Terms of service
Last updated: May 9, 2021
Welcome to the Hippo7 brand web site at https://hippo7.com (the “Site”) which is owned and operated by Promising Ventures Inc. (“Hippo7”, “we”, “us”, or “our”). Please read this these Terms of Service (hereinafter referred to as this “Agreement) carefully before using this Site, including without limitation before using any of the features or content provided by this Site or purchasing or otherwise using any of Hippo7’s products or services offered, made available, or otherwise sold through this Site (hereinafter collectively referred to as the "Service(s)").
This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Site or any of our Services (“User”, “you” or “your”) Hippo 7 provides this Agreement to notify all such users of Hippo7’s terms and conditions which govern their use of this Site and/or any purchase or any other uses of any of the Services provided therein.
YOUR ACCESS TO AND USE OF THIS SITE AND ANY OF OUR SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT.
BY CONTINUING TO ASSESS AND/OR USE THIS SITE OR ANY OF ITS SERVICES, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THIS SITE OR ANY OF ITS SERVICES. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY PROMISING VENTURES INC.. IF YOU DONOTAGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULDNOT USE THIS SITE OR ANY OF ITS SERVICES.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS SITE AND ALL OF OUR SERVICES. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS
It is your responsibility to review this Agreement periodically. We may revise this Agreement at any time without notice to you. We may at our sole discretion change, add, or delete portions of this Agreement at any time on a going-forward basis. It is your responsibility to check this Agreement for any such changes prior to your use of the Site or any of our Services, and in any event your continued use of the Site or any of our Services following the effective date of such changes to this Agreement constitutes your acceptance of any such changes.
By visiting this Site, you agree to the following:
1.DEFINITIONS.
In addition to all other defined terms in this Agreement, the following terms have the following meaning:
(i) “Access Right” has the meaning set forth in Section 2 herein.
(ii) “Content” has the meaning set forth in Section 2.5.1 herein.
(iii) “HIPPO7 IP Assets” has the meaning set forth in Section 3 herein.
(iv) “HIPPO7 Privacy Policy” has the meaning set forth in Section 4 herein.
(v) “HIPPO7 Server” or “Server”” means the computer software or hardware that serves and hosts the Site to Users across the Internet.
(vi) “Purchase” has the meaning set forth in Section 5 herein.
(vii) “Refund Policy” has the meaning set forth in Section 5 herein.
(viii) “Subscription” and “Subscriber” have the meanings set forth in Section 5 herein.
(ix) “User” has the meaning set forth above in this Agreement.
2.ACCESS; CONDITIONS TO USE OF THE SITE AND ALL SERVICES
2.1Subject to all of the terms and conditions of this Agreement, HIPPO7 hereby grants to User a non-exclusive, revocable, and limited right to access and use this Site, including without limitation any of the Services provided through this Site, in strict compliance with this Agreement (“Access Right”) or with any other agreement that the User has entered into with HIPPO7. HIPPO7 reserves the right to suspend or revoke this Access Right at HIPPO7’s discretion without notice. Notwithstanding the foregoing Access Right, HIPPO7 also has the right to change, suspend, or discontinue any (or all) aspects or features of this Site or any Services at any time, and from time to time, including the availability of any content or features on this Site or any of the Services. This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access this Site, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3As a condition of each user’s use of this Site and all Services, User covenants to HIPPO7 that: (a) User shall notuse the Site or any Service: (i) for any unlawful purpose or for any purpose that is prohibited by this Agreement; or (ii) in any manner that could damage, disable, overburden, or impair this Site and any Servers, or that would interfere with any other party's use and enjoyment of this Site or any Services; and (b) User shall notobtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site or any Service.
2.4Notwithstanding any assistance that HIPPO7 may provide, the User assumes sole responsibility for the uploading and updating of any Content of that User (if any) as may be available through this Site.
2.5. Users further agree as follows:
2.5.1Without limiting the generality of the foregoing, User agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through this Site any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information (collectively, "Content") that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (f) User will not use this Site for purposes not authorized by HIPPO7 ; and (g) User will not use this Site for any illegal purpose or any fraudulent scheme or transaction.
