TERMS AND CONDITIONS
By using this Website and/or purchasing any of our Programs, Products and/or Services, you are voluntarily agreeing to these contractual terms by which you are bound, and you are legally agreeing that you have read, understand, and fully consent to the terms below. If you have any questions about any of these terms, please do not hesitate to contact us firstname.lastname@example.org before using our Website, or purchasing any of our Programs, Products, and/or Services.
By accessing or using our Website, Programs, Products, and Services in any manner for any reason, you implicitly agree to these Terms and Conditions.
Our Website, Programs, Products and Services are owned and operated by Hip Sobriety, Inc. ("Company", "we", or "us"). The term "you" refers to the user of our Website, Programs, Products and Services.
Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using our Website and any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them thoroughly or even at all. If you do not agree with these terms, please stop now and do not use our Website, Programs, Products or Services.
Your use and consent.
You agree that by using our website or any of our Programs, Products, or Services that you are an adult (at least 18 years old) and you are legally able to enter into a contract.
Our Website and all of our Programs, Products and Services are intended solely for users who are adults. Any registration by, use of or access to any Program, Product or Service or our Website by anyone under 18 is unauthorized, unlicensed and in violation of these T&C. By accessing or using our Programs, Products, or Services or our Website, you represent and warrant that you are 18 years older and that you agree to and abide by all of our T&C.
We try and ensure that our Website, Program, Product and Service availability is uninterrupted and that our Website, private Facebook group page, email communications, and Program tele-classes and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered through our Website, Programs, Products or Services for any particular purpose.
You must not use our Website, Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Website, Programs, Products or Services, or any aspect related to it, in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity.
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing on any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam.
- To cause annoyance, inconvenience or needless anxiety to anyone or anything.
- To impersonate any third party or otherwise mislead as to the origin of your content.
- To reproduce, duplicate, copy or resell any of our content in contravention with these T&C, our Disclaimer, Community Guidelines, or any other agreement that you may have with us.
Assumption of risk, personal responsibility, and disclaimer.
By using our Website, Programs, Products or Services, we consider you a Licensee with restrictions as to how you use the information on and in our Website, Programs, Products and Services. As a Licensee, you agree that you are assuming all risks and using your own judgment an discretion in using the information provided on and through this Website, Program, Product or Service. You also agree to our full Disclaimer on Website.
Every effort has been made to present you with the most accurate, up-to-date information. However, because the field of addiction is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content of our Website, Programs, Product or Services or guarantee that all of the information on our Website is completely current or applies to you specifically. You acknowledge that such information and and materials in any Website, Program, Product or Service you are using, or in documents referenced by or linked to the Website, Program, Product or Service may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials through our Website, Programs, Products or Services accessible on or through our Website or otherwise is entirely at your own risk, for which we shall not be liable. It shall be your own personal responsibility to discern the risks of using our Website or any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or acknowledge that you are using, or not using, our Website or our Programs, Products an Services at your own risk. You are aware that you have the right to consult an attorney prior to using our Website or purchasing any Program, Product or Service from or through us.
The information in the Programs, Products and Services offered on or through our Website and any third-party websites are provided "as is" and without warranties of any kind either express or implied. We make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness of our Website, Programs, Products or Services for any purpose.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Website, Programs, Products or Services or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Website, or our Programs, Products or Services are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the website, or our programs, products or services or materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, coaches, contractors, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue an any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, Programs, Products or Services and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C.
Intellectual Property Rights.
The terms "Hip Sobriety", "Hip Sobriety, Inc.", "Hip Sobriety School", "Hip-So-Factos", "Dear Hip Sobriety", "The Hip Sobriety Project", and "A Modern Place to Explore Sober You" and our Website, Programs, Products, an Services and all the materials available on or through it is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.
If you purchase or access any materials through our Website, Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. You may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Any trademarks, taglines, and logos displayed on the Website, Program, Product, or Service materials are trademarks belonging to us. Any trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledge on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark incidia must be included at all times. Any preview call titles, Program, Product or Service titles, Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
Information you are allowed to use.
You are being granted a limited license to use our Website, Program, Products and Services, and any and all Program Materials, with permissions and restrictions. This means when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program, Product or Service, and any and all Program Materials, in the form that is provided by us to you with certain restrictions. You are permitted to use our Programs, Products, Services and Program Materials as follows:
You are permitted to download and/or print email correspondence, our Website pages, and/or any other materials related to the Program, Product or Service for your own personal, non-commercial use, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.
