Thanks for using our products and services (“Services”). The Services are provided by HipHipGo, Inc. (“HipHipGo”), located at 50 Alta St. #1, San Francisco, CA 94133, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Effective March 10, 2019
We refer to HipHipGo, Inc. as “HipHipGo” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by HipHipGo, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a HipHipGo account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your HipHipGo Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify HipHipGo of any unauthorized uses of your account, or any other breaches of security. HipHipGo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you add or log material to your account, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using HipHipGo, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to HipHipGo for inclusion in your account, you grant HipHipGo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, aggregate, and publish the Content. This license allows HipHipGo to make publicly-posted content available to third parties selected by HipHipGo so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, HipHipGo will use reasonable efforts to remove it from the service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, HipHipGo has the right (though not the obligation) to, in HipHipGo’s sole discretion, (i) reclaim your username or remove your submitted content due to prolonged inactivity, (ii) refuse or remove any content that, in HipHipGo’s reasonable opinion, violates any HipHipGo policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the Services to any individual or entity for any reason. HipHipGo will have no obligation to provide a refund of any amounts previously paid.
We have not reviewed, and cannot review, all of the material posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see “Copyright Infringement and DMCA Policy” below to submit copyright complaints) and other proprietary rights, of third parties.
Fees. Some of our Services are offered for a fee while other Services may be free with optional paid upgrades, such as a HipHipGo plan (“Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a HipHipGo annual plan, you will be charged each year.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
The Services are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor before using the Services, engaging in exercise, or making dietary changes.
We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Service. If you engage in any exercise program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
We aim to publish useful and accurate information on the Service, but we make no endorsement, representation, or warranty of any kind about any HipHipGo Content, information, or services. The accuracy of the data collected and presented through the HipHipGo Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the HipHipGo Service. HipHipGo Content and the HipHipGo Service may change from time to time or vary by geographic location. Maps and GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, incomplete, or otherwise unreliable.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which hiphipgo.com links, and that link to hiphipgo.com. HipHipGo does not have any control over those non-hiphipgo.com websites, and is not responsible for their contents or their use. By linking to a non-hiphipgo.com website, HipHipGo does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HipHipGo disclaims any responsibility for any harm resulting from your use of non-hiphipgo.com websites and webpages.
You may enable services, products, software (like integrations), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
If you believe that anything on or linked by hiphipgo.com or 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.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:Thomas Welfley
To be effective, the notification must be a written communication that includes the following:
We may give notice of a claim of copyright infringement to our users by means of a general notice through the service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, HipHipGo has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of HipHipGo, subscribers or account holders who are deemed to be repeat infringers. HipHipGo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Agreement does not transfer from HipHipGo to you any HipHipGo or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HipHipGo. HipHipGo, the HipHipGo logo, and all other trademarks, service marks, graphics and logos used in connection with hiphipgo.com or our Services, are trademarks or registered trademarks of HipHipGo or HipHipGo’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any HipHipGo or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting here, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
HipHipGo may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HipHipGo account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” HipHipGo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HipHipGo nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
In no event will HipHipGo, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HipHipGo under this Agreement during the twelve (12) month period prior to the cause of action. HipHipGo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that your use of our Services:
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and HipHipGo reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless HipHipGo, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between HipHipGo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HipHipGo, or by the posting by HipHipGo of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HipHipGo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.