2.5.2In addition to the rights given to Hippo7 pursuant to Section 6.1, User hereby grants HIPPO7 a perpetual, worldwide, transferable, fully paid up right to use User’s Content to: (i) provide the User with the any of the Services contemplated by this Site, under this Agreement or under any other contract between User and HIPPO7, including without limitation any other uses normally intended for Users, (ii) to assistant or coordinate with any claims arising out of the use of this Site, including without limitation any claims involving property management professionals; and (iii) for any other lawful purpose in carrying out HIPPO7 corporate purpose or operations.
2.6Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of this Site or any HIPPO7 Server (as defined herein), including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or network security (including, but not limited to, that of this Site or any HIPPO7 Server) may result in civil or criminal liability; and (c) HIPPO7 has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. HIPPO7 also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to this Site. By User’s use of this Site, User authorizes HIPPO7 to take such action.
2.7In the event this Site, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Site, User hereby represents and warrants to HIPPO7 that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Site, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Site. HIPPO7 takes no responsibility for any such online distribution or publication by User or by any other party. HIPPO7 cannot and will not review every message or other Content that User or any other party may generate or post, and HIPPO7 is not responsible for the Content thereof.
2.8In addition to any other right to terminate this Agreement, HIPPO7 hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section
3.COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.
3.1HIPPO7 ’s policy is to respect the copyright and intellectual property rights of others. HIPPO7 has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any Subscriber) of any Users who (in HIPPO7 ’s determination) appear to infringe upon the copyright or intellectual property rights of others, and/or (ii) remove any such Content from the Site or used in any Service that, in HIPPO7 ’s determination, may infringe the copyright or other intellectual property rights of any third party.
3.2HIPPO7 or its licensors are the sole owners, worldwide, of all inventions, patents, trademarks/service marks, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, the Site, the Services, any of Hippo7’s Content contained therein, or otherwise used by Hippo7 in the furtherance of any of its products, services and overall business (collectively “Hippo7 IP Assets”).
3.3 The Hippo7 Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both the United States and other countries. This Agreement shall not be interpreted to: (i) grant any rights to any User in or to any of the Hippo7 IP Assets except for the limited Access Right set forth and subject to the terms and conditions of Section 2.1 of this Agreement; or (ii) transfer any rights in any Hippo7 IP Assets or in any other Hippo7 intellectual property rights from HIPPO7 to any Users..
3.4HIPPO7 IP Assets may not be used by User without the prior written permission from HIPPO7, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to HIPPO7 . In addition to any other conditions on Client’s Access Right as set forth in this Agreement, Client’s Access Right is subject to the following additional conditions: (i) User shall notmodify, disassemble, decompile or reverse translate or create derivative works from any of the HIPPO7 IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other HIPPO7 IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of HIPPO7 (which HIPPO7 may or may not grant in its sole discretion); (iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of HIPPO7 or any other party placed on or embedded in the HIPPO7 IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the HIPPO7 IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
3.5User agrees to keep strictly confidential all HIPPO7 IP Assets that have not been made publicly available by HIPPO7 . User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
4.PRIVACY.
4.1User agrees that: (i) if the User has any User Content or any User login or password that it uses in association with this Site or any Service, then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this Site or any Service, then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User, and (b) User will immediately notify HIPPO7 of any unauthorized use of the User’s login and password.
4.2The terms and conditions of the Privacy Policy for this HIPPO7 Site and all of the Services provided by Hippo7 (the “Hippo7 Privacy Policy”) are hereby incorporated into this Agreement by this reference and User hereby agrees to comply with the same at all times. Here is a link to the current Hippo7 Privacy Policy
5. PURCHASE OF HIPPO7 PRODUCTS OR SERVICES; SUBSCRIPTIONS
5.1 General Conditions Applicable to all Purchases
If you wish to purchase any product or service made available through the Site or any of its Services ("Purchase"), in addition to the other provisions of this agreement, the following particular terms and conditions will apply to your Purchase:
(i) you may be asked to supply certain information relevant to your Purchase including, without limitation, such personal information as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Any of your personal information will be subject to our Hippo7 Privacy Policy.
