TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY OF OUR PRODUCTS.
BY ACCESSING OUR WEBSITE, PURCHASING OUR PRODUCTS OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OUR TERMS. IF YOU DO NOT AGREE TO ALL OUR TERMS, YOU MAY NOT USE ANY OF OUR SERVICES.
We can change these Terms at any time. If a change is material, we will notify you before it takes effect (“Effective Date”). Read Section 7 below for details.
IMPORTANT NOTICE: UNLESS YOU CHOOSE TO OPT-OUT AS PROVIDED FOR IN SECTION 13, THESE TERMS INCLUDE AN AGREEMENT TO BINDING ARBITRATION OF CERTAIN DISPUTES AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. READ SECTION 13 BELOW CAREFULLY.
Table of Contents
- Eligibility, Supervision, & Services "AS IS"
- License and Rights to use the Services
- User Accounts, Fees and Features
- Conditions of Use
- Content Licenses and Ownership
- Third-Party Services
- Term and Termination
- Risks & Disclaimer of Warranty
- Fees, Costs, Taxes, Equipment, Software
- Dispute Resolution
- Miscellaneous Provisions
- Eligibility, "As Is", & Data Transfers
1.1. Eligibility & Authorization. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use our Services. We reserve the right to refuse offering or providing our Service to anyone for any reason at any time.
1.2. Services Offered "AS IS" Without Warranties or Representations. We strive to provide great Services, but there are certain things that we can't guarantee. For this reason, you acknowledge that all our Services are available on an AS IS basis without representations or warranties of any kind. Without limiting the generality of the foregoing, there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated. Please read Section 10 below to understand all these disclaimers and your agreement to use all the Services at your own risk.
- Licenses and Rights to Use the Services
2.1. Grant. The Services, including but not limited to all software contained therein, are licensed to you, not sold. With respect to all Services, the Company grants you a personal, limited, non-transferable, non-sublicensable, revocable and nonexclusive license to use and access the Services, including any software, for personal, non-commercial use and subject to your compliance with the Terms. You may not sublicense, rent, lease, transfer or otherwise distribute the Services or any sub portion thereof.
2.2. Limitations. Your right to use the Services is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component thereof. You are prohibited from making any copies of the Services or any component thereof available on a network where it could be used or downloaded by multiple users.
2.3. Reservations. We reserve all right, title and interest in the Services. The Company or its licensors own or reserve all rights, including all right, title and interest in the Services and associated intellectual property rights, including without limitation, the Services look and feel. This license confers no title or ownership in the Services, including the software, and should not be construed as a sale of any rights therein. Some parts of the Services are licensed under third party licenses. You may not adapt any portion of our Services or software code or visual design elements (including logos and trademarks) without our express written permission, unless otherwise provided by law.
2.4. Updates, Changes, and Termination. We may change, terminate or restrict access to any aspect of the Services, at any time, without notice. Company shall have no obligation to provide any updates or upgrades to any Services, including any software. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
2.5. Injunction. Because MM would be irreparably damaged if this section were not specifically enforced, you agree that we shall be entitled to appropriate equitable measures, without bond, other security or proof of damages, with respect to breaches hereof, in addition to such other remedies as we may otherwise have under applicable law.
- User Accounts, Payments & Charges, Restricitons.
3.1. Registration. To access and use certain features of the Services, you will be required to register for an account. By creating an account, you agree: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; (iii) promptly provide notice at [by emailing us at firstname.lastname@example.org or mailing us at: HipDot, c/o MM Inc. 12435 Oxnard St. North Hollywood CA 91606. If you discover or otherwise suspect any security breaches related to the Services; and; (iv) abide by applicable user conduct rules, including username rules we post on our Services. This means that you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.2. Payment Features and Charges. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES, COSTS, TAXES, EQUIPMENT, AND SOFTWARE THAT YOU MAY INCUR IN CONNECTION WITH YOUR ACCOUNT OR USE OF THE SERVICES. Read carefully Section 11 below for additional details.
3.3. Reservations and Restrictions. 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, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Conditions of Use and Commerce
4.1. Conditions of Use. These conditions of use are not meant to be exhaustive, and we reserve the right to determine in our sole discretion what conduct we consider to be an improper use of the Services and a violation of these Terms. Without limiting the generality of the foregoing, when you access or use the Services, you agree that you will not:
- Violate any applicable law or regulation;
- Access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;
- Access or search the Services by any means other than the currently available published interfaces (e.g., APIs) that we provide;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send deceptive or false, source-identifying information;
- Use any robot, spider, crawler, scraper or other automated device, means, or process not provided or authorized to access the Services, copy material, or extract data. (Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file.);
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties;
- Interfere with or disrupt another user’s access to or use of the Services;
- Contribute user generated content or “UGC”, as described in Section 5.1 below and including screen names and personas;, or organize or participate in any activity that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise objectionable in our sole discretion;
- Publish, post, upload or distribute UGC without appropriate permission or legal authorization;
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities;
- Impersonate another person or falsely imply that you are our employee or representative of the Company or our partner;
- Improperly use support or complaint buttons or make false reports to our staff;
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services;
- Modify any file or any other part of the Services without prior, express authorization from Company;
- Use exploits, cheats, undocumented features, design errors or problems in the Services.
