Terms & Conditions

Updated July 21, 2021

Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Aspen Picnic Company ('Aspen Picnic Company’, ‘APC’ 'we', 'us' or 'our'), now or in the future (collectively and individually, the'Site') are governed by these terms and conditions (the 'Terms and Conditions'). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.

WEBSITE

You may access, at your own risk, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. APC or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in APC’s sole discretion. APC neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.

Rules for Using the Site:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.

You will be strictly liable for Your use of the content of the Site, including any modification, reproduction, dissemination or any other use. It is Your responsibility to ensure you understand the legal implications of these Terms as well as US Copyright and other intellectual property laws that are applicable to Your use of the content.

Access to the Site
We may discontinue all or part of the Site at any time, in our sole discretion. APC may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which APC, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to APC or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

Reliance on Website Information
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.

About The Services

INTRODUCTION
Through the Services, we aim to give you access to our best event hosting practices, links to purchase event supplies, ideas for gifting as related to events, and sell you event supplies for use at your next event.

ELIGIBILITY
Children under the age of 18 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf.

MODIFICATION OF THE SERVICES OR THE TERMS
APC may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, APC will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to APC upon checkout.



PRIVACY
To learn more about our privacy practices, please contact us by email at party@bluebirdinabox.com to request a copy of our privacy policy.

Use of the Services

1. Aspen Picnic Company Content

Content Provided “As-Is”
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from APC staff and event planners, and photos and comments from other users (“APC Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The APC Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any APC Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the APC Content.

Updates
We may update the APC Content, including Product description and specifications, as we deem appropriate and without notice to you.

2. Third Party Content

Links to Third Party Websites
The Services may contain links or references to non-APC websites, products, services or other materials or content (“Third Party Content”). APC is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from APC, and APC has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that APC endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.

3. Acceptable Use Policy

Use of APC Content
No part of the Services, including the APC Content, may be reproduced or transmitted in any form, by any means, except that APC authorizes you to view, copy, download, and print APC Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the APC Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the APC Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the APC Content.

Use of the Services
You may not use the Services to: (i) transmit any content, information or other materials that are, or which APC considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, an APC representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.

You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Additionally, You agree that, if APC reasonably determines that it must pursue dispute resolution with You based on your violation of these Terms or any other violation of law applicable to Your use of the Site, then you will be responsible for APC’s legal fees and expenses, so long as APC substantially prevails on its claims, whether through settlement or other legal order.

Indemnification for Breach
By using the Services, you agree to indemnify, hold harmless and defend APC and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

Delays

There may be delays, omissions, or inaccuracies in the Services, including the APC Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Your Content

If you post, upload or make available to APC or the Services, or otherwise submit to or through APC as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to APC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize APC to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.

Your Account

Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify APC promptly of any unauthorized use of your account or password.

Sale of Products

GENERAL CONDITIONS
The Services include the distribution of knowledge and best practices surrounding event planning as well as the sale of picnic and event supplies, decor, gifting items and related services (“Products”). This agreement sets out the terms and conditions that apply to your purchase of any Product.

18 Years or Older
Products may be purchased for use by individuals under 18 years of age, but we sell only to adults, who may purchase the Products with a payment card or other approved payment method. By agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of using or purchasing the Services and Products as described in these Terms.

Limits
You acknowledge and agree that we may place limits on the purchase of Products. We reserve the right to limit, cancel, or prohibit any sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

Delivery
Subject to availability, your Products may be ordered up to fourteen (14) days ahead of your requested delivery date. Orders within fourteen (14) days of your desired delivery date are subject to the approval of APC and cannot be guaranteed. All deliveries will be through APC’s shipping partners, which may change from time to time at APC’s sole discretion. The shipping method used will be at the discretion of APC.

Collections
If you do not pay the amounts you owe to APC when due, then APC may institute collection procedures. You agree to pay APC’s costs of collection, including without limitation reasonable attorney’s fees.

Communications
You consent to receive communications from us, including email, text messages, and phone calls. These communications may be for the purpose of notifying you of the status of your order, sending you reminders, and providing you other information. Standard message and data rates charged by your mobile carrier may apply. You may opt out of receiving communications by following the unsubscribe procedures or contacting our Customer Support team. You acknowledge that opting out of communication may impact your use of the Services.

You may opt out of receiving communications by following the unsubscribe procedures or contacting our Customer Support team. You acknowledge that opting out of communication may impact your use of the Services.

SALES AND SUBSCRIPTIONS
The following additional conditions apply to the sale of any Product.

All Sales are Final and As-Is
You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. All Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.

Purchase Price
The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the APC website at the time of purchase, and is subject to change. APC reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize APC to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, fees, customs, duties, and other governmental assessments, all of which shall be paid by you directly or, if paid by APC, shall be paid by you to APC in connection with your purchase order. Purchase orders are final and cannot be cancelled.

Intellectual Property

1. Ownership of Services
The Services, including the APC Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of APC and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. APC and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any APC Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of APC or such third party that may own such APC Content.

2. Services License
Subject to your compliance with these Terms, APC grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes, in accordance with these Terms.

3. Feedback and Comments
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that APC may use your Feedback without restriction or obligation to you or any third party.

Termination

1. Termination by You
You may deactivate your account and discontinue your use of the account at any time. In order to deactivate your account, please contact us at hello@aspenpicniccompany.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.

2. Termination by Aspen Picnic Company
Any violation of these Terms, may result in suspension or termination of your access to the Services and/or removal of Your Content. APC may also terminate your account if APC determines that your conduct poses a risk or liability to APC, or for any other reason as determined by APC in its sole discretion.

3. Effects of Termination.
In each of these cases, the Terms will terminate, including your license to use the Services.

Disclaimer of Warranties; Limitation of LiabilitY

1. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by APC in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.

Your sole and exclusive remedy and APC 's sole and exclusive liability for a breach by APC of the limited warranties set out in Section 2(B) shall be, at APC 's option, APC 's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Fee, as applicable (excluding delivery charges).

2. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, APC DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE APC CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.

3. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL APC BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF APC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 6(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.

Dispute Resolution; Arbitration

1. Informal Process First
Both you and APC agree that in the event of any dispute between us, you and APC will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

2. Informal Process First
All disputes between you and APC will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of APC or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either APC or you pursuant to the following conditions:

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in Colorado.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with APC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

Miscellaneous

Jurisdictional Issues
APC makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws.

Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the APC Content, or any part thereof, in any way, in violation of United States law.

Governing Law and Venue
These Terms are governed and interpreted pursuant to the laws of the United States and of the State of Colorado, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Denver County, Colorado, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply where otherwise expressly prohibited by US state laws. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Entire Agreement
These Terms are the entire agreement between you and APC relating to the subject matter herein and shall not be modified except by APC in accordance with these Terms, or as otherwise agreed in writing by you and APC. No employee, agent or other representative of APC has any authority to bind APC with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

Force Majeure
APC will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond APC’s reasonable control.

Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. APC may assign these Terms at any time without notice to you.

Contact Information
Please send any questions or comments, or report violations of these Terms, to Aspen Picnic Company at hello@aspenpicniccompany.com.

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