(ii) You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.
(iii) We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Hippo7 Privacy Policy.
(iv) You may be charged local taxes, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
(v) We are not responsible for any fees or charges that your bank or credit card issuer may apply.
(vi) When you place an order for an item through the Site or any other Service, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.The risk of loss and title for all of the items purchased from us by you in each such Purchase will automatically pass to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.(vii) We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
(vii) We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
(viii) We reserve the right to limit your Purchase to no more than four (4) bottles of a Hippo7 product per month.
(ix) You may only purchase and use Hippo7 products for Your personal use but for no other purpose whatsoever. Without limiting the foregoing in any way, you are explicitly prohibited from distributing or reselling, or attempting to distribute or resell, any of Hippo7 products to any other party anywhere.
5.2 Refund Policy for all Purchases.
5.2.1The following is Hippo7’s refund policy (“Refund Policy”) regarding your Purchase of any products or services from Hippo7 through the Site or any of its Services, including but not limited to those Purchases from each Subscriber:
(i) Supplement Refund Policy: We offer every purchaser a one-time full refund on only their first order and only up to one (1) bottle in that first order within 30 days of the date of that first Purchase, subject, however, to the following limitations and conditions: (a) refunds will not be given to repeat or recurring customers or to subsequent Purchases; (b) due to the fact that our products are meant to be ingestible, we do not accept any returns of products; (c) any Purchases made as part of the referral program do not qualify for refunds; (d) if a Purchase is part of a Subscription order, the Subscription order must be skipped or canceled 24 hours prior to renewal date by emailing support@hippo7.com or by accessing the Account Page.
(ii) Requesting a Refund: If you are eligible for a refund pursuant to the above provisions, you must request a refund by contacting Hippo7 by emailing our Customer Satisfaction Team at: support@hippo7.com.
5.2.2 Hippo7 reserves the right to amend its Refund Policy at any time and from time to time for any future Purchases made by you. It is your responsibility to check this Agreement to determine the then-current Refund Policy. Your use of this Site. Including making new Purchases, following the effective date of any new Refund Policy hereby constitutes your agreement to any such new Refund Policy.
5.3 Subscriptions.
5.3.1 If you subscribe to the Purchase of any of Hippo7’s products or services for a term (the “Initial Term”), then the Initial Term will be automatically renewed for additional periods of the same duration as the Initial Term at Hippo7’s then-current fee for such Hippo7 products or services unless you cancel your subscription by giving notice of cancellation to Hippo7 no less than 24 hours prior to the confirmation of your order and provided such noticed is otherwise in accordance with the terms set forth herein, including without limitation Section 5.3.4 below.
5.3.2 If you purchase a subscription (“Subscription”) to Hippo7’s products or services through this Site (thus becoming a “Subscriber”), the following will be your Subscription period (“Subscription Period”):
(i) unless you select an Alternate 45 Day/ 60 Day / 90 Day Shipment option as described in the following subsection, we will automatically place an order as follows (collectively referred to as the “Normal Subscription Period”):
(a) if a Subscriber signed up prior to March 30, 2021, we will automatically place an order every twenty-eight (28) days to ship you a thirty (30) day supply of supplements; or
(b) if a Subscriber signed up on or after March 30, 2021, we will automatically place an order every thirty (30) days to ship you a thirty (30) day supply of supplements; or
(ii) in certain circumstances, Hippo7 may provide certain Subscribers with an option of receiving one shipment of a thirty (30) day supply of supplements either every forty-five (45) days, every sixty (60) days, or every ninety (90) days) (the “Alternate 45 Day/ 60 Day / 90 Day Shipment option(s)” or the “ Alternate 45 Day/ 60 Day / 90 Day Subscription Period”). For clarity, if Hippo7 offers you, and you then select, one of the Alternate 45 Day/ 60 Day / 90 Day Shipment options, then each thirty (30) day supply of supplements will be shipped to you every forty-five (45) days, every sixty (60) days, or every ninety (90) days) pursuant to which of those options you selected.