- Use the Services in a country in which Company is prohibited from offering under applicable export control laws; and/or
- Promote, encourage or take part in any prohibited activity, described above.
4.2. Ecommerce Services. The Services, including our website store at https://hipdotshop.com/ (the "Store"), contains an online ecommerce store for hardware sales. MM also may use third-party service providers to operate the Store and/or process payments. For example, currently our store is hosted on Shopify Inc. and it provides us with the online e-commerce platform that allows us to sell our products and services to you. The third-party service provider, currently Shopify, provides service terms and privacy policies that also govern your use of the Store and online purchases. MM strives to make the descriptions of its products and services as accurate as possible, but MM does not warrant that any such descriptions are complete, accurate, up-to-date, or error-free. If you don't love something and need to return it, please email us at email@example.com and we will do our best to address our concerns. However, please be aware that if you purchase a product through us and you believe it is not as described on the site, your sole remedy is to return the product in accordance with our return policy, which is incorporated as part of these Terms and is found on our site. Certain products or services may have limited quantities. We have undertaken effort to display accurately the colors and images of our products that appear at the store, but cannot guarantee that your computer monitor's display of any color will be similar. We reserve the right, but are not obligated, 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 reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Please read Section 10 carefully for details on risks, disclaimers of warranties and limitations of liability.
- Content & Copyright Complaints
5.1. Content and UGC. The Services includes content ("Content”), by which we mean the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from the Services, as well as the design and appearance of our web sites. Content also includes user-generated Content ("UGC"). UGC includes any user personas, forum posts, profile content and other Content contributed by users to the Services. By posting content to the Services or “UGC,” you give us a nonexclusive license to publish it on the Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it and also includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised.
5.2. Limited Screening of UGC. Company reserves the right to delete UGC but does not assume any responsibility or liability for UGC. This also means the Company does not pre-screen all UGC and does not endorse or approve any UGC available on the Services. We may also use UGC to promote our Services, including its products and content.
5.3. User Content Responsibilities. You are also responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting content to the Services, you are representing that you have the right to do so. We can remove any content you post for any reason.
5.4. User Feedback. Separate and apart from UGC you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Company and our Services (collectively, “Feedback”). You agree that Company shall be able to use the Feedback in any way it may choose without any obligation to you.
5.5. Copyright Complaints & DMCA. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we remove material after receiving a valid DMCA compliant takedown notice. Under our DMCA Policy, we will terminate, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: email: firstname.lastname@example.org or mailing us at: HipDot, c/o MM Inc.
12435 Oxnard St. North Hollywood CA 91606. Please see the legal requirements of a proper notification under DMCA, 17 U.S.C. §512(c)(3), available at here and at the following address: http://www.copyright.gov/title17/92chap5.html#512. If you knowingly misrepresent in your notification that the material or activity is infringing or violating any existing trademarks, copyrights, patents, or other legal rights, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Elements or components of the Services may be delivered via servers and technology not owned or controlled by Company (e.g. Facebook). Company does not control those services and is not responsible for your use of the Services on or through them. These third party services may subject you to additional or different terms and restrictions. Our Services contain links to websites and services provided by independent companies. Those sites may collect data or solicit personal information from you. Company does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
- Changes to these Terms
Company reserves the right to make change to these Terms at any time. If a change is material, we will notify you before the changes take effect (“Effective Date”) by sending you an email notification (at the address you’ve provided), posting a notice on or through the Services, and/or providing a new Effective Date above. By using the Services on or after the Effective Date, you agree to the new Terms. If you don’t accept the new Terms, you should delete your account before they take effect; otherwise, your use of the Services will be subject to the new Terms.
In accordance with provisions in the Terms requiring that Company give notice to you, Company will do so by means of a general notice on this page of our website or email to your email address on record in your account (if you have created an account) at Company’ discretion. If you are required under the Terms to give notice to Company, you can do so by means of email to: by emailing us at email@example.com or by first class mail, postage prepaid, or overnight courier to Hipdotshop, Attention: MM Inc. Legal, 12435 Oxnard St. North Hollywood CA 91606.
