Information about Party Bus Tonight

Terms of use

Party Bus Tonight terms of use

By using the Party Bus Tonight website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations. In these Terms of Use, the words "you" "your" refer to each customer or Site visitor, "we", us" and "our" refer to Party Bus Tonight LLC, an Oregon limited liability company d/b/a Party Bus Tonight and "Services" refers to all services provided by us. 

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at hi@partybustonight.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Party Bus Tonight provides an online portal to give visitors the ability to shop for competitively priced party bus services.

 

2. Ownership.

This Site is owned and operated by Party Bus Tonight LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned by Party Bus Tonight. Except as otherwise expressly provided by Party Bus Tonight, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Party Bus Tonight's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Party Bus Tonight does not sell, license, lease or otherwise provide any of the services offered on the Site, other than providing the identity of third-party vendors who may be able to provide party bus type services. Any rights not expressly granted herein are reserved by Party Bus Tonight.

 

4. Rights and Responsibilities of Party Bus Tonight Users.

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Party Bus Tonight service that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content:

(i) that is known by you to be false, inaccurate or misleading;
(ii) that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. 
(iii) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). 
(iv) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. 
(v) that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
(vi) that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
(vii) that contains any computer virus, worms, or other potentially damaging computer programs or files;
(viii) that otherwise violates these Terms of Use.

You are not required to provide your real name when signing up as a user of Party Bus Tonight. Party Bus Tonight permits anonymous or pseudonymous accounts. Ratings and reviews will generally be posted in two to four business days. By submitting your email address in connection with your rating and review, you agree that Party Bus Tonight may use your email address to contact you about the status of your review and other administrative purposes.

 

5. NO WARRANTY.

PARTY BUS TONIGHT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND PARTY BUS TONIGHT IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE AFFILIATE, THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. PARTY BUS TONIGHT OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.THE PARTY BUS REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTY BUS TONIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PARTY BUS TONIGHT DOES NOT WARRANT, REPRESENT NOR IS RESPONSIBLE NOR LIABLE FOR VERIFYING, ENSURING, DOCUMENTING, OVERSEEING, ADMINISTERING, OR PLACING ANY NUMBER OF POTENTIAL OCCUPANTS, PROPER OR OTHERWISE, IN ANY CERTAIN VEHICLE OR PARTY BUS AND PARTY BUS TONIGHT DOES NOT NOR CANNOT VERIFY NOR REPRESENT THAT THE NUMBER OF TRAVELLING OCCUPANTS CAN BE SAFELY, LEGALLY, LOGISTICALLY, OR COMFORTABLY TRANSPORTED BY THE ULTIMATE PARTY BUS OR VEHICLE PROVIDER. SUCH OBLIGATIONS ARE THE OLBIGATION OF THE ACTUAL COMPANY, CARRIER, DRIVER, AND CUSTOMER AND NOT THAT OF PARTY BUS TONIGHT FOR ANY REASON REGARDLESS OF ANY EXISTING OR PRIOR REPRESENTATIONS MADE BY ANY PERSONS OR THINGS TO THE CONTRARY. PARTY BUS TONIGHT DOES NOT FIT THE SPECIFICS OR GENERAL REQUIREMENTS OF A CUSTOMER’S REQUEST FOR TRANSPORTION SERVICES WITH ANY PARTICULAR AFFILIATE OR ULTIMATE PROVIDER AND TAKES NO RESPONSIBILITY FOR THE NATURE OF THE VEHICLE PROVIDED, THE QUALIFICATIONS AND/OR LICENSE STATUS OF ANY DRIVERS, OR ANY OTHER ASPECT OF THE SERVICE ULTIMATELY RENDERED. IT IS THE CUSTOMER’S OBLIGATION TO VERIY DIRECTLY WITH THE ULTIMATE SERVICE PROVIDER THE NATURE OF THE TRANSPORTION SERVICE, THE SIZE OF THE VEHICLE, THE NUMBER OF PASSENGERS THE VEHICLE IS CAPABLE OF LEGALLY AND SAFELY TRANSPORTING, THE QUALIFICATIONS OF THE DRIVER OF THE VEHICLES AS WELL AS ANY AND ALL OTHER ASPECTS OF THE TO BE RENDERED AND REQUESTED TRANSPORTION SERVICE.

