Terms and Conditions
Effective Date: April 9, 2016
The following information comprises the Terms ("Terms & Conditions"), which contains provisions that govern how claims you and Hip eCommerce ("HipComic, LLC", "HipComic", "HipStamp", "us", or "we") have against each other are resolved. It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
About Hip eCommerce
Hip eCommerce is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Hip eCommerce is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Hip eCommerce has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Using Hip eCommerce
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Hip eCommerce policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;
- fail to deliver items sold by you, unless you have a valid reason as set out in an Hip eCommerce policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems;
- transfer your Hip eCommerce account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Hip eCommerce, or the interests or property of users;
- use any robot, spider, scraper, or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Hip eCommerce application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Hip eCommerce, or that comes from the Services and belongs to another Hip eCommerce user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Hip eCommerce and/or any other party holding the right to license such use;
- commercialize any Hip eCommerce application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe you are abusing Hip eCommerce in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
Fees & Refund Policy of Fees
The fees we charge for using our Services are listed on our Fees page. We may change our seller fees from time to time by posting the changes on the Hip eCommerce site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must have a payment method on file when selling on Hip eCommerce and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, and/or retaining collection agencies and legal counsel. In addition, you will be subject to late fees. Hip eCommerce, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Hip eCommerce reported to a credit bureau please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Hip eCommerce account, you must contact the collection agency directly.
In general, all fees are non-refundable. However, at our discretion, we may offer a refund of Final Value Fees when requested through the "Request Final Value Fee Refund" button per transaction on the My Account > Account History page.
Seller Procedures and Guidelines
Prohibited Seller Activities and Actions
These Prohibited Seller Activities and Actions are established to maintain a selling platform that is safe for buyers and fair for sellers of both products and services. Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of Hip eCommerce tools and reports, and/or the removal of selling privileges.
Note: This policy is in addition to, and in no way limits, your other obligations pursuant to your seller agreement or otherwise.
The following guidelines apply to both sellers of products and services. For guidelines specific to products or services, see the information following this section.
Attempts to divert transactions or buyers: Any attempt to circumvent the established Hip eCommerce sales process or to divert Hip eCommerce users to another website or sales process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage Hip eCommerce users to leave the Hip eCommerce website are prohibited. Prohibited activities include the following:
- The use of email intended to divert customers away from the Hip eCommerce sales process.
- The inclusion of hyperlinks, URLs or web addresses within any seller generated confirmation email messages or any product/listing description fields that are intended to divert customers away from the Hip eCommerce sales process.
- Unauthorized and improper business names: The Business Name (identifying a seller’s business entity on Hip eCommerce) must be a name that: accurately identifies the seller; is not misleading; and the seller has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a seller cannot use a business name that contains an email suffix such as .com, .net, .biz, and so on.
- Inappropriate email communications: All email communications with buyers must be courteous, relevant and appropriate. Unsolicited email communications with Hip eCommerce users, email communications other than as necessary for order fulfillment and related customer support, and emails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
- Direct email addresses: Buyers and sellers may communicate with one another via the Buyer-Seller Messaging Service, which assigns unique Hip eCommerce-generated email addresses to both parties. Sellers are prohibited from providing or soliciting direct, non-Hip eCommerce-generated email addresses on the Hip eCommerce website or in correspondence through the Buyer-Seller Messaging Service.
- Operating multiple Seller Central accounts: Operating and maintaining multiple Seller Central accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by contacting us through our Contact Us page on our website.
Product Listing Page Rules
When you create a product listing page, you agree to the following rules and restrictions:
- Using the Sell, Bulk Lister, or any other tool which lists items on our website, for any purpose other than creating product listing pages is prohibited.
- The use of false product identification information, including UPC codes, in product listing pages is prohibited.
- Using Sell, Bulk Lister, or any other tool which lists items on our website, to cross-merchandise or cross-promote a product is prohibited.
- Product listing pages may not feature or contain Restricted Products.
The inclusion of any of the following information in product listing page titles, descriptions, bullet points, or images is prohibited:
- Pornographic, obscene, or offensive content.