You will be billed as a Subscriber in advance on a recurring and periodic basis based on the applicable Subscription Period ("Billing Cycle"). In particular, the following sets forth the Billing Cycles for each applicable Subscription Period:
(i) on a monthly basis for each Normal Subscription Period; or
(ii) at the beginning of each 45 Day period, 60 Day period, or the 90 Day period (as applicable) if you selected any Alternate 45 Day/ 60 Day / 90 Day Subscription Period.
The Subscription Period for each Subscriber will automatically remain in place to ensure you do not run out of your supplements at the end of your applicable Subscription Period; provided, however, you may contact Hippo7 at support@hippo7.com to request a different Subscription Period other than your current one.
5.3.3 At the end of each Billing Cycle for your then-current Subscription Period, your Subscription will automatically renew under the exact same conditions for that Subscription Period unless you cancel it or Hippo7 cancels it.
5.3.4 Subject to the other terms and conditions in this Agreement, including this Section 5.3, you may cancel your Subscription by giving notice of cancellation to Hippo7 no less than 24 hours prior to the confirmation of the current order for the upcoming shipment applicable to your then-current Subscription Period, such notice to be given by you to Hippo7 by either of the following methods:
(i) by you cancelling your Subscription through your online Account management page by the above described 24 hour period; or
(ii) by you contacting Hippo7 by the above described 24 hour period by emailing our Customer Satisfaction Team at: support@hippo7.com
You will be charged every Billing Cycle applicable to your Subscription Period, until you have properly cancelled your Subscription pursuant to the terms set forth herein. However, all fees for the Hippo7 products and services that are included in your Subscription are non-refundable and, therefore, if you cancel your Subscription, we will still send you any outstanding supply of supplements that are left in your Subscription but will not refund you any amounts for shipments not received as of the date of cancellation.
After the initial time period for your particular Subscription Period, and again after any subsequent Subscription Period thereafter, your Subscription will automatically commence on the first day following the end of each such Subscription Period (each a "Renewal ") and continue for the time period applicable to that Subscription Period at our then-current price for such Subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your Subscription a set forth above prior to the confirmation of the order for the next applicable Renewal.
A valid payment method, including credit card or is required to process the payment for your Subscription. You shall provide Promising Ventures Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Promising Ventures Inc. to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Promising Ventures Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5.4 Fee Changes.
Promising Ventures Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Promising Ventures Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Site and any Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5.5 Refunds.
Except when required by law or except as stated otherwise in the Refund Policy set forth in Section 5.2 above, all paid Subscription fees and all other Purchases are non-refundable.
5.6 Accounts. When you set up an Account for a Subscription or any other Purchase, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services, including, but not limited to, accessing in orer to make Purchases. You are solely responsible for any and all use of your Account Information and all Orders for all Purchases and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of this Agreement. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
5.7 Users solely responsible for their access and use of Site and Services.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE AND ALL SERVICES BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION, OR ANY OTHER PART OF YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE OR SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL PURCHASES, OTHER COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification and other parts of your Account. You shall immediately notify us of any unauthorized use of your password or identification or any other part of your Account or any other breach or threatened breach of this Site's security.
5.8 Product Availability
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
5.9 Product Reviews
5.9.1 The Site or any other portion of the Services might allow you, as a registered user to post reviews, ratings and comments about products purchased through the Site (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by us and do not represent Our views. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Us, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform your Reviews and all Content of yours contained in your Reviews throughout the world in any media, now known or hereafter devised; (b) to provide, promote, and improve the Site or our Services and to make your Review and your Consent contained in your Reviews available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication the same on other media and services, subject to our Hippo7 Privacy Policy (as defined herein) and this Agreement; and (c) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that we may choose whether or not to provide attribution of your Review at our sole discretion. You further grant Hippo7 the right to pursue any person or entity that violates your or Hippo7’s rights in your Review. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for us to publish and otherwise use) your Review as authorized herein.
