HIPPIE SHOP LLC TERMS OF USE
Welcome to HippieShop.com.
These Terms of Use ("Terms") are a legally binding agreement between you and Hippie Shop LLC, a New Jersey limited liability company ("Hippie Shop," "we," "us," or "our"), governing your access to and use of HippieShop.com, any mobile version of the website, customer accounts, checkout services, communications, and other websites, applications, features, content, products, or services that link to these Terms collectively, the "Services".
Please read these Terms carefully.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN MATTERS DESCRIBED BELOW, YOU AND HIPPIE SHOP AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THIS MEANS THAT YOU AND HIPPIE SHOP ARE EACH GIVING UP THE RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY.
1. Acceptance of These Terms
You agree to these Terms when you affirmatively indicate your acceptance, including when you:
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create an account after being presented with these Terms;
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check a box indicating that you agree to these Terms;
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place an order after being informed that placing the order constitutes acceptance of these Terms;
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click an "Agree," "Continue," "Place Order," "Pay Now," or similar button when the accompanying notice states that doing so constitutes agreement to these Terms; or
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otherwise affirmatively consent to these Terms.
Once you have accepted these Terms, they govern your subsequent access to and use of the Services until terminated or replaced as provided below.
If you do not agree to these Terms, do not affirmatively accept them or use portions of the Services that require acceptance.
You represent that you are at least 18 years old and legally capable of entering into a binding contract. If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms.
2. About Hippie Shop
Hippie Shop LLC operates HippieShop.com and sells clothing, accessories, gifts, home décor, licensed merchandise, and related products.
Our contact information is:
Hippie Shop LLC
961 State Route 10, Suite 1D
Randolph, NJ 07869
United States
Email: Support@HippieShop.com
Customer Support: (973) 927-4479
Phone Orders: 1-800-544-0355
3. Changes to These Terms
We may revise these Terms periodically to reflect changes in our Services, business practices, technology, or applicable law.
When we make changes, we will post the revised Terms and update the "Last Updated" date.
Where required by applicable law, we will provide additional notice or obtain additional consent before material changes become effective.
Material changes to the Arbitration Agreement in Section 18 will apply prospectively and will not alter the manner in which a dispute that was already formally filed in arbitration or court before the change is handled, except as otherwise agreed by the parties.
Your continued use of the Services after legally effective changes become applicable constitutes acceptance to the extent permitted by law.
4. Privacy
Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
By using the Services, you acknowledge that you have had an opportunity to review our Privacy Policy.
5. Website Accessibility
Hippie Shop is committed to providing access to our website and Services to individuals with disabilities and to continually improving the usability and accessibility of HippieShop.com.
If you experience difficulty accessing any content, feature, functionality, product information, checkout feature, or other portion of the Services, please contact us:
Email: Support@HippieShop.com
Phone: 1-800-544-0355
Please identify the specific page, feature, product, or issue you encountered where reasonably possible. We will make reasonable efforts to provide the requested information, assistance, or service through an accessible alternative method while the issue is evaluated.
Nothing in these Terms is intended to eliminate or waive any right that cannot lawfully be waived under the Americans with Disabilities Act or other applicable federal, state, or local law.
Disputes relating to website or digital accessibility are subject to the dispute-resolution provisions of Section 18 to the fullest extent permitted by applicable law.
6. Products, Descriptions, Images and Availability
We make reasonable efforts to accurately display our merchandise, including colors, designs, dimensions, materials, descriptions, prices, and images.
However:
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colors may appear differently depending on your monitor or device;
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handmade, tie-dyed, recycled, natural, vintage-inspired, artisan, or individually produced products may vary;
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dimensions and measurements may be approximate;
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packaging may change;
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product photographs may contain props or items not included with the product; and
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typographical or technical errors may occasionally occur.
We do not warrant that every description, photograph, price, or other piece of content is error-free.
Product availability can change without notice. Placing an item in your cart does not reserve that item.
We may limit quantities, discontinue merchandise, restrict purchases, or decline orders where reasonably necessary, including to address suspected fraud, resale activity, inventory shortages, pricing errors, or violations of these Terms.
Nothing in this section permits us to refuse service for an unlawful discriminatory reason.
7. Orders and Acceptance
Your submission of an order constitutes an offer to purchase merchandise.
An order confirmation or acknowledgement does not necessarily constitute final acceptance of your order.
We reserve the right to accept, reject, limit, or cancel an order before shipment where permitted by law.
Reasons may include:
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merchandise becoming unavailable;
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an incorrect price or product description;
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payment authorization problems;
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suspected fraudulent activity;
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suspected unauthorized resale;
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abuse of promotions;
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shipping restrictions; or
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other circumstances reasonably requiring cancellation.
If we cancel an order after payment has been collected, we will provide an appropriate refund.
Ownership of merchandise passes as provided by applicable law. Risk of loss may pass to the purchaser upon delivery to the carrier or delivery destination, as applicable under governing law.
8. Pricing and Payment
Prices displayed on HippieShop.com are quoted in U.S. dollars unless otherwise stated.
We may change prices at any time before an order is accepted.
Despite our efforts, pricing errors may occasionally occur. If we discover a material pricing error before fulfillment, we may cancel the affected order and refund the amount paid or contact you with the corrected price before proceeding.
You authorize us and our payment processors to charge the payment method provided for:
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merchandise;
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applicable shipping and handling;
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taxes; and
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other charges clearly disclosed before purchase.
