Terms of Service
Terms of Service
Welcome to Pete's Pranks LLC! These Terms of Service ("Terms") govern your use of our website (petespranks.com) and the services, products, and information provided by Pete's Pranks LLC ("we," "us," or "our"). By accessing our website and/or purchasing any products or services from us, you agree to be bound by these Terms. Please read them carefully before using our website or making any purchases. If you do not agree with these Terms, please refrain from using our website and purchasing our products and services.
SECTION 1 - AGREEMENT TO TERMS
By purchasing a product or service from Pete's Pranks LLC, you enter into a legally binding contract with us, agreeing to the terms and conditions set forth in these Terms of Service. If you do not agree to these Terms, please do not use our website or purchase any products or services.
This agreement includes a binding arbitration clause that affects your legal rights to litigation and your ability to sue Pete's Pranks LLC. Any disputes, legal or otherwise, that may arise between you and Pete's Pranks LLC shall be resolved through arbitration. In arbitration proceedings, there is no right to a jury trial or to have a judge decide your case.
This agreement also includes an indemnification, release, and hold harmless provision detailed in addendum A, which requires you to indemnify and hold harmless Pete's Pranks LLC for any damages resulting from your use of our website, products, and services, including claims brought against Pete's Pranks LLC by third parties related to the delivery of any product or service offered by Pete's Pranks LLC. Under this provision, you agree to take responsibility for any damages arising from your use of Pete's Pranks LLC, our website, current or future products and services.
Modifications to this agreement are not permitted, and the terms are not open for negotiation. By using our website, services, and products, you accept and agree to the Terms of Service.
SECTION 2 - USE OF OUR WEBSITE
Our website is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you. By using our website, you represent that you are of legal age in your state or province of residence, or that you have obtained the necessary consent from your parent or legal guardian to use this site. You may not use our products for any illegal or unauthorized purpose, and you must comply with all applicable laws and regulations, including copyright laws. Any transmission of worms, viruses, or destructive code is strictly prohibited.
We reserve the right to refuse service to anyone for any reason and at any time. While we take precautions to protect your information, you understand that your content (excluding credit card information) may be transmitted unencrypted over various networks and may undergo changes to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or our website without our express written permission. The headings used in these Terms are for convenience only and do not limit or affect the Terms themselves.
SECTION 3 - ACCURACY OF INFORMATION
We strive to provide accurate and up-to-date information on our website. However, we do not guarantee the accuracy, completeness, or timeliness of the information available on our site. The material provided on our website is for general information purposes only and should not be solely relied upon for making decisions. You acknowledge that any reliance on the material on our site is at your own risk.
While we may include historical information on our site, such information may not be current and is provided for reference purposes only. We reserve the right to modify the content of our site at any time, without obligation to update the information. It is your responsibility to monitor any changes to our site.
SECTION 4 - MODIFICATIONS AND PRICING
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy. We make every effort to accurately display the colors and images of our products, but we cannot guarantee that your computer monitor will accurately reflect such colors.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at our sole discretion. We may discontinue any product at any time. Any offers for products or services on our site are void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase. It is your responsibility to ensure that your account and billing information is current and accurate.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor or control. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of any optional tools offered through our site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s). Any new features or services added to the website will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, or services provided by third parties. We are not responsible for examining or evaluating the content or accuracy of such materials, and we do not warrant or have any liability or responsibility for any third-party materials, websites, or other products or services. Any transactions or interactions with third-party websites are solely between you and the third party, and any complaints, claims, concerns, or questions should be directed to the respective third party.
SECTION 9 - USER COMMENTS AND SUBMISSIONS
We may request specific submissions or accept unsolicited feedback, ideas, suggestions, or other materials from you. By providing such submissions, you grant us the right to edit, copy, publish, distribute, translate, and otherwise use those submissions in any medium and without any compensation or obligation to you. We are not obligated to maintain the confidentiality of any submissions or to respond to them. We may monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your submissions will not violate the rights of any third party and will not contain false or misleading information.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be typographical errors, inaccuracies, or omissions in the information on our site or in the Service, including product descriptions, pricing, promotions, offers, shipping charges, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on our site is inaccurate, at any time and without prior notice. We undertake no obligation to update, amend, or clarify information in the Service or on our site, except as required by law. No specified update or refresh date applied in the Service or on our site should be taken to indicate that all information in the Service or on our site has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using our site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on protected characteristics; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service or restrict your access to our site for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, secure, or error-free, and we do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use of the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Pete's Pranks LLC, our directors, officers, employees, affiliates, agents, contractors, licensors, service providers, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pete's Pranks LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service. These Terms of Service are effective until terminated by either party. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. We may also terminate these Terms of Service at any time without notice and deny you access to our Services if we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on our site constitute the entire agreement and understanding between you and us, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
SECTION 18 - CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact us at firstname.lastname@example.org
ADDENDUM A: INDEMNIFICATION, RELEASE, AND HOLD HARMLESS
Frequently Asked Questions
Will My Recipient Know It Came From Me?
No! Unless you choose to leave them a message.
The package is sent from a 3rd party fulfillment center, so none of your information will be on the package.
You have the option of leaving your recipient a message if you wish to identify yourself to them!
What is The Shipping Process?
The ship to information needs to be added on the product page before you add the item to the cart (we will not ask for shipping information during the checkout process).
Packages are sent from our 3rd party fulfillment center, so none of your information with be on the package sent to your recipient.
When Will My Package Be Delivered?
It usually takes us 1-2 business days to fulfill an order. However, in rare circumstances, it could take us a little longer to fulfill an order.
Once your order is ready for shipment, you will receive a shipment confirmation email from us that will include a tracking number so that you can track when your recipient receives the prank!
All packages are sent from our facility in Massachusetts.
Can I Order More Than One Prank At A Time?
Yes! When adding a prank to your cart, you are asked to provide the ship to information for that specific prank.
This way you can add multiple pranks to a single order.
We do not ask for ship to information during the checkout process.
Will I know When My Prank As Been Delivered?
Yes! When we fulfill your order you will be sent a shipping confirmation email that includes tracking information.
You will be able to track when your recipient receives the prank!