PARTY BUS TONIGHT MAKES NO WARRANTY THAT: (A) THE PARTY BUS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PARTY BUS SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE PARTY BUS SERVICES WILL BE ADEQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES (E) THE QUALITY OF ANY THE PARTY BUS SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE PARTY BUS SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. PARTY BUS TONIGHT MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR LIMOSINE SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES.

 

CONTRACTING FOR SUCH PARTY BUS SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PARTY BUS TONIGHT SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE PARTY BUS SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, PARTY BUS OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES.

 

7. LIMITATION OF LIABILITY.

IN NO EVENT SHALL PARTY BUS TONIGHT, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE PARTY BUS SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FURTHER, EXCEPT AS PERMITTED BY LAW. ANY AND ALL APPROPRIATE INQUIRIES CONCERNING DRIVERS OR OTHER PARTY BUS PERSONNEL SHOULD BE DIRECTED TO THE PARTY BUS COMPANY PROVIDING OR HAVING PROVIDED THE PARTY BUS SERVICES AND NOT PARTY BUS TONIGHT. PARTY BUS TONIGHT IS NOT RESPONSIBLE FOR THE PROCESSING OR PROVIDING OF ANY REFUNDS IN ANY AMOUNT REGARDLESS OF THE SITUATION OF CIRCUMSTANCE. ANY CLAIMS FOR REFUNDS, WHETHER PARTIAL OR IN FULL, MUST BE MADE DIRECTLY TO THE PARTY BUS COMPANY PROVIDING OR HAVING PROVIDED THE PARTY BUS SERVICES AND NOT PARTY BUS TONIGHT.

 

8. NON-REFUNDABLE DEPOSIT AND INFORMATION.

PARTY BUS TONIGHT REFUND POLICY DUE TO NON-SERVICE. THE PARTY BUS REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. PARTY BUS TONIGHT WILL ONLY PROCESS OR PROVIDE REFUNDS IF PARTY BUS TONIGHT IS UNABLE TO SECURE A PARTY BUS FOR YOU, OR THE PARTY BUS COMPLETELY FAILS TO APPEAR WITHIN ONE HOUR OF THE RESERVATION TIME AND LOCATION DESIGNATED IN YOUR ORDER AND YOU DO NOT RECEIVE ANY LIMOUSIME SERVICES WHATSOEVER DUE TO EITHER OF THE ABOVE SCENARIOS THEN PARTY BUS TONIGHT WILL PROVIDE YOU WITH A REFUND OF ANY AND ALL DEPOSITS PAID BY YOU. IN NO EVENT SHALL PARTY BUS TONIGHT, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE LIMOUSIME SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DEPOSITS PAID TO PARTY BUS TONIGHT ARE MERELY BOOKING FEES AND NOT PARTY BUS SERVICE FEES AND TO THE EXTENT PARTY BUS TONIGHT IS OBLIGATED TO REFUND ANY PORTION OF THE DEPOSITS MADE, SUCH REFUND IS LIMITED TO SUCH DEPOSITS/BOOKING FEES ACTUALLY COLLECTED BY PARTY BUS TONIGHT SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PARTY BUS TONIGHT FOR A PARTY BUS OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PARTY BUS TONIGHT.