5.9.2 We reserve the right to refuse to post or remove, at any time and from time to time any material or other Content submitted, posted or otherwise included in any Review. Notwithstanding the foregoing, you acknowledge that we are under no obligation to edit or modify any information or other Content available in any Reviews or decide any dispute or disagreement between the posters and that Hippo7 shall not have any liability to you for any Content posted in a Review. We do not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews.
5.9.3 Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted in their Review or otherwise posted through the Services, you agree: (i) to base your Review, including without limitation any of your ratings or reviews that you post, only on your first-hand experience with the any product or service you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; (iii) your Review, (including without limitation any of your ratings or reviews that you post, will comply with the terms set forth in this Agreement.
5.9.4 If we determine, in our sole discretion, that any ratings or reviews in your Review could diminish the integrity of your overall Review or of Hippo7’s overall reviewing process, , we may exclude all or part of any such Review without notice. Further, we may remove any of your Reviews in the event that Hippo7 determines, in its sole discretion, that a Review:
- Is clearly false or misleading
- Is unrelated to the product regarding the product or ingredients at issue
- Is fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane or otherwise offensive to the online community, such as that which promotes racism, bigotry or hatred
- Makes unlawful disease claims or in any way breaches any applicable local, national or international law or regulation
- Provides instructional information about illegal activities
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
- Contains private information of any person, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers
- Contains privileged or confidential trade secret, commercial, or financial information
- Is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)
5.10 Advertisements, Sponsorships, Co-Promotions and other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
5.11 SMS/MMS Mobile Message Marketing Program Terms and Conditions
5.11.1 Overview of SMS/MMS Program: Hippo7 is offering a mobile messaging program (the “SMS/MMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “SMS/MMS Terms & Conditions”). By opting in to or participating in any of our SMS/MMS Programs, you accept and agree to these SMS/MMS Terms & Conditions
5.11.2 User Opt In: The SMS/MMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS/MMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS/MMS Program, you agree that these SMS/MMS Terms & Conditions apply to your participation in the Program. By participating in the SMS/MMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
5.11.3 User Opt Out: If you do not wish to continue participating in the SMS/MMS Program or no longer agree to this SMS/MMS Terms & Conditions, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the SMS/MMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
5.11.4 Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the SMS/MMS Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these SMS/MMS Terms & Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our SMS/MMS Programs.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 8 OF THIS AGREEMENT, YOU FURTHER AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD HIPPO7 HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
5.11.5 Program Description: Without limiting the scope of the SMS/MMS Program, users that opt into the SMS/MMS Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
5.11.6 Cost and Frequency: Message and data rates may apply. The SMS/MMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5.11.7 Support Instructions: For support regarding the SMS/MMS Program, text “HELP” to the number you received messages from or email us at support@hippo7.com. Please note that the use of this email address is not an acceptable method of opting out of the SMS/MMS program. Opt outs must be submitted in accordance with the SMS/MMS Terms & Conditions set forth above in this Section 5.11 of this Agreement.
5.11.8 MMS Disclosure: The SMS/MMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
5.11.9 Our Disclaimer of Warranty: In addition to any other limitation of liability or disclaimers by HIPPO7 set forth in this Agreement (including but limited to those set forth in Section 9 and 10 of this Agreement), you hereby acknowledge and agree as follows: (i) the SMS/MMS Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier; (ii) HIPPO 7 will not be liable for any delays or failures in the receipt of any mobile messages connected with this SMS/MMS Program; (iii) delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
5.11.10 Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
5.11.11 Age Restriction: In addition to any other age restrictions set forth elsewhere in this Agreement and in HIPPO7’s Privacy Policy, You hereby agree as follows: (i) that You shall not use or engage with the SMS/MMS Platform if you are under thirteen (13) years of age; (ii) if you use or engage with the SMS/MMS Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so; (iii) byusing or engaging with the SMS/MMS Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the SMS/MMS Platform, or are of adult age in your jurisdiction; and (iv) busing or engaging with the SMS/MMS Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the SMS/MMS Platform.