- Term and Termination
This Agreement is effective until terminated by you or Company in accordance with the notice provisions below. Company may terminate your access and use of the Services or your authorized account if Company determines that you have violated the Terms or that there has been otherwise unlawful, improper or fraudulent use of the Services associated. When practical, Company will notify you of the termination. Upon termination, your license under the Terms also shall terminate.
- Risks & Disclaimer of Warranty
10.1. RISK & SPECIAL NOTICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE USE OR OPERATION OF THE SOFTWARE OF THE SERVICES WILL BE UNITERRUPTED OR ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING YOU AGREE THAT YOU USE OR ACCESS ALL SOFTWARE AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR USER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM USE OF ANY SOFTWARE.
10.2. NO WARRANTY. MM PROVIDES THE SERVICES ON AN AS IS AND AS AVAILABLE BASIS. THIS MEANS YOU USE SERVICES AT YOUR OWN RISK AND DISCRETION AND OUR SERVICES DON’T COME WITH ANY WARRANTY - NEITHER EXPRESS, NOR IMPLIED WARRANTIES OF ANY KIND, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY TITLE OR NON-INFRINGEMENT. ANY SUPPORT OR ASSISTANCE WITH RESPECT TO THE SERVICES OR SOFTWARE IS ALSO PROIVDED AS IS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
10.3. LIMITATION OF LIABILITY. WE WON’T BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USING THE SERVICES. THIS LIMITATION INCLUDES IF THE SERVICES ARE HACKED OR UNAVAILABLE AND IT INCLUDES ALL TYPES OF DAMAGES (INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). THE LIMITATION ALSO INCLUDES ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LOSS. SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
10.4. NO RELIANCE AND DISCLAIMER MATERIALITY. NOTHING STATED BY ANY MM AGENT, AFFILIATE, SUPPLIER OR IN ANY OTHER DOCUMENTATION OR MATERIAL FOR ANY SOFTWARE OR SERVICES SHALL GRANT ANY WARRANTY PROTECTION BEYOND THE SCOPE OF THIS PARAGRAPH. You agree that all sections, clauses and elements contained in the Terms that limit liability and disclaim warranties are material and essential terms of the Terms and that MM would not grant you the rights granted in these Terms without your agreement to so limit liability and disclaim warranties.
- Fees, Costs, Taxes, Equipment, Software
11.1 Fees and Costs. Your mobile network may charge you provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
11.2 Taxes. If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
11.3 Equipment, Software and Updates. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES, COSTS, TAXES, EQUIPMENT, AND SOFTWARE THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES. Certain equipment and software is required to access and use the Services. You must also provide at your own expense the equipment, software, Internet connections or devices and/or service plans to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.
You agree to defend, indemnify and hold harmless Company, and any of its directors, officers, employees, affiliates or agents contractors, licensors, service providers, subcontractors, suppliers, interns), from and against any and all demands, claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of the Terms (including the documents they incorporate by reference), or your violation of any law or the rights of a third-party.
- Dispute Resolution
13.1. Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Company may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Company or its assigns may be entitled under these Terms or applicable law, in the event of any actual or threatened breach of the Terms by you or on your behalf, Company would be irreparably damaged if these Terms were not specially enforced and, as such, you agree that Company shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of the Services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to these Terms or the Services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13.2. JURY WAIVER. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
13.3. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. You may opt out by emailing us at firstname.lastname@example.org or sending us written notification at MM Inc., Attention: Legal, 12435 Oxnard St. North Hollywood CA 91606.. You must notify us by emailing or posting within 30 days of the date that you first became subject to this arbitration provision, and must your notification must include your name and residence address, the email address you use for your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Your decision to opt-out of arbitration will have no adverse effect on your relationship with us. Unless you choose to opt out, this dispute resolution provision in Section 13 shall survive termination of the Terms.
- Miscellaneous Provisions
14.1. Headings & Entire Agreement. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. The Terms are the entire understanding and agreement between you and Company with respect to the Services, and supersedes any prior written or oral agreements between the parties.
14.2. Assignment. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Company, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
14.3. No Waiver. Any failure to exercise any right provided in the Terms shall not be a waiver of prior or subsequent rights.
14.4. Severability. If a court of competent jurisdiction finds any provision of these Terms invalid, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
14.5. Governing Law. California law governs these Terms, without reference to its conflict of laws principles. You agree that any suit arising from the Services must take place in a court located in Los Angeles County California.
15. Contact. If you have any questions about these Terms, please direct all correspondence to email@example.com or MM Inc., Attention: Legal, 12435 Oxnard St. North Hollywood CA 91606.