TERMS OF USE
Welcome to www.hipbrazil.com (the “Website”), operated by Hip Enterprises, LLC (hereinafter, "Operator", "us", “our” or "we"). The Website offers an online community for visitors (“Visitors”) and registered subscribers who must be at least eighteen (18) years of age (“Subscribers”) to use the Website and learn more about us. These Terms of Use (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.
Please read this Agreement and Refund Policy carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website. Operator reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications.
You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of the current version of the Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use this Website.
Subscribers agree to be bound by the terms and conditions of this Agreement by clicking on the "I Accept" button at registration. Failure to click the “I Accept” button will prevent an individual from registering with us as a Subscriber.
1. Registration and Subscription.
(a) You must register as a Subscriber in order to access certain functionality and content on the Website or otherwise transmit to Operator any text, data, messages, comments, information, images, graphics, photographs, materials and/or any other content (collectively, “Content”). You agree that you will provide us with accurate, complete and current information about you during registration and in connection with transactions executed through the Website, and that you will update any information provided to us if and when such information should change. By clicking on the “I Accept” button, each Subscriber acknowledges that such Subscriber is at least eighteen (18) years of age and has read, agreed with and accepts to abide by the term of this Agreement. You agree that Operator has the right to cancel your membership or subscription for any reason at any time, in our sole discretion. (b) As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT, WHETHER BY YOU OR ANYONE ELSE. You agree to notify Operator immediately of any unauthorized use of your account or any other breach of security. Operator will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Operator or another party due to someone else using your account or password. (c) The fee for registering as a Subscriber is Thirty Dollars ($30) per calendar quarter or One Hundred Dollars ($100) per year, (each installment, a “Subscription Fee”). Subscription Fees are NON-REFUNDABLE. Upon registering as a Subscriber, your credit card will be charged the initial Subscription Fee and another installment of the Subscription Fee will automatically be billed to your credit card at the commencement of each calendar quarter thereafter, unless you notify us in writing no less than thirty (30) days in advance of any applicable calendar quarter that you do not wish to renew your subscription.
2. MEDICAL DISCLAIMER; Personal Responsibility; Release.
(a) THE WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT OFFER MEDICAL OR COUNSELING ADVICE OF ANY KIND, INCLUDING WHETHER FOR MEDICAL OR OTHER PROFESSIONAL DIAGNOSIS, TREATMENT, OR TO ADVOCATE OR RECOMMEND THE TAKING OF ANY COURSE OF ACTION OR THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. YOU SHOULD NOT RELY UPON ADVICE RECEIVED THROUGH THE WEBSITE FOR MEDICAL OR HEALTH DECISIONS AND WE ENCOURAGE YOU TO CONSULT WITH APPROPRIATE MEDICAL PROFESSIONALS, INCLUDING WITHOUT LIMITATION A PHYSICIAN, FOR SPECIFIC ADVICE TAILORED TO YOUR SPECIFIC HEALTH NEEDS. YOU AGREE THAT INFORMATION RECEIVED THROUGH THE WEBSITE SHOULD NOT BE UNDERSTOOD