- Phone numbers, physical mail addresses, e-mail addresses, or website URLs.
- Availability, price, condition, alternative ordering information (such as links to other websites for placing orders), or alternative shipping offers (such as free shipping).
- Reviews, quotes, or testimonials.
- Solicitations for positive customer reviews.
- Advertisements, promotional material, or watermarks on images, photos, or videos.
- Time-sensitive information (i.e., dates of promotional tours, seminars, lectures, etc.).
When creating a listing, sellers must follow Hip eCommerce listing standards for any product sold on Hip eCommerce.
All products should be appropriately and accurately classified to the most specific location available. Incorrectly classifying products is prohibited. Product titles, product descriptions, and bullets must be clearly written and should assist the customer in understanding the product. These attributes should comply with the category-specific style guide recommendations. All product images must meet Hip eCommerce image standards as well as any applicable category-specific image guidelines. Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited. All products listed on Hip eCommerce must meet North America product safety standards. Learn more about Choking Hazard Warning Requirements (CPSIA). When creating a product listing page, provide only information that pertains to the features of the product in general, not the condition of your particular item. product listing pages may be used by any other seller to list the same product. When listing an item for sale, sellers must use the offer listing pipeline. Within the offer listing pipeline, sellers are provided an opportunity to note their item's condition, quantity, price, and other seller-specific details that are relevant to a specific listing. Do not include HTML, DHTML, Java, scripts, or other types of executables in your product listing pages.
Additional Product Listings Rules
When listing an item with us, you agree to the following:
- You will list items and post content in appropriate categories or areas.
- You cannot include links to outside websites where you can purchase items anywhere besides Hip eCommerce, or any personal website (including those which represent your business). This includes hyperlinks and text, images, etc. which instruct users to visit another website.
- You are not allowed to circumvent fees in any way.
- Buyer's premiums and/or any other arbitrary percentages or fixed/variable fees are prohibited, unless otherwise exempted by Hip eCommerce via written consent.
- Shipping and Handling charges, including for additional items, are required to be specified using the options we provide.
- Shipping and Handling charges must be realistic, and are not allowed to be excessive. The amount you are looking to receive for an item must be reflected in the price of the item, and cannot be included within the shipping and handling charge of the item. This same policy applies towards multiple items won by a single buyer, in regards to combined shipping and handling. The definition of excessive is at our discretion, but can usually be obtained using good judgment.
- It is not permissible to instruct buyers that they must wait for a custom invoice before paying for a purchase.
- When selecting an available method of payment, from the options we provide, any additional charges or requirements for using the indicated method of payment are prohibited (for example, indicating a buyer must pay an additional 30 cents if paying by PayPal).
- All information contained within a listing must be accurate, not misleading and relevant to the listing.
- Item titles may only contain information directly relevant to the item itself.
- Item titles should not include shipping information, promotional words, or words irrelevant to the actual item, such as Wow! Look!, etc. Additionally, excessive (or non-standard) use of capitalization of words and inappropriate use of punctuation and special characters is strictly prohibited (i.e., 'BEST BRITISH STAMP!!!', 'L@@K!!!', 'Germany #5 ◊ Used ◊ OG', etc.).
- Item titles cannot include private ids (also known as SKUs, or your own unique product identification numbers).
- By listing a product image, it is assumed that the image is of the exact item the buyer will receive. If the image is only meant to serve as an example, this must be explicitly and clearly stated at the top of the description.
- Product images can only feature the product directly associated with the item listing. Additionally, multiple quantity listings cannot be used to sell different items within one listing. For example, it is not permissible to display an image showing four different items, labeled A through D, and create a single listing, with a quantity of four. Nor is it permissible to create a listing, which displays an image of items labeled A through D, and indicate that only a specific item is being sold through the listing.
- Images must be of reasonable quality, and reasonably cropped and orientated.
- Prices must be realistic, and are not allowed to be excessive. The definition of excessive is at our discretion, but usually only applies to items listed at several times their actual retail value.
