Terms & Conditions
PAPERLESS POST PARTY SHOP TERMS OF SERVICE
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS USERS IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
BY VISITING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The Party Shop Site
Description: Through Paperless Post’s other website at https://www.paperlesspost.com and mobile applications, Paperless Post offers an online platform to create, send, distribute and receive custom digital invitations and stationery and provides related event management tools and services to help people gather more easily and meaningfully in real life and virtually (collectively, the “Paperless Post Platform”). Through the Party Shop Site, Paperless Post makes available for purchase party products, such as themed paper plates, cups and napkins and decorations (collectively, all products made available for purchase via the Party Shop Site, “Products”). All individuals who access or interact with the Party Shop Site are referred to herein as "Users", including all individuals who purchase Products via this Site. For the avoidance of doubt, the Paperless Post Platform is subject to a separate terms of service posted on the Paperless Post Platform, and these Terms apply only to Users of the Party Shop Site. Paperless Post is committed to ensuring that this Site is accessible to all Users. Click here for more information.
Age: Paperless Post takes a child’s privacy very seriously. The Party Shop Site is not designed or intended to be used by children. If you are under 13 years of age, you are not authorized to use this Site, with or without registering. In addition, if you are between 13 and 18 years of age, you may use this Site, with or without registering, only with the approval of your parent or guardian.
Geography: The Site is only available to residents of the United States (excluding United States Territories), and Products will only be shipped to addresses therein .
Your registration obligations: You may be required to register to access certain functions and features of the Site, including in connection with purchasing Products. If you choose to create an account on the Site, you agree to provide and maintain current and accurate information about yourself.
Registered User account, password and security: Registered Users are responsible for maintaining the confidentiality of their login credentials and account information, and are fully responsible for any and all activities that occur under their password or account. Users agree to (i) immediately notify Paperless Post of any suspected or actual unauthorized use of a password or account or any other breach of security, and (ii) exit from their account at the end of each session accessing this Site. Paperless Post will not be liable for any loss or damage arising from a User’s failure to comply with this term.
Modifications to the Party Shop Site: Paperless Post reserves the right to modify or discontinue, temporarily or permanently, this Site (or any part or feature thereof) with or without notice. Without limiting the generality of the forgoing, Paperless Post may remove and add Products for purchase on this Site, or change its pricing with respect to any Product, at any time or add new fees and charges from time to time, but will provide notice to you of these changes via information on the Site. You agree that Paperless Post shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Party Shop Site and/or any Products made available for purchase thereon. We may change the descriptions, specifications, and prices of the Products offered for sale through this Site without notice and at any time. We do not warrant that such descriptions, specifications, and prices of Products are accurate, complete or current at all times.
General practices regarding use and storage: You acknowledge that Paperless Post may establish general practices and limits concerning use of the Party Shop Site, including without limitation the maximum period of time that data or other content will be retained on this Site or on Paperless Post’s servers on your behalf. You agree that Paperless Post has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by this Site. You acknowledge that Paperless Post reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Paperless Post reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or send via SMS, MMS or other form of text message or otherwise transmit or use via the Party Shop Site. Without limiting the generality of the foregoing, you expressly agree to not use the Site to:
- post, email or otherwise transmit any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, or hateful racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- infringes any intellectual property or other proprietary rights of Paperless Post or any other party;
- constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of Paperless Post, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Paperless Post or its users to any harm or liability of any type;
- "stalk", harass or otherwise violate the legal rights of others;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including by providing false or fictitious email addresses, telephone numbers or other personal contact information (whether such information for you or any other person);
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
- violate any terms which may be applicable for any particular area of the Site; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- use the Site in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
Export Control: The Party Shop Site is subject to United States export controls and economic sanctions laws. As noted above, the Site is restricted to use by residents of the United States only. Without limiting the foregoing, in accepting these Terms you represent and warrant that: (i) you are not located in, and you are not a national or resident of, any country or region to which the US has embargoed goods and/or services of the same type as the Site, including without limitation, Cuba, Iran, North Korea, Sudan or Syria, and the Crimea region of the Ukraine; and (ii) that you and any entity you are acting on behalf of are not named on nor owned or controlled by, any government denied-party list.
No resale of the Party Shop Site or Products: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of this Site, use of this Site, or access to this Site. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes.
Intellectual Property Rights
Party Shop Site content, software and trademarks: You acknowledge and agree that the Site may contain content (“Site Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Paperless Post, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Site. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Paperless Post, is strictly prohibited. The technology and software underlying the Site is the property of Paperless Post, our affiliates and our partners and service providers (the “Software”). Except to the extent permitted by the law notwithstanding any contractual prohibition, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved.
The “Paperless Post” name and logo are trademarks and service marks of Paperless Post (collectively the “Paperless Post Trademarks”). Other company, product, and service names and logos used and displayed via the Party Shop Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Paperless Post. Nothing in these Terms or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Paperless Post Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Paperless Post Trademarks will inure to our exclusive benefit.
Third party material: Under no circumstances will Paperless Post be liable in any way for any content posted by third parties or at the direction of Users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Party Shop Site. You acknowledge that Paperless Post does not pre-screen content, but that Paperless Post and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Paperless Post and its designees shall have the right to remove any content that violates the Terms or is deemed by Paperless Post, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User content: You are solely responsible for the content and other materials you post on or through the Party Shop Site or transmit to or share with other Users or recipients (collectively, “User Content”). You will not post or otherwise transmit via the Site any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content, you hereby grant and will grant Paperless Post and its affiliated companies and agents a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Paperless Post and its designees may, but have no obligation to, remove, edit, block, and/or monitor User Content at any time for any reason, including activity which, in its sole judgment: violates the Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of Users.
