Terms & Conditions
These Terms set forth legally binding terms and conditions that govern your use of the The Temper Offerings. By registering for or using any of the The Temper Offerings, you are agreeing that you have read, understand, and fully consent to these Terms. You may not access or use any of the The Temper Offerings or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access or use any The Temper Offerings.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, using our Website, registering for, purchasing or using any The Temper Offerings that you are waiving certain legal rights and you are voluntarily agreeing to do so.
If you have any questions about these Terms, please do not hesitate to contact us at [email protected] before using our Website or registering for or purchasing any The Temper Offerings.
The The Temper Offerings are intended solely for users who are adults (18 years old or over). Any registration by, use of or access to any The Temper Offerings by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using any The Temper Offerings, you represent and warrant that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms.
Unless otherwise stated, Hip Sobriety Inc. owns the intellectual property rights for the The Temper Offerings and all the materials available on and through the Website. Subject to the limited license below, all these intellectual property rights are reserved. We grant you a personal, non-exclusive, non-assignable, non-transferable, limited, revocable license to access and use the Website and any The Temper Offerings you have purchased, solely for your personal, non-commercial use.
You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, rent, host, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means), in whole or in part, any content from any The Temper Offerings except as follows: You may download and/or print one copy of any Website pages, email correspondence, and/or any downloadable content expressly indicated as such in the The Temper Offerings, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices, give us credit by name, and, if used electronically, you must include the link back to the Website page from which the information was obtained.
As a licensee, you understand and acknowledge that the information obtained on or through the The Temper Offerings has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours. Unauthorized use of any The Temper Offerings may give rise to a claim for damages and/or be a criminal offense. You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you. When you register for, purchase, and/or use any of the The Temper Offerings, you expressly agree that you will not steal our content or share it with any other person for commercial or non-commercial purposes without our express written permission. Duplication, sharing, selling, or uploading any of our material with others, or downloading or sharing information in any way and sharing it with anyone contrary to the limited license we have provided to you is considered stealing and theft, and we reserve the right to prosecute theft to the full extent of the law.
ACCEPTABLE USE POLICY
You agree not to use the The Temper Offerings or any related aspect:
- In any way that causes, or is likely to cause, access to any The Temper Offerings to be interrupted, damaged or impaired in any way.
- For fraudulent purposes, in connection with a criminal offense, or to otherwise carry out any unlawful activity.
- To collect, upload, transmit, display, or distribute, any material that is illegal, offensive, abusive, indecent, harmful, defamatory, intentionally misleading, obscene or menacing, threatening, harassing, invasive of privacy, in breach of confidence, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, is objectionable in our sole judgment, or is otherwise injurious, including violation of any third-party intellectual property right.
- To collect, upload, transmit, display, or distribute, any material which consists of or contains software viruses or any other harmful or similar computer code designed to damage or alter the operation of any computer system or data, unauthorized advertising, chain letters, mass mailings, spam, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
- To harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
- To attempt to gain unauthorized access to the The Temper Offerings (or to other computer systems or networks connected to or used together with the The Temper Offerings).
- To cause interference or needless anxiety with any other user’s use and enjoyment of the The Temper Offerings.
- To impersonate any third party or otherwise mislead as to the origin of your content.
- To reproduce, duplicate, copy or resell any of our content in contravention with these Terms or any other agreement that you may have with us.
- You understand that you are solely responsible for all electronic communications and content sent from to us by you.
ASSUMPTION OF RISK, PERSONAL RESPONSIBILITY, AND DISCLAIMER
Your use of any The Temper Offerings is at your sole risk. The The Temper Offerings offered on or through our Website or any third-party websites are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness of the The Temper Offerings for any purpose. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the The Temper Offerings will be uninterrupted or error-free, that defects will be corrected, or that any part of the The Temper Offerings are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the The Temper Offerings in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Every effort has been made to present you with the most accurate, up-to-date information. However, because the field of addiction is constantly evolving, we cannot be held responsible or accountable for the completeness, accuracy, or adequacy of our content or guarantee that all of the information provided in the The Temper Offerings is completely current or applies to you specifically. You acknowledge that such information and materials provided in any The Temper Offering you are using, or in material referenced by or linked to by any The Temper Offering may contain inaccuracies, errors, or omissions and we expressly disclaim liability for any such inaccuracies, errors, or omissions to the fullest extent permitted by law. By accessing or using any The Temper Offerings, you agree that you are assuming all risks and using your own judgment and discretion in using the information or materials provided on or through such The Temper Offerings. You also agree to our full Disclaimer.
“The Temper”, “The Temper School”, “Hip-So-Factos”, “Dear The Temper”, “The The Temper Project”, “A Modern Place to Explore Sober You”, and any other trademarks, taglines, and logos displayed in the The Temper Offerings are trademarks or registered trademarks of Hip Sobriety Inc. except as indicated. Other product, brand, and company names and logos reproduced in the The Temper Offerings which are not owned or licensed by us are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing in the The Temper Offerings without the prior written consent of Hip Sobriety Inc. or the owner of the mark, as appropriate, is strictly prohibited. For those trademarks, taglines, and logos for which you are granted permission to use, the trademark incidia must be included at all times.