- Numerical Grades (Stamps), and prices based on Numerical Grades (such as SMQ Values), can only be displayed if the item comes with a Graded Certificate from the PSE, PFC or APS.
- E-graded stamps should not be listed within the Graded stamp category
- The listing of replica stamps is not permitted on our Site. If we receive reports or identify listings that are replicas (whether they purport to be replica or legitimate), we reserve the right to suspend your account.
- Listings for Pre-Sale items can only be made if the expected date of shipment to the buyer is within 30 days from when the listing ends. If a buyer purchases a pre-sale item and you are unable to ship the item within 30 days, you must offer the buyer a full refund (including shipping and any other costs).
Any listing, which does not conform to the above policies, may be ended at any time. Fees will not be refunded on any listing that is ended due to listing policy violations. The above listing policies also apply to all forum posts, internal messages and other forms of communication (wherever applicable).
Important Notice for International Sellers
If you are registering to sell from a country outside of the United States, there are important steps you must take before you begin selling on Hip eCommerce. The following steps ensure a great experience for you and for customers:
You must accurately state the 'shipping from' country in your Hip eCommerce seller profile for display to customers. You will be responsible for assuring that you will meet the shipping expectations for all orders you receive.
- Breach or circumvent any laws or our systems and policies.
- Fail to pay for items you have purchased, unless you are unable to contact the seller, or if at our sole discretion we agree that a significant error, such as a typographical error, has been made.
- Fail to deliver items to a buyer, which have been paid for, unless you are unable to contact the buyer.
- Engage in suspicious activity.
- Participate in shill bidding.
- Post content which allows for the purchase of, or encourages the purchase of merchandise outside of our Site or Services.
- Contribute to an unfriendly environment either through offensive or abusive messaging (whether made using the internal message system feature or otherwise) or on our community and forum pages.
- Take actions, which at our sole discretion, we believe are negatively impacting our business.
- Manipulate the price of an item.
- Interfere with another member’s listings.
- Post content which is false, misleading, inaccurate, defamatory, libelous or obscene.
- Post content which we believe is spam or of bulk in nature.
- Transfer your account to another party without our explicit written consent.
- Purposely submit any inaccurate information, commit fraud, or falsify information in connection with your account with Hip eCommerce.
- Purposely create multiple Hip eCommerce accounts.
- Access, or attempt to access, data that is not intended for you, such as, but not limited to, logging into an account or server, which you do not have authorization to access.
- Scan, or attempt to scan, or test the security and or configuration of our Site, including, but not limited to, breaching security or authentication measures of our Site, without proper authorization.
- Interfere or tamper, or attempt to do either; with the intended functioning of any and all part, page or area of the Site, and or any and all functions and Services provided by our Site.
- Interfere, or attempt to interfere, with our Service to any user in any and all manner, including, but not limited to, submitting a virus to our Site, attempting to "overload", "flood", "spam", "DOS attack", "email bomb" or "crash" our Site.
- Solicit or advertise for any commercial, political, or religious purpose, or compete directly or indirectly with Hip eCommerce when using our Site or any of its contents.
- Re-sell or re-purpose your access to the site or purchases made through the Site.
- Use the Site, or any of its resources, to solicit other users, sellers, or partners of Hip eCommerce, to become users, sellers, or partners of other online or offline services which would be, or are in direct or indirect competition or potential competition with Hip eCommerce, including but not limited to, aggregating current or previously offered data or deals.
Inappropriate Content Policy
Any content that we feel is inappropriate for Hip eCommerce will be removed without prior notice. Sellers who repeat listing of pornographic content may have their Hip eCommerce store removed.
We want to maintain a safe, fair, and enjoyable marketplace for both buyers and sellers. If you're a buyer, we ask that you review and understand our policies, including the Hip eCommerce User Agreement, before you bid on or buy an item.