TO BE MEDICAL ADVICE AND IS NOT MEANT TO TAKE THE PLACE OF SEEING LICENSED HEALTH PROFESSIONALS. THE WEBSITE IS NOT INTENDED TO ENDORSE OR GUARANTEE THE APPROPRIATENESS OR ACCURACY APPEARING ON THE WEBSITE OR LINKED TO FROM THE WEBSITE. YOU UNDERSTAND THAT NEITHER (I) OPERATOR, (II) VANESSA ISAAC, (“author”) NOR HER HEIRS, REPRESENTATIVES OR ASSIGNS, (III) NOR ANY OF OUR SERVICE PROVIDERS, NOR (V) ANY OF SUCH PARTIES’ OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES (COLLECTIVELY, THE “OPERATOR PARTIES”) ARE ACTING IN THE CAPACITY OF A DOCTOR, LICENSED DIETICIAN-NUTRITIONIST, PSYCHOLOGIST OR OTHER LICENSED OR REGISTERED PROFESSIONAL. ACCORDINGLY, YOU UNDERSTAND THAT NONE OF THE OPERATOR PARTIES IS PROVIDING MEDICAL, HEALTH CARE, NUTRITION, OR OTHER THERAPY SERVICES AND WILL NOT DIAGNOSE, TREAT OR ATTEMPT TO CURE IN ANY MANNER WHATSOEVER, ANY DISEASE OR AILMENT OF THE HUMAN BODY. FURTHER, YOU ACKNOWLEDGE THAT VANESSA ISAAC IS NOT EVER PRACTICING MEDICINE, OR ACTING IN THE CAPACITY OF A PHYSICIAN WITH RESPECT TO YOU OR ANY OTHER VISITOR TO THIS WEBSITE, AND ANY AND ALL POSTINGS BY HER, INCLUDING RESPONSES TO SPECIFIC COMMENTS OR QUESTIONS FROM SUBSCRIBERS, REFER ONLY TO BROAD GENERALIZATIONS WHICH MAY NOT APPLY TO A GIVEN INDIVIDUAL, AND WHICH MAY EVEN BE HARMFUL OR DANGEROUS TO ANY GIVEN INDIVIDUAL DEPENDING ON THEIR MEDICAL CONDITION AND BACKGROUND. YOU ARE FULLY AND COMPLETELY RESPONSIBLE FOR CONSULTING WITH A QUALIFIED MEDICAL PROFESSIONAL REGARDING ANY INFORMATION CONTAINED OR CONVEYED ON THIS WEBSITE. YOU ATTEST, BY CHOOSING TO WATCH OR FOLLOW THE HIP BRAZIL DANCE AND FITNESS PROGRAMS THAT YOU ARE PHYSICALY FIT TO PARTICIPATE IN THE PHYSICAL ACTIVITY KNOWN AS AND ASSOCIATED WITH INTERTET AND DIGITAL HIP BRAZIL DANCE CLASSES OFFERED BY VANESSA OR ITS AFFILITES. BY CHOOSING TO PARTICIPATE, WATCH AND FOLLOW THE PROGRAMS OFFERED AT THE HIP BRAZIL SITE YOU WAIVE AND RELEASE ALL CLAIMS, LIABILITIES, ACTIONS DAMAGES, COSTS OR EXPENSES OF ANY NATURE WAHTSOEVER FOR INJURIES YOU MIGHT SUSTAIN, KNOW OR UNKNOW, ARISING OUT OF THE FITNESS AND DANCE PROGRAMS OFFERED AT THIS SITE NOW AND AT ALL TIMES IN THE FUTURE. YOU RECOGNIZE THERE IS A RISK ASSOSSIATED WITH FOLLOWING AND PHYSICALLY PARTICIPATING IN THE ACTIVITS ASSOCIATED WITH DANCE AND MUSIC CLASSES, YOU AGREE TO ASSUME TOTAL RISK OF ANY SUCH ACTIVITIES CONNECTED WITH HIP ENTERPRISES, HIP BRAZIL AND VANESSA ISAAC. YOU HOLD HIP ENTERPRISES, HIP BRAZIL AND VANESSA ISAAC AND HER ASSOCIATES HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, WHATEVER IN LAW AND EQUITY, KNOW OR UNKNOW, INCURRED BY THE HIP BRAZIL CLASSES AND ARRISING OUT OF OR IN ANY WAY RELATED, DIRECTLY OR INDIRECTLY, FOR PARTICIPTING THE HIP BRAZIL DANCE AND FITNESS PROGRAMS OFFERED BY HIP BRAZIL SITE. (b) You acknowledge and agree that you take full responsibility for your life and well-being, as well as the lives and well-being of your family, and all decisions arising out of or relating to your use of the Website. (c) You expressly assume the risks of using the Website, whether or not such risks were created or exacerbated by any of the Operator Parties, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against any of the Operator Parties that you have ever had, now have, or will have in the future, arising from the your past or future participation in, or otherwise with respect to the Website, unless arising from the gross negligence of any Operator Party.
3. Limited License.
Operator grants to you a limited non-exclusive and non-transferable right and license for YOUR personal use ONLY to access the Website.
