Terms of Use
Terms and Conditions
Last updated: July 14, 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.hypeupmarketing.com website (the "Service") operated by Hype Up LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Purchases
If you intend to make a purchase ("Purchase") of any product or service available through our Service, you may be required to provide certain information relevant to your Purchase. This information may include but is not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By making a Purchase, you represent and warrant that:
(i) You have the legal right to use any credit card(s) or another payment method(s) for the Purchase, and
(ii) The information you provide to us is true, accurate, and complete.
To facilitate payment and the completion of Purchases, the Service may utilize third-party services. By submitting your information, you authorize us to share this information with these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time due to reasons including, but not limited to, product or service unavailability, errors in the description or pricing of the product or service, errors in your order, or other relevant factors.
Furthermore, we reserve the right to refuse or cancel your order if there is suspicion of fraud, unauthorized or illegal transactions.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on our Services. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
Our Service, including its original content, features, and functionality, is and will continue to be the sole property of Hype Up LLC and its licensors. The Service is protected by copyright, trademark, and other laws in both the United States and foreign countries. Without the prior written consent of Hype Up LLC, our trademarks and trade dress may not be used in connection with any product or service.
External Links
Our Service may include links to third-party websites or services that are not owned or controlled by Hype Up LLC.
Hype Up LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of any of these entities or individuals, nor do we warrant the accuracy or completeness of any information provided by them.
You acknowledge and agree that Hype Up LLC 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 or reliance on any content, goods, or services available on or through any third-party websites or services.
We strongly recommend that you carefully review the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
Under our sole discretion, we reserve the right to terminate or suspend your access to the Service at any time and without prior notice or liability, for any reason whatsoever. This includes but is not limited to, instances of a breach of the Terms.
Upon termination, all provisions of the Terms that by their nature should survive will continue to apply. This includes but is not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to protect, compensate, and exempt Hype Up LLC, its licensees, licensors, employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) that may arise from a) your use and access to the Service, or b) a violation of these Terms.
Limitation of Liability
Hype Up LLC, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes but is not limited to loss of profits, data use, goodwill, or other intangible losses. Such damages may arise from:
(i) Your access to or use of, or inability to access or use, the Service.
(ii) Any conduct or content of any third party on the Service.
(iii) Any content obtained from the Service.
(iv) Unauthorized access, use, or alteration of your transmissions or content.
These limitations apply regardless of whether the damages are based on warranty, contract, tort (including negligence), or any other legal theory. They also apply even if we have been informed of the possibility of such damage. Furthermore, in the event that a remedy provided in these Terms is found to have failed its essential purpose, the limitations of liability still stand.
Disclaimer
Your utilization of the Service is solely at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without any warranties, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Hype Up LLC, its subsidiaries, affiliates, and licensors do not guarantee that:
a) The Service will operate uninterrupted, be secure, or be available at any specific time or location.
b) Any errors or defects in the Service will be corrected.
c) The Service is free from viruses or other harmful components.
d) The outcomes or results of utilizing the Service will meet your specific requirements.
Exclusions
Please note that certain jurisdictions may not permit the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations stated above may not apply to you.
Exclusions
The interpretation and enforcement of these Terms shall be governed by and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
If we fail to enforce any right or provision of these Terms, it does not constitute a waiver of that right or provision. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will continue to be in effect. These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If there are substantial changes, we will provide a notice period of at least 30 days before the new terms become effective. The determination of what constitutes a substantial change will be made by us, at our sole discretion.
By continuing to access or use our Service after any revisions take effect, you acknowledge your acceptance of the revised terms and agree to be bound by them. If you do not agree to the new terms, you are no longer authorized to use the Service.
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