 

9. PARTY BUS TONIGHT REFUND POLICY DUE TO INADEQUATE SERVICE.

ANY REQUESTS OR DEMANDS FOR REFUNDS IN PART OR IN WHOLE AS A RESULT OF ALLEGED DEFICIENCIES IN THE QUALITY OF THE PARTY BUS SERVICES RENDERED MUST BE MADE AND WILL ONLY BE PROCESSED BY THE PARTY BUS AFFILIATE COMPANY PROVIDING THE ACTUAL PARTY BUS SERVICE AND NOT PARTY BUS TONIGHT. NOTWITHSTANDING SAME, PARTY BUS TONIGHT RESERVES THE RIGHT TO OFFER AND/OR PROVIDE A CREDIT TOWARDS A FUTURE PARTY BUS RESERVATION AND ORDER FOR ANY DEFICIENT PARTY BUS SERVICES WHICH SHALL NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGMENT OF THE QUALITY OR APPROPRIATENESS OF THE SERVICES RENDERED BY THE AFFILIATE PARTY BUS COMPANY. SUCH CREDIT, TO THE EXTENT OFFERED AND AGREED UPON IN WRITING BY PARTY BUS TONIGHT SHALL BE LIMITED TO THE AMOUNT OF DEPOSITS PAID BY YOU. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PARTY BUS TONIGHT FOR A PARTY BUS OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNRED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE BALANCE OF ANY SUCH CREDIT CLAIMED BY YOU FOR DEFICIENT SERVICES MUST BE SOUGHT FROM THE AFFILIATE PARTY BUS COMPANY SCHEDULED TO PROVIDE THE SERVICES FOR YOU. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PARTY BUS TONIGHT. PARTY BUS TONIGHT MAKES NO WARRANTY THAT: (A) THE PARTY BUS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PARTY BUS SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE PARTY BUS SERVICES WILL BE ADQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES’ LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES (E) THE QUALITY OF ANY THE PARTY BUS SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE PARTY BUS SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. PARTY BUS TONIGHT MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR PARTY BUS SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES.CONTRACTING FOR SUCH PARTY BUS SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PARTY BUS TONIGHT SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE PARTY BUS SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, PARTY BUS OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT’S AFFILIATES OR ASSOCIATED PARTY BUS COMPANIES. Further, you acknowledge and agree that all information provided to Party Bus Tonight may be provided by Party Bus Tonight to any such affiliate or other such party bus company associated with Party Bus Tonight of whom it is intended will provide the party bus services to you. Such information includes, but is not limited to, your credit card number and other such information which by supplying to Party Bus Tonight automatically authorizes any such affiliate and/or other party bus company to utilize for all charging and billing purposes.

 

10. Indemnification.

You agree to defend, indemnify and hold harmless Party Bus Tonight, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials as well as the party bus services contracted by you through this Site.

 

11. Unsolicited Submissions.

Except as may be required in connection with your use of Party Bus Tonight Services, Party Bus Tonight does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Party Bus Tonight through or in association with this Site shall be considered non-confidential and Party Bus Tonight's property.

 

12. Compliance with Intellectual Property Laws.

When accessing Party Bus Tonight, you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Party Bus Tonight user account.

 

13. Governing Law; Venue, Attorneys Fees.

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Oregon excluding its choice of law rules. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. Any such litigation arising out your use of the Site and/or involving Party Bus Tonight shall be brought and venued in Multnomah County, Oregon and the prevailing party in any such litigation, including without limitation, all court costs, expert fees, appellate attorneys fees, shall be reimbursed by the non-prevailing party. Notwithstanding same, to the extent a conflict exists between the terms set forth in paragraph 19 as involving Arbitration and Class Action Waiver the terms of the paragraph requiring mandatory Arbitration and Class Action Waiver shall control and take priority over the terms of this paragraph.

 

14. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2019, Party Bus Tonight LLC. ALL RIGHTS RESERVED.

 

15. Trademarks.

Party Bus Tonight and Party Bus Tonight.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Party Bus Tonight. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

17. Acknowledgement.

BY USING PARTY BUS TONIGHT'S SERVICES OR ACCESSING THE PARTY BUS TONIGHT SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. The terms set forth herein supersede and take priority over any other materials, website, copy, documents, representations oral or written, as involving Party Bus Tonight.