4. Prohibited Activities.
In connection with your use of the Website, you acknowledge and agree that you will not: (a) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, software, products or services obtained through the Website;(b) access the Website by any means other than through the standard industry-accepted or Operator-provided interfaces; (c) transmit any software or Content that is or may be infringing, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or may invade another's right of privacy or publicity;(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with such a person or entity; (e) post or transmit any material that contains a virus or corrupted data;(f) delete any author attributions, legal notices or proprietary designations or labels that you upload to, or that otherwise appear on, the Website; (g) use any Website communications features in a manner that adversely affects the availability of such resources to Visitors or Subscribers (e.g., excessive shouting, use of all caps or flooding continuous postings of repetitive text) or adversely affects the quality of their experience in interacting with the Website; (h) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (i) violate any applicable local, state, national or international law; (j) post to the Website or transmit any Content that infringes or may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; (k) delete or revise any Content posted by any other person or entity; (l) manipulate the Website by using framing or similar navigational technology; (m) post to the Website or transmit any Content that is fraudulent; (n) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service if you are not expressly authorized by such party to do so; or (o) use the Website for any purpose that is unlawful or prohibited by the Agreement. You may not use the Website in any manner that could damage, disable, overburden or impair Operator's servers or networks, or interfere with any other party’s use and enjoyment of the Website. Furthermore, you may not attempt to gain unauthorized access to any website, accounts, computer systems or networks connected to Operator through hacking, password mining or any other means. You may not obtain or attempt to obtain any software or Content through any means not intentionally made available through the Website. Registrants agree not to post or otherwise submit to the Website any Registrant Content that:
5. Commercial Transactions.
(a) Certain products or services, including subscriptions to premium Content, may be offered for sale through the Website. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Operator or an authorized third party on Operator’s behalf to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Operator or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.(b) Subscribers acknowledge and agree that they authorize Operator to automatically debit their credit cards on a rolling quarterly basis in consideration of the provision of subscription services as described on the Website, in accordance with the order for such subscription services placed by such Subscriber through the Website. (c) Your right to use any service or product that is available for purchase through the Website is conditional on our receipt of payment for such service or product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
6. Forums.
The Website contains certain “public” forums that are viewable to all Subscribers. The Operator Parties expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties. The Operator Parties are not responsible for any errors or omissions in such postings, outdated postings or for hyperlinks embedded in any messages. Under no circumstances will any of the Operator Parties be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the party posting such opinions, and do not reflect the opinions of any other party unless explicitly so indicated.
7. Monitoring.
Operator does not, and you agree that Operator has no obligation to, review Content submitted by Subscribers before it is posted on the Website or once it has been posted on the Website, and therefore we cannot guarantee the accuracy, integrity or quality of Content posted by Subscribers and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable Content will not appear on the Website. Notwithstanding the aforementioned, you acknowledge and agree that Operator shall have the right to remove with or without explanation any Content that Operator determines, in its sole discretion, to be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable. You agree that you shall notify Operator in writing of any objectionable Content. Content posted to the Website be subject to size and usage limitations, and Subscribers are responsible for adhering to such limitations.
8. Third Party Content.
(a) Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by Subscribers are those of such Subscribers and not Operator. No Operator Party guarantees the accuracy, completeness, or usefulness of any Content. Furthermore, no Operator Party endorses or is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Website by anyone. (b) You agree that under no circumstances will any of the Operator Parties be liable in any way, and that you shall hold Operator and the Operator Parties harmless for (i) any errors or omissions in Content provided through the Website, (ii) any loss or damage of any kind incurred as a result of the use of Content provided through the Website, or (iii) generally for the accuracy, reliability, or quality of Content provided through the Website. (c) By posting Content to the Website or by otherwise sending or transmitting Content to us, Subscribers warrant and represent that either (i) such Subscriber owns the proprietary rights to any Content that such Subscriber is posting to the Website, or (ii) such Subscriber has obtained prior written consent from the owner of proprietary rights to any Content that such Subscriber is posting to the Website. By posting Content to the Website, Subscribers also warrant and represent that any such Content does and will not infringe any party’s proprietary, publicity, privacy, or other rights and that such Content is and will not defamatory or libelous. (d) By posting Content to the Website or by otherwise sending or transmitting Content to us, a Subscriber hereby grants to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, fully-paid, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to such Subscriber, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Such Subscribers waive any moral rights in, or approval rights to, such Content. (e) None of the Content posted via public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, and none of the Operator Parties shall be liable for any use or disclosure of any such Content.