Our policies are intended to:
Follow local laws and regulations
Minimize risks to buyers and sellers
Make sure that no one has an unfair advantage
Create an enjoyable buying experience
Protect intellectual property rights
Rules about bidding and paying
If you buy an item from a seller in another country, you can't ask the seller to mark the item as a gift in the customs declaration. This is illegal, and against our policies. Learn more about our rules against encouraging illegal activity.
Rules about Feedback
You can't abuse the Feedback system.
This means you can't threaten to leave a seller negative Feedback if that seller won't do something that wasn't promised in the original listing. This is called Feedback extortion and is against our policy.
Also, you can't leave Feedback if you're only doing it to help increase a seller's Feedback score. This is a type of Feedback manipulation and is also not allowed.
Make sure that you understand and follow all of our Feedback policies.
If you're having a problem with a seller
Be honest and have good intentions when you try to resolve a transaction problem. Learn more about what to do if you don't receive an item or it doesn't match the listing description.
You can't try to contact other potential buyers to "warn" them about a seller. This is called transaction interference. If you have a concern about a seller's behavior, report it to us and we'll investigate.
You are responsible for reading the full item listing before making a bid or commitment to buy.
You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer.
International Buying and Selling; Translation
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on a Hip eCommerce site other than HipComic.com or HipStamp.com, you are subject to the User Agreement of that other Hip eCommerce site with respect to that particular purchase.
You may list your items directly on one or more of Hip eCommerce's international sites. Additionally, you may direct us to display your listing on Hip eCommerce sites other than the original Hip eCommerce listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program): the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies, and the Hip eCommerce International Buying and Selling Policy. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
You authorize us to use automated tools to translate your Hip eCommerce content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your Hip eCommerce listings. The permission to use catalog content is subject to modification or revocation at any time at Hip eCommerce's sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be available, accurate, and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Hip eCommerce's Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate.
To protect Hip eCommerce from risk of liability for your actions as a seller, Hip eCommerce has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or transaction value. This may result in PayPal restricting funds in your PayPal account.
Authorization to Contact You; Recording Calls
Hip eCommerce may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Hip eCommerce may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Hip eCommerce may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your Hip eCommerce Members Area.
Hip eCommerce may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Hip eCommerce to carry out the purposes we have identified above.
Hip eCommerce may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Hip eCommerce or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If Hip eCommerce provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Hip eCommerce's applications may not occur in real time. Such functionality is subject to delays beyond Hip eCommerce's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Hip eCommerce;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Hip eCommerce Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Hip eCommerce Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Hip eCommerce's Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HIP ECOMMERCE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Hip eCommerce agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Hip eCommerce User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Hip eCommerce, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Hip eCommerce each agree that any and all disputes or claims that have arisen or may arise between you and Hip eCommerce relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Hip eCommerce's Services, or any products or services sold, offered, or purchased through Hip eCommerce's Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HIP ECOMMERCE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HIP ECOMMERCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Hip eCommerce should be sent to our address found in the Contact Us section of our website. Hip eCommerce will send any Notice to you to the physical address we have on file associated with your Hip eCommerce account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Hip eCommerce are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Hip eCommerce may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Hip eCommerce at our address found in the Contact Us section of our website. In the event Hip eCommerce initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Hip eCommerce account. Any settlement offer made by you or Hip eCommerce shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Hip eCommerce may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Hip eCommerce subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Hip eCommerce may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Hip eCommerce user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Hip eCommerce will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Hip eCommerce should be submitted by mail to the AAA along with your Demand for Arbitration and Hip eCommerce will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Hip eCommerce for all fees associated with the arbitration paid by Hip eCommerce on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
5. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Hip eCommerce prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Hip eCommerce. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on our website at least 30 days before the effective date of the amendments and by providing notice through the Hip eCommerce Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Hip eCommerce must be resolved exclusively by a state or federal court located in Wake County, North Carolina. You and Hip eCommerce agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina for the purpose of litigating all such claims or disputes.
Hip eCommerce is located at our address found in the Contact Us section of our website.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on our website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the Hip eCommerce Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Hip eCommerce representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Hip eCommerce site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and Hip eCommerce and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.