“User Content” means any and all information and content (including, but not limited to, user profile content, posts, comments, photos and videos) that you submit to, or use with, our Website, The Temper Offerings, or any of our social media groups including, but not limited to, our private Facebook group page.
By submitting any User Content, you are representing that you are the owner of your User Content, or have express consent from the owner, and that you are 18 years of age or older. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice.
You hereby grant (and you represent and warrant that you have the right to grant) to us and our subsidiaries, affiliates, and successors an irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, transferable, worldwide license to use, reproduce, modify, publish, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with providing the The Temper Offerings and our business, including without limitation for promoting the The Temper Offerings. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You retain all rights in your User Content, subject to the rights granted to us in these Terms.
Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using any The Temper Offerings, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
We respect the intellectual property rights of others, and ask you to do the same. If you believe in good faith that any materials hosted by us infringe your copyright, please contact our copyright agent and provide a notice meeting the current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (“DMCA”; see https://www.copyright.gov/dmca-directory/ for details). By submitting a copyright infringement notice, you acknowledge and agree that we or our copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
If you believe that we have removed or disabled your User Content which is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice meeting the current statutory requirements imposed by the DMCA. We or our copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim.
Our designated agent for notice of copyright infringement can be reached at: [email protected].
LINKS TO EXTERNAL WEBSITES; SOCIAL MEDIA
Likewise, if any The Temper Offering is linked or referenced in a third-party website or social media site, we are not liable for any information provided on or through their website or social media site, as it is not under our control. We accept no liability for any of the views, facts, opinions, or references on any third-party website, program, product, or service whatsoever.
If you provide feedback to us regarding any The Temper Offerings (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
LIMITATIONS OF LIABILITY; INDEMNIFICATION; RELEASE OF CLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE The Temper OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE The Temper OFFERINGS IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM TOTAL LIABILITY OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIMS RELATED TO THE The Temper OFFERINGS OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID OR $10. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other The Temper Offering participant or user. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with any The Temper Offering, including by your use or inability to use any information obtained on or through the The Temper Offerings, any websites linked thereto, and/or any material provided through the The Temper Offerings, private Facebook group page, or in any other way through the The Temper Offerings by us or by others, including without limitation any liability for any detrimental reliance, physical or mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss of damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. By using our Website, registering for, purchasing or using any The Temper Offerings, you agree to our limitation of liability and release us from any and all claims that have arisen or arise directly or indirectly out of, or that relate directly or indirectly to, the The Temper Offerings (including any interactions with, or act or omission of, other users or any third-party links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree at all times to defend, indemnify, and hold harmless Hip Sobriety Inc., our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees, distributors, licensors or licensees, and their respective parent and subsidiary companies, agents, associates, offices, directors, shareholders and employees of each from and against all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of any The Temper Offerings, your violations of these Terms, your violation of any third-party rights through use of the The Temper Offerings, your User Content, or your violation of any applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
SECURITY AND CONFIDENTIALITY
We take every precaution to protect sensitive information. When users submit sensitive information via the The Temper Offerings, all information is protected both online and offline. However, due to the nature of the internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information to us in any manner whatsoever is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or misuse, to you or any third party arising out of any such loss, misuse, or alteration.
We aim to keep all information exchanged between us in strict confidentiality and to not disclose confidential information to anyone else without reason to know such information, except as when required by law or upon written authorization by you.
If we provide you with a password to enable you to access restricted areas of the Website or other content or services, you must ensure that the password is kept confidential. We may disable the password at our sole discretion without notice or explanation.
ONLINE PURCHASES AND COMMERCE
If you are paying for a The Temper Offering by PayPal or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for the The Temper Offering. You will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
In the event that payment is not received by the date due, whether paying in full or by installment, you will have a three (3) day grace period to make the payment, otherwise your access to the The Temper Offering may not continue.
If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to withdraw from any The Temper Offering at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the The Temper Offering.
When you purchase a The Temper Offering, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant or payment provider and by us. The merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the payment provider’s independent policies.
You agree to purchase and use any The Temper Offerings for your own legitimate, personal, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
Your satisfaction with the The Temper Offerings is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the The Temper Offerings, you acknowledge that we do not offer refunds for any portion of your payment for any The Temper Offerings. By using and/or purchasing any of the The Temper Offerings, you understand and agree that all sales are final and no refunds will be provided for any reason. In the rare event that we do choose to issue a full or partial refund to anyone for any reason, it is solely within our discretion and our exercise of this discretion in one particular situation in no way represents that a full or partial refund will be available in a subsequent same or similar situation.
It is hoped that should we ever have any differences, we could be able to work them out amiably through email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to us via email at [email protected]. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of any payment made by you to date. No award of consequential or of any other damages may be granted to you.
You agree that any arbitration arising out of or related to the The Temper Offerings or these Terms must commence within one (1) year of the date of the claim as submitted by you via email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, the prevailing party shall be entitled to all reasonable attorney’s fees and costs.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage Holly Whitaker, Hip Sobriety Inc., or any of the The Temper Offerings. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, this shall not affect the validity or enforceability remainder of the Terms which shall be given full force and effect to the maximum extent permitted by law.
If you have any questions about the Terms, please contact us at [email protected].com