USE OF HYPEACH
Subject to these Terms and Conditions, HYPEACH hereby grants you a limited, revocable, non-exclusive license to access and use the HYPEACH website on your computer or mobile device. You may not reproduce, modify, display or otherwise make commercial use of any content from the HYPEACH website unless expressly permitted by HYPEACH. HYPEACH reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user's conduct violates applicable laws or is otherwise harmful to HYPEACH.
NOTICE TO MINORS
By using our Platforms you represent and warrant that you are at least 18 years of age or are using our Platforms with the permission and supervision of a parent or guardian. No one under eighteen (18) years of age may provide any personal information. HYPEACH does not knowingly collect personal information from children under the age of eighteen (18).
In order to use certain features of the Platforms, you may need to create an account. At any time, HYPEACH has the right and sole discretion to approve any user for an account. HYPEACH may decline to allow anyone an account on the Platforms with or without reason.
If the Platforms requires you to create a user account, you are only to use your user account and not the user account of another without their permission. You agree you shall immediately notify HYPEACH of any unauthorized use of your username, password, identification/security code, or any other breach of security whatsoever. In order to safeguard your security, the security of these Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.
As you browse these Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is current, accurate, and complete.
In the event you apply for and/or are approved to be a Style Ambassador for Hypeach’s Style Ambassador Affiliate Program, you are subject to the terms and conditions contained in our Style Ambassador Affiliate Program, which can be accessed through the following link https://hypeach.com/pages/affiliate-terms.
If you wish to purchase any product or service made available through the Platforms (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, credit card number, the expiration date of your credit card, bank account information, your billing address, insurance options, and your shipping information/options. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you expressly grant to HYPEACH the right to provide such information to third parties, such as our payment processing service provider, for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Platforms are subject to change at any time without notice. Certain information and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platforms does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Platforms. By registering as a user and/or purchasing any products or services on the Platforms, you represent that the products or services ordered will be used only in a lawful manner. HYPEACH reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any discount, introductory offer, coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Platforms, you are entering into a binding contract with HYPEACH and agree to pay all charges that may be incurred by you or on your behalf through the Platforms, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
RETURN AND REFUND POLICY
Please see our return policy here.
USER REVIEWS, PHOTOS, & COMMENTS
You further agree to indemnify, defend, and hold harmless HYPEACH from any and all liability, claim, cause of action, loss, or damages resulting from content you post to the Platforms, to HYPEACH’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content.
You hereby grant an irrevocable, fully prepaid, worldwide, perpetual, and transferable license to HYPEACH to use, copy, distribute, publish, and modify anything posted by you to the Platforms. All such submissions shall automatically become HYPEACH’s sole and exclusive property. You also grant HYPEACH the right to use the name that you submit, if any, in connection with said submission.
Any ideas, comments, suggestions, notes, drawings, concepts, or other such information submitted to HYPEACH, whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary. HYPEACH does not owe you any confidentiality or nondisclosure obligations, whether express or implied. HYPEACH be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you.
The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, or other community forums (the “Community Forums”). The following governs the use of the Community Forums:
The Platforms are not and shall not function as an archive. HYPEACH shall have no liability to you or any other person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining independent archival and backup copies of any submission.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by HYPEACH, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All rights, title, and interest to the Works remain with HYPEACH and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without the permission of HYPEACH and/or the Owners.
CORRECTION OF ERRORS AND INACCURACIES
We endeavor to present the most recent, most accurate, and most reliable information on our Platforms at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please not that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your HYPEACH purchase, you may return it with the original HYPEACH packing receipt. Please see our Return Policy.
In the event a HYPEACH or Hypeach Boutique catalog product is listed at an incorrect price due to typographical error or systems error, HYPEACH shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. HYPEACH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been made.
COMMUNICATIONS TO YOU
By submitting your email address into our email submission form, you agree that HYPEACH may send electronic mail to you for purposes that HYPEACH deems appropriate.
CONTESTS & PROMOTIONS
Any contests or promotions described or posted on the Platforms will be governed by the rules regulating such event.
HYPEACH has made every effort to display, as accurately as possible, the colors of our products that appear on our Platforms. However, as the actual colors you see depend on your screen, we cannot guarantee that your screen's display or colors you see will be accurate.
CONTENT FROM THIRD PARTIES
From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services to you, as determined by us.
Any and all content from third parties is for informational purposes only and HYPEACH does not verify the accuracy or truthfulness of any material. Specifically, HYPEACH does not independently verify information related to the third-parties’ content located on the Platforms, and whether such content is in compliance with all applicable laws, or any other information relating to the third-party content.