You acknowledge and agree that Paperless Post may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Paperless Post, its Users and the public. You understand that the technical processing and transmission of the Party Shop Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Party Shop Site and/or the Products (“Submissions”), provided by you to Paperless Post are non-confidential and Paperless Post shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright complaints: Paperless Post respects the intellectual property of others, and we ask our users to do the same. Paperless Post will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Paperless Post’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Paperless Post Agent
New York, NY 10006
Repeat infringer policy: In accordance with the DMCA and other applicable law, Paperless Post has adopted a policy of terminating, in appropriate circumstances and at Paperless Post’s sole discretion, Users who are deemed to be repeat infringers. Paperless Post may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Party Shop Site, our Users, or third parties may provide, links or otherwise direct Users to other sites, services and resources on the Internet or otherwise (“Third-Party Services”). Paperless Post has no control over such Third-Party Services and resources and Paperless Post is not responsible for and does not endorse such Third-Party Services. You further acknowledge and agree that Paperless Post shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Service.
Paperless Post may choose to add a link to a product on a third party website in its email marketing or on the Site, and earn an affiliate commission on qualifying purchases from that link. Paperless Post will provide notice of the commission, along with the link.
Third Party Products
All Products sold on the Party Shop Site are third-party products. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these third parties (including any content relating to the Products). Paperless Post does not assume any responsibility or liability for third parties’ actions, Products, or Product-related content. We therefore exclude any warranties, undertakings, or representations (either express or implied) to the fullest extent permitted under applicable law, with respect to the Products. You acknowledge that Paperless Post does not pre-screen or independently verify Products or Product-related content appearing on or through the Site.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping to the agreed place of delivery; and (b) sales tax, and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping of the Products as such costs are specified by us on the Site when you submit your order.
All orders are subject to our acceptance or rejection based on Product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We may change the descriptions, specifications, and prices of the Products offered for sale through the Site without notice and at any time. We do not warrant that such descriptions, specifications, and prices of Products are accurate, complete or current at all times.
We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Party Shop Site and we cannot guarantee the accuracy or completeness of any information found on this Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time, without prior notice.
Shipping & Return Policy: The Paperless Post return policy, refund policy and shipping policy, are located at https://partyshop.paperlesspost.com/pages/returns, and are hereby incorporated by reference into these Terms, and may be updated without notice.
By using the Party Shop Site, you agree to release, discharge and hold harmless Paperless Post and its subsidiaries and affiliates, from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site or Products or any act or omission by any person in connection therewith, including without limitation, any dispute between you and any other person, any content posted on the Site, and any use of the Products sold via the Site. 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.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify, defend and hold Paperless Post and its subsidiaries and affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Paperless Post Entities”), harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), rights, claims, actions of any kind, or demand, made by any third party due to or arising out of or relating to the Party Shop Site or any Products, including any content posted to or transmitted through this Site, or publicly distributed through a third party service on the web, your use of this Site, your connection to this Site, your violation of the Terms or your violation of any rights of another.
Paperless Post is committed to ensuring that the Party Shop Site is accessible to all users. We are actively working to increase the accessibility and usability of this Site. Users are welcome to use the Site with the aid of personal assistive technology. To the extent that any part of the Site is incompatible with a user’s assistive technology, we will provide the user with full and equal access to this Site through alternative options.
If you encounter any accessibility barriers in using the Party Shop Site, please contact Customer Support at firstname.lastname@example.org or by phone at (877) 605-8644.
We welcome your feedback on the accessibility of the Party Shop Site.
Disclaimer of Warranties
YOUR USE OF THE SITE AND PRODUCTS ARE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SECTION, THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAPERLESS POST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAPERLESS POST MAKES NO WARRANTY THAT (I) THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF THE PRODUCTS PURCHASED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPERLESS POST OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPERLESS POST AND THE PAPERLESS POST ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAPERLESS POST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS. IN NO EVENT SHALL PAPERLESS POST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL PAPERLESS POST OR ANY PAPERLESS POST ENTITY BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “LIMITATION OF LIABILITY”, “DISCLAIMER OF WARRANTIES”, “INDEMNITY” AND “RELEASE” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS ARE HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This section is referred to in these Terms as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Paperless Post, whether arising out of or relating to these Terms (including any alleged breach thereof), the Site or Products, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Paperless Post are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND PAPERLESS POST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PAPERLESS POST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution: Paperless Post is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Customer Support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Paperless Post should be sent to Paperless Inc., Attn: Meg Hirschfeld, Esq., 115 Broadway, NY, NY 10006 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Paperless Post and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Paperless Post may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Paperless Post or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Paperless Post is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Paperless Post and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Paperless Post agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Paperless Post will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Paperless Post will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Paperless Post will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: Without limiting the severability provision in this section of these Terms, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms to the contrary, Paperless Post agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Site, you may reject any such change by sending Paperless Post written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Termination and Account Deletion
You agree that Paperless Post, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Party Shop Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Paperless Post believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of this Site, may be referred to appropriate law enforcement authorities.
Paperless Post may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. You agree that any termination of your access to this Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Paperless Post may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. Further, you agree that Paperless Post shall not be liable to you or any third-party for any termination of your access to this Site.
These Terms constitute the entire agreement between you and Paperless Post and govern your use of the Party Shop Site, superseding any prior agreements between you and Paperless Post with respect to this Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, and you represent and warrant that you will comply with all such additional terms and conditions. These Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Paperless Post agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. The failure of Paperless Post to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If you are a US resident, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.
Contact Us: Questions? Concerns? Suggestions?
Please contact us to report any violations of these Terms or to pose any questions regarding these Terms.
New York, NY 10006
Paperless Post Customer Support