 

18. General Practices Regarding Use and Storage.

You acknowledge that Party Bus Tonight may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that data, schedules, calendars, or other uploaded content will be retained by Party Bus Tonight, the maximum number of messages that may be sent from or received, the maximum size of any message that may be sent from or received by an account, the maximum disk space that will be allotted on Party Bus Tonight's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Party Bus Tonight has no responsibility or liability for the deletion or failure to store any messages, other communications, or other content maintained or transmitted by the Party Bus Tonight.

 

19. ARBITRATION.

Except for money you owe Party Bus Tonight, our affiliates, designated sources or approved suppliers and except for controversies, disputes or claims related to or based on your use of the Marks after the expiration or termination of this Agreement, all controversies, disputes or claims between Party Bus Tonight and our shareholders, officers, directors, agents and employees and you (your owners, guarantors, affiliates and employees, if applicable) arising out of or related to:

  • 19.1. This Agreement or any other agreement between you and Party Bus Tonight or any provision of any such agreement; our relationship with you; the validity of this Agreement or any other agreement between you and Party Bus Tonight or any provisions of any such agreement; will be submitted for arbitration to the office of the American Arbitration Association in Multnomah County, Oregon or such nearest location. Such arbitration proceedings will be conducted in such office, except as otherwise provided in this agreement, and will be heard by one arbitrator in accordance with the then current commercial arbitration rules of the American Arbitration Association. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et. seq.) and not by any state arbitration law.
  • 19.2 The arbitrator will have the right to award or include in his award any relief which he deems proper in the circumstances, including, without limitation, money damages (with interest on unpaid amounts from the date due), specific performance, injunctive relief and attorney’s fees and costs, provided that the arbitrator will not have the right to declare any Marks generic or otherwise invalid or, except as otherwise provided, to award exemplary or punitive damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto, and judgment upon the award may be entered in any court of competent jurisdiction.
  • 19.3 Party Bus Tonight and you agree to be bound by the provisions of any limitation on the period of time in which claims must be brought under applicable law or this Agreement, whichever expires earlier. Party Bus Tonight and you further agree that, in connection with any such arbitration proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed as described above will be forever barred.
  • 19.4 CLASS ACTION WAIVER: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and Party Bus Tonight alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Party Bus Tonight and you agree that an arbitration proceeding between Party Bus Tonight and our shareholders, officers, directors, agents and employees and you (and/or your owners, guarantors, affiliates and employees, if applicable) may not be consolidated with any other arbitration proceeding between Party Bus Tonight and any other person, corporation or partnership.
  • 19.5 Notwithstanding anything to the contrary contained in this Article, Party Bus Tonight and you each have the right in a proper case to obtain temporary restraining orders and temporary or preliminary injunctive relief from a court of competent jurisdiction; provided, however, that Party Bus Tonight and you must contemporaneously submit our dispute for arbitration on the merits as provided herein.
  • 19.6 The provisions of this Article are intended to benefit and bind certain of your third party non-signatories and will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

 

20. GOVERNING LAW.

All matters relating to arbitration will be governed by the FEDERAL ARBITRATION ACT (9 U.S.C. 1 et. seq.). Except to the extent governed by the Federal Arbitration Act as required hereby, the UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. 1051 et. seq.) or other federal law, this Agreement, and all claims arising from the relationship between Party Bus Tonight and you will be governed by the laws of the State of Oregon, without regard to its conflict of laws principles, except that any law regulating the sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless jurisdictional requirements are met independently without reference to this Article.

 

21. CONSENT TO JURISDICTION.

Subject to Article 25.12. hereof, you and your owners agree that Party Bus Tonight may institute any action against you or your owners in any state or federal court of general jurisdiction in Multnomah County, Oregon, and you (and each owner) irrevocably submit to the jurisdiction of such courts and waive any objection you (or her or she) may have to either the jurisdiction of or venue in such courts for the purpose of confirming any such arbitration award and/or enforcement thereof.

 

22. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL.