OPTIONAL THIRD-PARTY TOOLS
ENTIRE AGREEMENT; MODIFICATION
These Terms together with our Polices, any Ancillary Agreements, and any other document referenced herein, constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.
RESTRICTIONS ON USE
You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms shall be construed as granting or conferring any license under HYPEACH and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, HYPEACH may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking your IP address, at any time without prior notice.
SOCIAL MEDIA AND LINKED SITES
(a) THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE WEBSITE, AND/OR THE SERVICES, HYPEACH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HYPEACH MAKES NO WARRANTY THAT THE WEBSITE AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE, BUG-FREE, OR MALWARE-FREE BASIS. HYPEACH MAKES NO WARRANTY REGARDING THE QUALITY OF THE WEBSITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYPEACH OR THROUGH THE WEBSITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
RELEASE AND WAIVER OF CLAIMS
To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for actual and/or consequential damages, costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (A) THE SERVICES AND/OR THESE TERMS, (B) CONTENT AND/OR YOUR USER CONTENT, (c) YOUR TRANSACTIONS WITH LINKED SITES and/or Service Providers, (d) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (E) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL CONTENT obtained or accessed by or through the Services. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM ANY ASPECT OF THE SERVICES, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS and/or the SERVICES, (B) CONTENT AND/OR YOUR USER CONTENT, (c) YOUR TRANSACTIONS WITH LINKED SITES and/or Service Providers, (d) and/or (E) ANY OTHER ASPECT OF OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed an amount equal to the greater of: (i) the sums paid by you to us in connection with the Services, or (ii) $125. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
NO FRAMINING OR LINKING
Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior written approval from HYPEACH.
(a) In the event that any dispute arises with respect to the Services, these Terms, or any of our Policies, such dispute shall be resolved by binding arbitration in accordance with the Commercial Dispute Resolution Procedures of JAMS, Inc. in California. Any court action between you and us shall take place in the state courts located in Orange County, California or in the U.S. District Court for the state of California, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises between us and you. By using the Platforms and/or the Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in California, or in the U.S. District Court for the Orange County District of California as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORMS AND/OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER 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 DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 15, we shall be entitled to petition the courts mentioned in Section 15(a) for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without positing bond or other security, and to enforce specifically such provisions of these Terms.
(d) Dispute Resolution Severability. If a court decides that any term or provision relating to our ability to submit any above-mentioned dispute to arbitration or to the above class action wavier according to this Section 15, the parties agree to litigate any such dispute according to Section 15(a) above and to replace any other such terms or provisions of Section 15(a) or Section 15(b) with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 15 shall be enforceable as so modified. In the event of any such severing, the remainder of these Terms will continue to apply.
You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the Services; any infringement of a third party’s rights (including but not limited to intellectual property rights); a breach of a representation or warranty made by you; your interactions with a Service Provider; any Service Provider Work performed for you by a Service Provider; your User Content; any defamatory, offensive, fraudulent, or illegal use of the Services by you; any improper disclosure of Content by you; and any violation by you of these Terms or any of our other Policies.
All provisions of these Terms which must or which in accordance with its terms are intended to survive the earlier termination or expiration of these Terms and/or any license to access or use any portion of the Services granted by these Terms shall survive the earlier termination or expiration thereof.
By using the Services, you agree that we and our Affiliates may provide you with any notices or other communications about the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is Transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liable for Transmitting any Content to Users.
SEVERABILITY; NO WAIVER; ASSIGNMENT
The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms is deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
OUR RELATIONSHIP WITH YOU
With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and HYPEACH to be treated as a partnership, joint venture, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word. The word “or” connotes any combination of all or any of the items listed (e.g. in the same manner as “and/or”). The word “including” and its syntactic variants mean “includes, but is not limited to” and corresponding syntactic variant expressions.
GOVERNING LAW; ENGLISH LANGUAGE
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware of regarding the use of our Services and may contact law enforcement if we are made aware of any use of our Services which potentially violates any applicable laws, statutes, ordinances, or regulations. The Services are designed and targeted to Users who reside in the United States. We make no representation that the Services are operated in accordance with the laws or regulations of, or governed by, other nations. By accessing the Services you certify that you meet the age and other eligibility requirements for use of the Services. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
CHANGES AND UPDATES
FEEDBACK OR QUESTIONS
If you have questions, comments or a complaint about these Terms, you may send a written notice to us at firstname.lastname@example.org.
Thank you for visiting our Platforms.
Updated: September 17, 2020