By downloading, printing, or otherwise using any material from this Website, Program, Product or Service for any use you in no way assume any ownership rights of that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information you are prohibited from sharing with others.
As a Licensee, you understand and acknowledge that the information obtained on or through our Website, Program, Product or Service has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
Unauthorized use of our Programs, Products or Services or this Website may give rise to a claim for damages and/or be a criminal offense.
Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) for commercial use, or for use in any way that earns you money andy material purchased through this Program, Product or Service or obtained on or through our Website, or including by not limited to a password-protected Site page, private Facebook group page, audio or video recording, downloadable information product, or tele-seminar calls. You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.
When you enroll in, purchase, and/or use this Website, Program, Product or Service, you expressly agree that you will not steal our content or share it with any other person for commercial or non-commercial purposes without our express written permission. Duplication, sharing, selling, or uploading any information obtained in our course files with others, or downloading or sharing information in any way and sharing it with anyone contrary to the limited license we have provided to you is considered stealing and theft, and we reserve the right to prosecute theft to the full extent of the law.
The license you granted to us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us through our Website, Program, Product or Service, our Website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older.
Links to external websites or use of social media.
Likewise, if our Website, Program, Product or Service is linked or referenced in someone else's website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever. We accept no liability for any of the views, facts, opinions, or references in our or their Website, Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
You should exercise caution and look at the privacy statement of the website or social media sites you are visiting or using. Use of external links to other sites or social media do not signify that we endorse them. We bear no responsibility for the content of the linked website(s) or social media websites.
Limitations of liability, indemnification, and release of claims.
Under no circumstances, including, but not limited to negligence, shall anyone related to our Company or any subsidiary and parent companies or affiliates, included but not limited to our Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, employees, coaches, contractors, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect incidental, special or consequential damages that result from the use of, or the inability to use, the Website, Program, Product or Service, including its materials or third-party materials made available through the Website, Program, Product or Service, even if we are advised beforehand of of the possibility of such damages.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website, Program, Product or Service participant or user.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Website, Program, Product or Service, including by your use or inability to use any information obtained on or through the Website, Program, Product or Service, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Website, Program, Product or Service by us or by others, including without limitation any liability for any detrimental reliance, physical or mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss of damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. By using our Website, enrolling in, purchasing or using our Programs, Products and Services, you agree to our limitation of liability and release us from any and all claims.
You agree at all times to defend, indemnify, and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees, or licensees, and their respective parent and subsidiary companies, agents, associates, offices, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal and business interruptions, misapplication of information, physical or mental disease, condition or issue, and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, or any of your clients (if applicable), and /or your breach of any obligation, warranty, representation or covenant set forth in these T&C.
These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using our Website or any of our Programs, Products or Services that you are waiving certain legal rights an you are voluntarily agreeing to do so.
Security and confidentiality.
We take every precaution to protect sensitive information. When users submit sensitive information via the Website and our Programs, Products or Services, all information is protected both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information to us in any manner whatsoever is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or misuse, to you or any third party arising out of any such loss, misuse, or alteration.
We aim to keep all information exchanged between us in strict confidentiality and to not disclose confidential information to anyone else without reason to know such information, except as when required by law or upon written authorization by you.
Online purchases and commerce.
If paying by PaPal or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program, Product or Service for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
In the event that payment is not received by the date due, whether paying in full or by installment, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Service will not continue.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service.
When you purchase a Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant's independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Website, Program, Product or Service for legitimate, personal, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Website, Program, Product or Service.
You agree to only use and/or purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party's personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly.
[Unless otherwise noted in specific Program, Product, or Service offering Terms and Condition.] Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products and Services, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services. By using and/or purchasing any of our Programs, Products and Services, you understand and agree that all sales are final and no refunds will be provided for any reason. In the rare event that we do choose to issue a full or partial refund to anyone for any reason, it is solely within our discretion and our exercise of this discretion in one particular situation in no way represents that a full or partial refund will be available in a subsequent same or similar situation.
It is hoped that should we ever have any differences, we could be able to work them out amiably through email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator's award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complain to us via email at email@example.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Holly Whitaker, Hip Sobriety, or Hip Sobriety, Inc., our Company, our Website, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If this T&C or any part therein is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C which shall be given full force and effect.
If you have any questions about the Terms and Conditions, please contact us at firstname.lastname@example.org.