Party Plan-It may send you information or special announcements regarding other services offered by Party Plan-It or its advertisers.
9. WARRANTY DISCLAIMER. You use the Services at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER PARTY PLAN-IT NOR ANY OF ITS PARTNERS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PARTY PLAN-IT OR OUR PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
11. GENERAL. This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego, California, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Party Plan-It, Inc. as a result of this agreement or use of this Web site. Party Plan-It, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Party Plan-It, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Party Plan-It, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the Customer and Party Plan-It, Inc. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and Party Plan-It, Inc. with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.