Snowball Party

Terms of Sale

Last Updated: [insert date posted to site]

PLEASE READ THESE TERMS OF SALE CAREFULLY.  BY PURCHASING ANY PRODUCTS PROVIDED BY DIGITAL TRICKS LLC D/B/A SNOWBALL PARTY, OR OUR SUBSIDIARIES OR AFFILIATED COMPANIES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR WEB SITE.

 Digital Pricks LLC d/b/a Snowball Party, and our subsidiaries and affiliated companies (collectively, "Snowball Party" or "we"), may make products, services or access to events (“Products”) available to you for purchase through our website (the "Site").  Your purchase of any Products through the Site is governed by these Terms of Sale ("Terms of Sale") and our Site Terms [insert hyperlink], which are incorporated herein by reference.  Terms with their initial letters capitalized and not otherwise defined in these Terms of Sale will have the meaning given to them in our Site Terms.

We reserve the right to change these Terms of Sale at any time and in our sole discretion.  If we make any changes, we will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale.  Your continued purchase of Products through the Site will confirm your acceptance of such changes.  We encourage you to frequently review these Terms of Sale prior to making any purchase through the Site to ensure you understand the terms and conditions that apply to your purchase of Products through the Site.  If you do not agree to the amended Terms of Sale, you must stop purchasing Products through the Site.

If you have any questions regarding these Terms of Sale or purchases made through our Site, please email us at [connect@thesnowballparty.com.

1. Pricing; Availability; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional.  All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue Products without notice, even if you have already placed your order.  All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens.  Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase.  If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable.  Snowball Party reserves the right to collect such taxes or other fees from you at any time.

2. Errors

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any Product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free.  In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a Product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.  Your sole remedy in the event of an error is to cancel your order and obtain a refund.

3. Out-of-Stock Items

If a specific Product (such as a ticket to an event) you would like to purchase is not shown in the relevant drop-down box or list of options on the Product's information page, then that Product is not available for purchase.  In the event that the specific Product that you would like to purchase is unavailable, please check our Site at a later time as our inventory of Products is subject to change. 

4. Shipping & Handling; Export

You agree to pay all handling or service charges shown to you at the time you place your order.  We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. 

5. Payment; Credit for Refunds

Only valid credit cards and other payment methods acceptable to us may be used to purchase Products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method.  By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site).  When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information.  In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically.  You are responsible for resolving any problem we encounter in order to proceed with your order.

6. Returns and Exchanges

Please refer to our Refund and Return Policy [Insert link] for general refund and return information and instructions. Generally speaking, we will not issue any refunds or allow for any returns of Products within forty-eight (48) hours of the commencement of the Services.

7. Complaints and Legal Notices

All complaints and legal notices should be mailed to [Insert]. If a law requires us to accept legal notices via email, you may email such notices to [____].

8. Limited Warranty

Snowball Party Products may be returned or service fees refunded in accordance with our Return Policy [Insert hyperlink to return policy].  THIS IS SNOWBALL PARTY' SOLE EXPRESS WARRANTY, WHICH SUPERSEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS THAT YOU RECEIVE FROM SNOWBALL PARTY.  OTHER THAN PROVIDED IN THIS SECTION 8 AND ANY MANUFACTURER'S STANDARD WARRANTY APPLICABLE TO ANY PRODUCT, ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND SNOWBALL PARTY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF PRODUCTS.  WE DO NOT REPRESENT OR WARRANT THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you

Reference to any Products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Snowball Party.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNOWBALL PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF SNOWBALL PARTY, WHETHER IN CONTRACT OR WARRANTY, ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Disclaimer

To the fullest extent permitted by applicable law, you release Snowball Party and the other Snowball Party Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You understand that use of a a Product or use of or participation in the Services may entail the use of public transportation or ride-sharing applications and that you may have the opportunity to consume food or alcohol. You understand and agree that these activities may involve an element of risk and you hereby knowingly assume those risks. This waiver, release and assumption of risk will be binding on your heirs and assigns. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

11. Arbitration 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SNOWBALL PARTY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Snowball Party agree to arbitrate any dispute arising from these Terms of Sale or the sale and purchase of Products from Snowball Party, except that you and Snowball Party are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.  ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.  You and Snowball Party agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Los Angeles County, California; and (iv) that arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures and conducted confidentially by a single arbitrator in Los Angeles County, California.  You and Snowball Party also agree that the state or federal courts in California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.  Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.  Any dispute between the parties will be governed by these Terms of Sale and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.  Whether the dispute is heard in arbitration or in court, you and Snowball Party will not commence against the other a class action, class arbitration or other representative action or proceeding.

12. Severability 

If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.