Except with respect to your obligation to indemnify Party Bus Tonight, in the Agreement, hereof and claims Party Bus Tonight bring against you for your unauthorized use of the Marks or unauthorized use or disclosure of any confidential information, Party Bus Tonight and you and your respective owners waive to the fullest extent permitted by law any right to or claim for any punitive or exemplary damages against the other and agree that, in the event of a dispute between Party Bus Tonight, the party making a claim will be limited to equitable relief and to recovery of any actual damages it sustains. Party Bus Tonight and you irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either of Party Bus Tonight.

 

 

Terms of Service

We do not endorse or recommend the services of any particular company. The transportation companies are not employees or agents of ours, nor are we an agent of the companies. We do not perform, and is not responsible for, any of the services requested by you in your service request. Your rights with affiliate companies are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any PARTY BUS OR BUS company, you must address such dispute with the affiliate company directly. We don't take measures to examine the credentials of our affiliate companies; we make no guarantees or representations regarding the skills or representations of such transportation service or the quality of the service that he or she may perform for you if you elect to hire their services.

 

YOU HEREBY AGREE TO RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH AFFILIATE COMPANIES. PARTY BUS TONIGHT WILL IN NO WAY BE HELD LIABLE FOR ANY INJURIES OR CLAIMS THAT MAY ARISE FROM ANY OCCURRENCE THAT MAY HAPPEN WHILE DEALING WITH THE AFFILIATE SERVICES. THE AFFILIATE SERVICE IS SOLELY LIABLE FOR ANY AND ALL CLAIMS.

 

SATISFACTION PROCESS: While we cannot guarantee the work performed by an affiliate company, and while we have no obligation to you with regard to your relationship with a company, our resolution process has been developed to try and assist you in resolving any problems that may arise in the course of Party Bus service and which may be the fault of a company who you learned about through the Company Services. Although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and an affiliate company. You must participate and use good faith efforts to resolve problems through the Company resolution process. Such limited assistance in no way nullifies the release and indemnification described in these terms.

 

1. ALL PAYMENTS ARE NON-REFUNDABLE WITHIN 14 DAYS OF PICKUP DATE. Cancellations must be done via writing to Party Bus Tonight 14 days prior to your rental. If you want to cancel your booking, and there are less than 14 Days until your rental, you will be responsible to pay the total contract price which will be charged to the credit card on file. If there are more than 14 days until your rental you can cancel and receive a full refund. The day you reserve the party bus does not matter, meaning if you book the party bus with only 5 days until your pickup date, there are no cancellations without being billed the total contract price.

 

2. No one under age 21 is permitted to consume alcohol, if alcohol Is permitted in the rented vehicle. Violation will result in early termination of service-no refunds.

 

3. No smoking in the vehicles. Violation will result in a $100 fine per incident. No exceptions.

 

4. There will be a $150 cleaning surcharge for vomit incidents.

 

5. All tolls and parking fees are in addition to the contract price and must be paid separately.

 

6. Persons who are unruly or disruptive or conduct illegal activities will be removed from the vehicles at the discretion of the driver and no refunds will be issued.

 

7. We are not responsible for lost, damaged, or stolen property.

 

8. No illegal drug usage. Violation will result in early termination with no refunds.

 

9. Overtime will be billed in half hour increments. By agreeing to service with Party Bus Tonight the customer is agreeing to pay for overtime accrued. Half hour rate is determined by the hourly rate divided in half.

10. In certain states, there is a sales tax charge. Sales tax is not included in the rental prices online.

 

11. If your final drop off is not in the same vicinity as your initial pick up additional charges may apply.

 

12.In Case of Severe Weather and a cancellation on the part of the Affiliate company, the Affiliate Company will determine the appropriate procedure.