5.11.12 Prohibited Content: In addition to any other terms, conditions or restrictions on your use of the Services as set forth in this Agreement (including without limitation, the provisions of Section 2 and Section 3 of this Agreement, You hereby explicitly acknowledge and agree to not send any prohibited content over the SMS/MMS Platform or engaging in any prohibited activities over the SMS/MMS Platform, including but not limited to the following prohibited content or prohibited activities: :
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
6.USER POSTED CONTENT, OUR RIGHT TO USE USER POSTED CONTENT.
6.1 Users may, from time to time, have an opportunity to: (i) post comments, information, submissions or other Reviews; and/or (ii) post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, facts, advice, opinions and other material or any other Content (as such term is defined above) (collectively, “User’s Posted Content”).
6.2 You represent and warrant that you own or otherwise control any and all rights in and to the User Posted Content that you submit and that our public posting and use of that User Posted Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. Subject to our Hippo7 Privacy Policy, all User Posted Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Posted Content, whether solicited or unsolicited, you grant Hippo7and our designees a royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Posted Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, developing, manufacturing and marketing products, services and content, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each User of the Site a non-exclusive license to access your User Posted Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Posted Content. We, our affiliates, licensees and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Posted Content), city and state in connection with broadcast, print, online or other use or publication of your User Posted Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Posted Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Posted Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Posted Content shall be handled in accordance with our Hippo7 Privacy Policy.
6.3 We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Posted Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Posted Content you post on the Site.
7.LINKS TO OTHER WEB SITES.
This Site or any of our Services may contain links to third party web sites or services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”) that are not owned or controlled by Promising Ventures Inc. Promising Ventures Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of Linked Sites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Promising Ventures Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any Linked Sites that you visit.
8. INDEMNIFICATION.
You hereby agree to defend, indemnify and hold harmless Promising Ventures Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: ( a) your use and access of the Site or any Service, by you or any person using your Account, user name, password or otherwise acting on your behalf while using the Site or any Service; and/or (b) a breach of this Agreement.
9. LIMITATION OF LIABILITY.
REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT SHALL PROMISING VENTURES INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, SUCCESSSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OTHER RCOMMERICAL ADVANTAGES OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OUR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (3) ANY CONTENT OBTAINED FROM THE SITE OR ANY SERVICE; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERCATION OF YOUR ACCOUNT, PURCHASE, TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILTY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HERIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE.
NOTHING IN THESE AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
10. DISCLAIMERS
10.1 WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USERS OF THE SITE OR ANY OF THE SERVICES WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, ANY OF THE SERVICES, YOUR PURCHASE, OR USE OF ANY OTHER PRODUCT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES.
ALL USERS AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE OR ANY SERVICE IS AT THEIR OWN SOLE RISK.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE, THE SERVICES, YOUR PURCHASE, AND YOUR USE OF ANY OTHER THE PRODUCTS OR SERVICES OFFERED ON THE SITE OR THROUGH ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE"BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROMISING VENTURES INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ALL KINDS, WHETER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:
(A) IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(B)THE SITE AND THE OTHER SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(C) ANY ERRORS OR DEFECTS WILL BE CORRECTED;
(D) THE SITE AND THE OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(E) THE RESULTS OF USING THE SITE OR THE OTHER SERVICES WILL MEET YOUR REQUIREMENTS;
(F) CONCERNING ANY CONTENT SUBMITTED BY ANY USER;
(G) CONCERNING ANY THIRD PARTY'S USE OF CONTENT THAT YOU SUBMIT; OR
(H) THAT HIPPO7 WILL CONTINUE TO SUPPORT ANY PARTICULAR PRODUCTS OR SERVICES.
