Terms & Conditions

Last Updated August 2022

These Terms of Use (the “Terms”) are a legal agreement between you and Partytrick LLC (“Partytrick”, “we”, “our”, or “us”) governing your access to and use of the Partytrick’s website (the “Site”). BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR USE THE SITE.

Website

Service. The Site may provide estimates or recommendations regarding your potential for energy savings or the value of certain energy tools and products.  These estimates and recommendations are not guarantees and Partytrick does not make any representation or warranty regarding the estimate the tools or products recommended on the Site.

Site License. Subject to these Terms, Partytrick grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Site for informational purposes only. This license is exclusive to you and you may not sublicense the use of the Sites. Partytrick expressly retains all ownership rights, title and interest in and to all aspects of the Site and all intellectual property rights therein, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. 

Restrictions. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites after any termination or expiration of your agreement to these Terms for any reason. In no event may you use the Site for commercial endeavors without our prior written consent.

User Data. You may be provided the opportunity to provide us with information about yourself. You agree that the information that you provide to Partytrick (“User Data”) will be true, accurate, current and complete.

Third Party Software and Linking

Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Partytrick makes no warranty with regard to the products or websites of any other entity. Partytrick has no control over the content or availability of any third-party software or website. In particular, (a) Partytrick makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

Privacy

PartyTrick respects the privacy of is users. PartyTrick collects, uses and discloses information about you in accordance with PartyTrick’s Privacy Policy (the “Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, PartyTrick cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.

Disclaimer of Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. PARTYTRICK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PARTYTRICK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF PARTYTRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE IN CONNECTION WITH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL PARTYTRICK HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IT IS THE INTENTION OF YOU AND PARTYTRICK THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Reservation of Rights

The Site and all content provided on or through the Site are the intellectual property and copyrighted works of PartyTrick or a third party provider. All rights, title and interest not expressly granted with respect to the Site and content provided on or through the Site are reserved. PartyTrick reserves the right to terminate the permissions granted to you in these Terms at any time.

General

  1. Modification. Partytrick may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site.
  2. Governing Law; Venue. The laws of the State of Colorado govern these Terms and any matters related to your access to or use of the Site, without regard to any conflicts of laws principles that would require the application of the laws of a different jurisdiction. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Denver, Colorado in any litigation arising out of these Terms or the Site.
  3. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Partytrick as a result of these Terms or use of the Site. 
  4. Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
  5. Force Majeure. Partytrick will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Partytrick’s reasonable control.
  6. Waiver. The failure of Partytrick to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Partytrick in writing.
  7. Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.

Entire Agreement. These Terms constitute the entire agreement between you and Partytrick and govern your use of the Site, superseding any prior agreements between you and Partytrick. The failure of Partytrick 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, you and Partytrick 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 shall remain in full force and effect.

Contact Information

Please send any questions or comments, or report violations of these Terms, to Partytrick at hello@partytrick.com.