 

13. PARTY BUS TONIGHT REFUND POLICY DUE TO NON-SERVICE. THE PARTY BUS REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. PARTY BUS TONIGHT WILL ONLY PROCESS OR PROVIDE REFUNDS IF PARTY BUS TONIGHT IS UNABLE TO SECURE A PARTY BUS FOR YOU, OR THE PARTY BUS COMPLETELY FAILS TO APPEAR WITHIN ONE HOUR OF THE RESERVATION TIME AND LOCATION DESIGNATED IN YOUR ORDER AND YOU DO NOT RECEIVE ANY PARTY BUS OR BUS SERVICES WHATSOEVER DUE TO EITHER OF THE ABOVE SCENARIOS THEN PARTY BUS TONIGHT WILL PROVIDE YOU WITH A REFUND OF ANY AND ALL DEPOSITS PAID BY YOU. IN NO EVENT SHALL PARTY BUS TONIGHT, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND/OR THE PARTY BUS OR BUS SERVICES CONTRACTED FOR BY YOU. YOU ASSUME ANY COSTS THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE DEPOSITS PAID TO PARTY BUS TONIGHT ARE MERELY BOOKING FEES AND NOT PARTY BUS OR BUS SERVICE FEES AND TO THE EXTENT PARTY BUS TONIGHT IS OBLIGATED TO REFUND ANY PORTION OF THE DEPOSITS MADE, SUCH REFUND IS LIMITED TO SUCH DEPOSITS/BOOKING FEES ACTUALLY COLLECTED BY PARTY BUS TONIGHT SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PARTY BUS TONIGHT FOR A PARTY BUS OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PARTY BUS TONIGHT.

 

14. PARTY BUS TONIGHT REFUND POLICY DUE TO INADEQUATE SERVICE. ANY REQUESTS OR DEMANDS FOR REFUNDS IN PART OR IN WHOLE AS A RESULT OF ALLEGED DEFICIENCIES IN THE QUALITY OF THE PARTY BUS OR BUS SERVICES RENDERED MUST BE MADE AND WILL ONLY BE PROCESSED BY THE PARTY BUS AFFILIATE COMPANY PROVIDING THE ACTUAL PARTY BUS OR BUS SERVICE AND NOT PARTY BUS TONIGHT. NOTWITHSTANDING SAME, PARTY BUS TONIGHT RESERVES THE RIGHT TO OFFER AND/OR PROVIDE A CREDIT TOWARDS A FUTURE PARTY BUS RESERVATION AND ORDER FOR ANY DEFICIENT PARTY BUS OR BUS SERVICES WHICH SHALL NOT CONSTITUTE AN ADMISSION OR ACKNOWLEDGMENT OF THE QUALITY OR APPROPRIATENESS OF THE SERVICES RENDERED BY THE AFFILIATE PARTY BUS OR BUS COMPANY. SUCH CREDIT, TO THE EXTENT OFFERED AND AGREED UPON IN WRITING BY PARTY BUS TONIGHT SHALL BE LIMITED TO THE AMOUNT OF DEPOSITS PAID BY YOU. ANY SUCH CREDIT MUST BE USED TOWARDS A BOOKING WITH PARTY BUS TONIGHT FOR A PARTY BUS OF EQUAL OR GREATER PRICING THAN THE ORIGINAL BOOKING MEANING NO MONIES WILL BE RETURNED TO YOU NOR ARE YOU ENTITLED TO CREDITS FOR MORE THAN ONE FUTURE BOOKING. THE BALANCE OF ANY SUCH CREDIT CLAIMED BY YOU FOR DEFICIENT SERVICES MUST BE SOUGHT FROM THE AFFILIATE PARTY BUS OR BUS COMPANY SCHEDULED TO PROVIDE THE SERVICES FOR YOU. THE ACCEPTANCE OF ANY SUCH CREDIT SHALL BE DEEMED A FULL AND FINAL SATISFACTION OF ALL CLAIMS MADE BY YOU AND/OR OBLIGATIONS TO REFUND ANY MONIES TO YOU IN FAVOR OF PARTY BUS TONIGHT. PARTY BUS TONIGHT DOES NOT PROVIDE TRANSPORTATION SERVICES, AND PARTY BUS TONIGHT IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE AFFILIATE, THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. PARTY BUS TONIGHT OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.THE PARTY BUS REFERRAL SERVICES PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTY BUS TONIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PARTY BUS TONIGHT MAKES NO WARRANTY THAT: (A) THE PARTY BUS SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PARTY BUS OR BUS SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE PARTY BUS OR BUS SERVICES WILL BE ADEQUATE OR RELIABLE; (D) AS TO THE STATUS OF ANY OF PARTY BUS TONIGHT'S AFFILIATES OR ASSOCIATED PARTY BUS OR BUS COMPANIES' LICENSES, PERMITS, DRIVING HISTORY, SAFETY PRECAUTIONARY PROCEDURES, QUALITY OF DRIVERS EMPLOYED OR ANY OTHER ASPECT OF PARTY BUS TONIGHT'S AFFILIATES OR ASSOCIATED PARTY BUS OR BUS COMPANIES (E) THE QUALITY OF ANY THE PARTY BUS OR BUS SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE; (F) THE QUALITY AND/OR DRIVING RECORD OF THE DRIVER(S) UTILIZED BY THE COMPANY FURNISHING THE PARTY BUS OR BUS SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. PARTY BUS TONIGHT MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE DISTRIBUTION AND DIVISION OF MONIES PAID FOR BY YOU OR OTHER PERSONS/ENTITIES FOR PARTY BUS OR BUS SERVICES INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY THAT GRATUITY PAYMENTS AND/OR TIPS, AS MAY BE QUOTED, STATED OR PAID FOR SHALL ACTUALLY BE DISBURSED TO ANY DRIVER, PERSON, COMPANY, OR THIRD PARTY REGARDLESS OF ANY SUCH DESIGNATION OR STATEMENT TO SUCH EFFECT ANYWHERE WITHIN THE MATERIALS, WEBSITE, OR DOCUMENTATION AS INVOLVING PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT'S AFFILIATES OR ASSOCIATED PARTY BUS OR BUS COMPANIES.CONTRACTING FOR SUCH PARTY BUS OR BUS SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PARTY BUS TONIGHT SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS, INJURY, DAMAGE, FINES, PENALTIES, COMPENSATION OR OTHER AMOUNTS THAT RESULT THE PARTY BUS OR BUS SERVICES CONTRACTED FOR BY YOU THROUGH THIS SITE. PICTURES, DEPICTIONS, OR PHOTOGRAPHS ON THE WEBSITE OR ANY OTHER ADVERTISEMENT OR OTHER SUCH MATERIALS OF ANY PARTICULAR VEHICLE, PARTY BUS OR OTHERWISE, ARE NOT NECESSARILY REPRESENTATIVE OF THE TYPE, MAKE, MODEL, CAPACITY, UTILITY, COLOR, OR QUALITY OF ANY SUCH VEHICLES WHICH MAY BE PROVIDED OR UTILIZED BY PARTY BUS TONIGHT OR ANY OF PARTY BUS TONIGHT'S AFFILIATES OR ASSOCIATED PARTY BUS OR BUS COMPANIES.

 

17. FURTHER CONTRACT OBLIGATIONS: I understand and agree to the length and usage along with any charges and further agree to pay for any and all damages my party may cause during the rental periods. I also agree to the PARTY BUS Rules and Regulations. I understand and agree to pay the entire contract price if cancellation policy is not followed. I understand the number of hours listed on this contract is the minimum hours I am agreeing to pay and that I am responsible for any overtime incurred. I understand that by signing this contract, I'm agreeing to all the rules and terms of the contract and authorizing Party Bus Tonight & Affiliate Company to charge my credit card for the agreed contract price.

 

YOU HEREBY AGREE TO RELEASE PARTY BUS TONIGHT (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH AFFILIATE COMPANIES. PARTY BUS TONIGHT WILL IN NO WAY BE HELD LIABLE FOR ANY INJURIES OR CLAIMS THAT MAY ARISE FROM ANY OCCURRENCE THAT MAY HAPPEN WHILE DEALING WITH THE AFFILIATE SERVICES.THE AFFILIATE SERVICE IS SOLELY LIABLE FOR ANY AND ALL CLAIMS. PARTY BUS TONIGHT ACTS AS A BOOKING AGENT ONLY.