10.2 **SPECIAL NOTICE REGARDING MEDICAL ADVICE AND THE USE OF HEALTH INFORMATION OR HEALTH-RELATED DATA. *
(A) HIPPO 7 IS NOT A PHYSICAN OR ANY OTHER TYPE OF HEALTH CARE PROVIDER AND, THEREFORE: (1) THIS SITEAND OUR SERVICES ARE NOT INTENDED TO PROVIDE, AND DO NOT PROVIDE, ANY MEDICAL, HEALTH OR OTHER LICENSED PROFESSIONAL ADVICE; (B) NOTHING STATED OR POSTED ON THIS SITE OR MAADE AVAIBLE THOUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY OTHER HEALTH ADVICE
THE INFORMATION AND DATA PROVIDED IN THE SITE OR THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION SUCH MATERIALAS TEXT, GRAPHICS, IMAGES, AND ANY OTHER HEALTH-RELATED INFORMATION, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.WTHOUT LIMITING THE FOREGOING IN ANY WAY, HIPPO7 IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, SUITABILITY OR TIMELINESS OF, ANY INFORMATION OR DATA PROVIDED IN THE SITE OR THROUGH OUR SERVICES WHICH MAY DESCRIBE ANY HEALTH BENEFITS OR HEALTH EFFECTIVENESS OF ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE THROUGH THE SITE OR ANY OF OUR SERVICES.
THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR YOU OBTAINING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A LICENSED PHYSCIAN OR OTHER HEALTH CARE PROVIDERS.ANY HEALTH INFORMATION OR HEALTH DATA DISCLOSED IN THE SITE OR THROUGH ANY OTHER SERVICES SHOULD NOT BE USED IN PLACE OF A CONSULTATION WITH YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER AND HIPPO IS NOT RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT YOU MAY SUSTAIN AS A RESULT OF YOUR RELIANCE ON ANY SUCH HEALTH INFORMATION OR HEALTH DATA.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
10.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace any of the provisions in this Agreement.ONCE A USER BEGINS TO USE THIS SITE OR ANY SERVICE, HIPPO7 MAY MODIFY OR REPLACE ANY OF THE PROVISIONS IN THIS AGREEMENT AT ANY TIME AND USER WILL THEREAFTER BE BOUND BY THE VERSION OF THIS AGREEMENT THAT IS IN EFFECT THE NEXT TIME THE USER VISITS THE SITE OR USES ANY SERVICE. ANY USE OF THE SITE OR ANY SERVICE THEREAFTER SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY USER OF ALL SUCH AMENDMENTS.
12. TERMINATION OF THIS AGREEMENT
We may terminate this Agreement or terminate or suspend your access to the Site or to any of the Services, delete your profile and any Content or information that you have posted on the Site and/or prohibit you from using or accessing the Site or any Service (or any portion, aspect or feature of the Site or any Service) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information or other Content associated with you and your activities in connection with the Site or any of the other Services. If you wish to terminate your Account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination for any reason by any party, you will still be bound by your obligations under these Agreement, including the representations and warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
13. MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 We control and operate the Site and our Services from our offices in the State of California, United States of America. While we invite Users from all parts of the world to visit the Site and to use our Services, Users acknowledge that the Site and our Services, and all activities available on and through the Site and our Services, are governed by the laws of the United States of America and the laws of the California. We do not represent that materials on the Site or through our Services are appropriate or available for use in other locations. Persons who choose to access the Site or otherwise use our Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.1.2 You hereby expressly agree that the laws of the California, excluding its conflict of laws rules, shall govern this Agreement, our Hippo7 Privacy Policy and any other policies of Hippo7 posted from time to time on the Site applicable to your use of the Site or our Services, and all of your use of the Site and our Services. Please note that your use of the Site or our Services may be subject to other local, state, national, and international laws.
13.1.3 You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site or any Services resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR OUR SERVICES, ANY PURCHASE, OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
13.2 Entire Agreement; Waiver; Severability. This Agreement constitute the entire agreement between Hippo7 and each User with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. Hippo7’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
13.3 Remedies.User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Site or any of the Services and therefore User agrees that HippoO7 shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
13.4Attorney Fees.If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
13.5Binding Effect; No Assignment by Client; Permissible Assignment by HIPPO7.This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part, without the prior written consent of Hippo7 (which it may or may not grant in its discretion). Any purported assignment in violation of this Section shall be void. Hippo7 shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
CONTACT US:If you have any questions about this Agreement, please e-mail support@hippo7.com