9. Sweepstakes, Contests and Games.
Operator may provide sweepstakes, contests and games through the Website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
10. Disclaimer Regarding Links.
The links on the Website may permit you to leave the Website in order to access a linked site (the "Linked Website"). Operator provides these links as a convenience, but we neither control nor endorse any Linked Website, nor has Operator reviewed or approved the content which appears on any Linked Website. Operator is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Website. You acknowledge and agree that Operator and the Operator Parties 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 the use of any of the links, content, goods or services available on or through any Linked Website.
11. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that none of the Operator Parties shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12. Proprietary Rights.
You acknowledge and agree that the Website contains intellectual property and other proprietary rights that are protected by applicable intellectual property and other laws, and that are the sole property the Operator Parties or such parties’ licensors. You further acknowledge and agree that any Content contained in advertisements or information presented to you through advertisers is protected by copyrights, trademarks, service marks, patents of such third parties or other proprietary rights and laws.
13. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Operator infringe your copyright, you, or your agent may send to Operator a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Operator actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Operator a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
14. Privacy.
Operator 's policy with respect to the collection and use of your personally identifiable information through the Website.
15. DISCLAIMER OF WARRANTIES
(A) YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF THE OPERATOR PARTIES MAKES ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPERING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. NONE OF THE OPERATOR PARTIES ENDORSES ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE WEBSITE BY REGISTRANTS AND REGISTRANT CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF ANY OF THE OPERATOR PARTIES.
(B) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ANY OF THE OPERATOR PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. OPERATOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
(C) EXCEPT AS EXPRESSLY PROVIDED HEREIN, NONE OF THE OPERATOR PARTIES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE OPERATOR PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
16. LIMITATION OF LIABILITY
(A) IN NO EVENT SHALL ANY OF THE OPERATOR PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. EACH OF THE OPERATOR PARTY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED THE GREATER OF (I) THE AGGREGATE AMOUNT PAID BY YOU TO OPERATOR FOR USE OF THE WEBSITE, OR (III) $1,000.
(B) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 15 OR 16 HEREOF MAY NOT APPLY TO YOU.
17. Representations and Warranties.
Each Subscribers represents and warrants that (i) such Subscriber will abide by the terms of this Agreement, (ii) the posting of Content by such Subscriber does not violate any restrictions to which such Subscriber is bound, (iii) Content submitted by such Subscriber is accurate and does not and shall not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Content by such Subscriber does not violate the terms of this Agreement or any applicable laws or regulations. Visitors represent and warrant that they will abide by the terms of this Agreement.
18. Indemnification.
You agree to indemnify, defend, and hold the Operator Parties harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any Content that you transmit to Operator or post on the Website infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Website. This Section 17 shall survive in the event this Agreement is terminated for any reason.
19. Notice. Except as otherwise stated, any notice to us shall be given by certified mail to:
Hip Enterprises, LLC
c/o Hip Brazil
P.O. BOX 90645
Santa Barbara, CA 93190 USA
and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given forty eight (48) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be deemed given five (5) days after the date of mailing.
20. Jurisdictional Issues.
The Operator Parties make no representation or warranty that Content on the Website is appropriate or available for use in locations outside the United States. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Operator reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website to any person, geographic area, or jurisdiction we so desire, and to limit the services or products that we provide accordingly.
21. General Information.
This Agreement constitutes the entire agreement and understanding between you and the Operator Parties and governs your use of the Website, superseding any prior agreements between you and any of Operator. This Agreement and the relationship between you and Operator shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and the Operator irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Santa Barbara, in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Operator to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you; however, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Operator of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Any provision of this Agreement that imposes or contemplates continuing obligations on you or Operator shall survive the expiration or termination of this Agreement to the extent necessary to carry out such provision.
REFUND POLICY
ONLINE SUBSCRIPTION REFUND POLICY
All subscribers recognize that the credit card they have on file will continue to be billed until and unless that subscriber cancels his/her subscription with hipbrazil.com.
