Terms of Service & Disclosures
Effective Date: October 2nd, 2023
Last Updated: October 2nd, 2023
Welcome to HipTen LLC ("HipTen," "we," "our," or "us"). These Terms of Service and Disclosures ("Terms") govern your use of the website www.hipten.com, its subdomains, and related services (collectively, the "site"). Please read these Terms carefully before using our site. By accessing or using the site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the site.
1. User Acknowledgment and Acceptance of Terms
By using this site, you agree to be bound by these Terms, as well as any additional posted rules and policies. These Terms are effective as of July 6, 2023. We reserve the right to modify these Terms at any time without notice. It is your responsibility to review these Terms periodically and familiarize yourself with any changes. Your continued use of the site after any modifications constitutes your acceptance of the modified Terms.
2. Registration Data and Privacy
To access certain information on this site, you may be required to provide Registration Data, which includes personal information. By registering, you agree that the provided information is accurate and will be kept up-to-date. You grant us the right to disclose certain Registration Data as described in our Privacy Policy, which is incorporated by reference into these Terms.
3. Conduct on Site
Your use of the site must comply with all applicable laws and regulations. You agree not to engage in any conduct that:
Is unlawful, threatening, abusive, harassing, defamatory, fraudulent, deceptive, or invasive of another's privacy.
Harms, harasses, discriminates, or intimidates others based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
Violates any intellectual property rights, including patents, trademarks, copyrights, or trade secrets.
Involves unauthorized or unsolicited advertising, spam, chain letters, or any form of unauthorized solicitation.
Contains software viruses, malware, or any code designed to disrupt, damage, or access third-party data.
We reserve the right to remove content that violates these Terms or is otherwise objectionable at our discretion.
4. Third-Party Sites and Information
The site may contain links to third-party websites and references to third-party information or services. We are not responsible for the content, accuracy, legality, or decency of such third-party materials. Any use or interaction with third-party websites or services is at your own risk, and their terms and policies apply.
5. Intellectual Property Information
All content on this site, including text, graphics, logos, and trademarks, is protected by intellectual property rights. You may use content only as expressly authorized by us or the specific content provider. Unauthorized use may violate copyright, trademark, and other laws.
6. Disclaimer of Warranties
All materials and services on this site are provided "as is" and "as available" without warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the site will be error-free or uninterrupted.
7. Limitation of Liability
We and our affiliates are not liable for any special, punitive, indirect, or consequential damages arising from your use of the site. Your use of the site is at your own risk.
8. Indemnification
You agree to defend, indemnify, and hold us and our affiliates harmless from any liabilities, claims, and expenses resulting from your use of the site or violation of these Terms.
9. Termination of Use
We may terminate or suspend your access to the site at our discretion, with or without notice, for any reason, including breach of these Terms.
10. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Florida with respect to such matters.
11. Entire Agreement
These Terms constitute the entire agreement between you and HipTen regarding the site and supersede all prior agreements.
12. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at help@hipten.com.
13. Enforcement and Dispute Resolution
Any disputes arising from these Terms shall be resolved through mediation, and if necessary, through litigation in accordance with the laws of the State of Florida.
14. Assignment of Rights
You may not assign your rights and obligations under these Terms. We may assign our rights and obligations without restriction.
15. Non-Delivery or Delay
We are not liable for non-delivery or delay of products and services arising from events beyond our reasonable control.
16. Severability
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
17. No Waiver
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Further, no waiver of any provision or breach hereof is a waiver of any other provision or breach. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended.
18. Section Headings
Section headings are for convenience and have no legal significance.
19. Remedies Cumulative
All remedies provided in these Terms are cumulative and in addition to other remedies available at law.
20. Electronic Communications
When you visit the website or send emails to HipTen, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by HipTen. If you notice that any user is violating these Terms of Use, please contact us at help@hipten.com.
These Terms were last modified on October 2nd, 2023.