Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF PRODUCT SALES VERY CAREFULLY.
SEBIZA, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, DOES BUSINESS UNDER THE NAME OF HIPPMAMA, AND IS PROPERLY REGISTERED UNDER THE LAWS OF THE STATE OF ILLINOIS. ANY REFERENCE TO HIPPMAMA WILL NECESSARILY MEAN SEBIZA, LLC. THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ORDERING PRODUCTS HERE ON HIPPMAMA’S WEB SITE, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCT SALES UNLESS CUSTOMER AND HIPPMAMA HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN HIPPMAMA AND CUSTOMER. NO COURSE OF PRIOR DEALINGS BETWEEN THE PARTIES AND NO USAGE OF TRADE WILL BE RELEVANT TO DETERMINE THE MEANING OF THESE TERMS AND CONDITIONS OF PRODUCT SALES OR ANY PURCHASE ORDER OR INVOICE RELATED THERETO.
These Terms and Conditions of Product Sales constitute a binding contract between Customer and the HippMAMA Entity. Customer accepts these Terms and Conditions of Product Sales by making a purchase, placing an order or otherwise shopping on HippMAMA’S Website (the "Site"). These Terms and Conditions of Product Sales are subject to change without prior notice, except that the Terms and Conditions of Product Sales posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by HippMAMA and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting HippMAMA at the address provided below. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
CopyrightThe entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HippMAMA. The collective work includes works that are licensed to Sebiza, LLC d/b/a HippMAMA and www.thehippmama.com. Copyright 2010. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HippMAMA or purchasing HippMAMA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HippMAMA or to purchase HippMAMA products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HippMAMA. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TrademarksAll trademarks, service marks and trade names of HippMAMA used in the site are trademarks or registered trademarks of HippMAMA.
Warranty DisclaimerThis site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied, unless otherwise stated in writing by HippMAMA. To the fullest extent permissible pursuant to applicable law, HippMAMA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HippMAMA does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HippMAMA does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Risk of Loss and DeliveryIf Customer provides HippMAMA with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for HippMAMA, title to products and risk of loss or damage during shipment passes from HippMAMA to Customer upon shipment from HippMAMA facility or vendor facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from HIPPMAMA to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to product will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. HIPPMAMA retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges unless otherwise provided in writing.
HIPPMAMA will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by HIPPMAMA are estimates only.
Typographical ErrorsIn the event that a HippMAMA product is mistakenly listed at an incorrect price, HippMAMA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HippMAMA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HippMAMA shall issue a credit to your credit card account in the amount of the incorrect price.
Term; TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HippMAMA without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NoticeHippMAMA may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HippMAMA.
Use of SiteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HippMAMA or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation DisclaimerHippMAMA does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HippMAMA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HippMAMA reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HippMAMA in its sole discretion.
Orders; Payment Terms; Interest; TaxesOrders are not binding upon HIPPMAMA until accepted by HIPPMAMA. Purchases are required to be prepaid prior to HIPPMAMA initiating delivery. Terms of payment are within HIPPMAMA’S sole discretion. Invoices, if applicable, are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by HIPPMAMA. HIPPMAMA may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Unless specifically collected by HippMAMA, Customer is responsible for, and will indemnify and hold HIPPMAMA harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by HIPPMAMA’S net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide HIPPMAMA with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of HIPPMAMA’S costs of collection, including court costs, filing fees and attorney’s fees.
Damaged ProductsIf Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify HIPPMAMA immediately to arrange for a carrier inspection and a pick up of damaged products.. Timely receipt of this information is necessary for HIPPMAMA to file a damage claim. Failure to return a product within the applicable warranty period will be deemed to be an acceptance of the product.
Third-Party LinksIn an attempt to provide increased value to our visitors, HippMAMA may link to sites operated by third parties. However, even if the third party is affiliated with HippMAMA, HippMAMA has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HippMAMA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HippMAMA seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Limitation of LiabilityNEITHER HIPPMAMA NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE, DELIVERY OR USE OF PRODUCTS, NEITHER HIPPMAMA NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM; OR (B) $1,000.00.
IndemnificationYou agree to indemnify, defend, and hold harmless HippMAMA, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Governing LawTHESE TERMS AND CONDITIONS OF PRODUCT SALES AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Product Sales more than one (1) year after the cause of action has arisen.
Version Date: 10-14-10