Quarterly Subscription Plan We will charge your credit card every beginning of Quarter at the start of your membership. We will continue to charge your credit card on a quarterly basis until you cancel your membership. You may cancel your membership at any time without incurring a cancellation fee by logging into your account and canceling your membership. Upon canceling your membership, no further fees will be charged for the NEXT FOLLOWING QUARTER. You shall NOT be entitled to any pro-rated or partial refund if you cancel your membership before the end of the then current subscription period. If you cancel at any time after purchasing a subscription to hipbrazil.com (e.g., 20 minutes after you sign up), you will still be charged for the full subscription period.
Annual Plan This membership is for a twelve-month period with payments made annually. We will charge your credit card from the start of your membership with the installment fee for the plan you have chosen. We will continue to charge your credit card once a year for this subscription program. So, for example, if you joined on May 5, 2008 your credit card will be charged on May 5, 2009; May 5, 2010; and so on. You may cancel your membership at any time without incurring a cancellation fee by logging into your account and canceling your membership. Upon canceling your membership, no further fees will be charged for the NEXT FOLLOWING QUARTER. You shall NOT be entitled to any pro-rated or partial refund if you cancel your membership before the end of the then current subscription period. If you cancel at any time after purchasing a subscription to hipbrazil.com (e.g., 20 minutes after you sign up), you will still be charged for the full subscription period.
PRODUCTS REFUND POLICY
Below is a refund policy for products only. For web subscription please refer to statement above.
You may return most items sold, except web subscription, by Hip Enterprises, LLC at our hipbrazil.com site within 30 days from the invoice date for a full refund. Please include a copy of your invoice. Please note that all items for a refund must be returned in "as new" condition in the original packaging and include all accessories. A 15% restocking fee may be applied to all returns for a refund if the return is a result of your error. We will refund your credit card account within 10-15 business days of receiving your returned item. DVDs and CDs Items are returnable only if unopened, incorrect or defective.
We cannot accept returns of certain items for a refund, including:
• ANY item that is returned more than 30 days after delivery.
• Due to the nature of sales and copyright laws, any DVD, VCD, CD (video, movies, TV series, music, etc.) discs and software that has been opened (taken out of its plastic wrap) unless the item is defective.
• Any item that is not in its original condition, is physically damaged, or has missing parts.
• Any DVD, VCD and CD media that has been custom printed by customers on the surface of the media.
• Any DVD or CD samplers.
• Downloadable items such as music tracks and digital video are NOT refundable.
Return Policy for Exchange or Replacement
You have 30 days period from the date of receipt for product replacement or exchange. If you would like an exchange, the item(s) returned need to be unused/unopened and within warranty. You will also need to include the return item(s) with the new item number that you would like for exchange. If there is a difference in the cost, please refer to the payment method for the difference. If you do not include the required information with your return you will be contacted by one of our customer support representatives. Sender bears shipping cost.
Return Policy for Defective Items
If you receive a damaged or defective item you must contact Hip Brazil within 5 days of delivery at info@hipbrazil.com.
If hipbrazil.com authorizes a return, after we receive the item, we will examine and test the defective item(s). If the defect is found, we will ship you a replacement, otherwise, the original items will be returned back to you.
Defective titles/products will be replaced with the same title/product only.
Return Shipping Cost: You will be responsible for the cost to return (S&H) of any item(s) either for a refund or exchange.
Canceled Order or Address Errors Canceled orders for products must be emailed to info@hipbrazil.com in one business day after order was submitted to avoid cancellation fee (this does not apply to memberships subscription).
For any package that has been refused by customer or any items returned to Hip Brazil (Hip Enterprises. LLC, hipbrazil.com) due to incorrect address, action, inaction or absence of the recipient, hipbrazil.com will provide a refund LESS any shipping charges. Customers are solely responsible for shipping any returned products to Hip Enterprises, LLC and hipbrazil.com. Customers agree to pay all shipping charges and accept all risk of loss for the return products during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals and other accessories provided by the manufacture. We (hipbrazil.com) will reject the entire return or may choose to impose additional charges against the customer for replacement of any missing component or if the product has scratches, dents or excessive wear. Please allow 7 to 10 business days to process your returns.
All Clearance products purchased from Hip Enterprises, LLC on our hipbrazil.com site will not be accepted for returns or exchanges.
For further assistance please e-mail to info@hipbrazil.com.
Thank you for your understanding of our policy.
DECEMBER 2008
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