You represent that you are authorized to use the payment method submitted.
We reserve the right to use third-party fraud-prevention and payment-verification services.
9. Shipping
Shipping methods, charges, delivery estimates, geographic limitations, free-shipping offers, and related conditions are governed by the Shipping Policy displayed on HippieShop.com.
Delivery dates are estimates unless we expressly state otherwise.
Delays may occur because of carriers, weather, labor disruptions, natural disasters, incorrect addresses, peak shopping periods, governmental actions, or events outside our reasonable control.
We are not responsible for carrier delays to the extent permitted by applicable law.
10. Returns, Exchanges and Refunds
Purchases are subject to the Returns & Exchanges Policy in effect at the time of purchase unless otherwise required by applicable law.
Please review the current Returns & Exchanges Policy on HippieShop.com before making a purchase.
Nothing in these Terms limits any return, refund, cancellation, or warranty right that applicable law does not permit us to limit.
11. Sales, Promotions, Coupons and Special Offers
Coupons, discounts, free-shipping promotions, giveaways, sales, loyalty offers, and other promotions may be subject to separate terms.
Unless otherwise stated:
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promotions may have expiration dates;
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discounts apply only to qualifying merchandise;
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promotional codes generally cannot be combined;
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promotional codes have no cash value;
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exclusions may apply;
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discounts cannot ordinarily be applied retroactively;
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promotions may be limited to one per customer, household, account, or order; and
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promotions are void where prohibited.
We may cancel or refuse promotional benefits when we reasonably determine that fraud, manipulation, automated activity, duplicate accounts, resale activity, or other abuse has occurred.
If specific promotional terms conflict with these Terms, the specific promotional terms control for that promotion.
12. Accounts and Account Security
Certain Services may permit or require you to create an account.
You agree to provide accurate information and keep your information reasonably current.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account to the extent caused by your failure to protect those credentials.
You may not:
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impersonate another person;
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create an account using another person's identity without authorization;
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sell or transfer an account;
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use automated means to create accounts;
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attempt to gain unauthorized access to another person's account; or
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use an account for fraudulent or unlawful purposes.
Notify us promptly if you believe your account has been compromised.
We may suspend or terminate accounts reasonably believed to have been compromised, used fraudulently, or used in violation of these Terms.
13. Permitted Use of the Services
Hippie Shop grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, lawful, non-commercial purposes, except where we expressly authorize commercial use.
You may not:
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interfere with the operation or security of the Services;
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attempt to gain unauthorized access to systems or accounts;
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introduce malware, malicious code, bots, or harmful technology;
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scrape, crawl, harvest, extract, copy, or systematically collect content except as permitted by applicable law or written authorization;
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bypass access controls, rate limits, or security features;
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use the Services for unlawful, fraudulent, deceptive, or abusive purposes;
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misrepresent your identity;
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interfere with another user's ability to access the Services;
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reproduce or commercially exploit our content without authorization;
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use our trademarks in a manner likely to cause confusion;
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reverse engineer software except where applicable law expressly permits it; or
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use the Services to infringe another person's intellectual-property or privacy rights.
Nothing in this section is intended to prohibit legitimate assistive technology, accessibility tools, screen readers, keyboard navigation, search engines acting in accordance with accepted standards, or other lawful technologies used to access the Services.
14. Intellectual Property
The Services and their content, including text, graphics, page designs, photographs, logos, icons, illustrations, videos, software, compilations, and original Hippie Shop materials, are owned by or licensed to Hippie Shop and are protected by applicable intellectual-property laws.
Hippie Shop, HippieShop.com, associated logos, branding, and original graphics may be trademarks or other protected intellectual property of Hippie Shop LLC.
Hippie Shop also sells officially licensed merchandise bearing trademarks, artwork, names, likenesses, and other intellectual property owned by third parties. Those rights remain the property of their respective owners and licensors.
Purchasing merchandise does not transfer intellectual-property ownership in the artwork, brands, characters, logos, music-related imagery, or other protected content appearing on that merchandise.
No content from the Services may be reproduced, distributed, modified, publicly displayed, commercially exploited, or used to create derivative commercial works without authorization from the applicable rights holder except as permitted by law.
15. Reviews, Photos and User Content
If you submit reviews, photographs, comments, testimonials, social-media content, questions, suggestions, or other material to us ("User Content"), you represent that:
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you have the right to submit it;
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it does not violate another person's rights;
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it is not knowingly false, defamatory, unlawful, threatening, or fraudulent; and
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it does not contain malicious software.
You retain ownership of intellectual-property rights you hold in your User Content.
By submitting User Content for publication or promotional use, you grant Hippie Shop a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, adapt, and publish that User Content in connection with our business, marketing, social media, advertising, and Services, subject to applicable privacy and publicity laws.
We are not required to publish User Content and may remove content that violates these Terms or applicable law.
16. Third-Party Services and Links
The Services may contain links to or integrations with third-party websites, payment services, social networks, shipping providers, applications, or platforms.
Those services are operated by third parties and may have their own terms and privacy policies.
Hippie Shop does not control third-party services and is not responsible for their acts, omissions, content, security, availability, or privacy practices except to the extent applicable law provides otherwise.
A link does not necessarily constitute endorsement.
17. Disclaimers and Limitation of Liability
A. Service Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
B. Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIPPIE SHOP LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HIPPIE SHOP'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
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THE AMOUNT YOU PAID TO HIPPIE SHOP IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE CLAIM; OR
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$100.
THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.
18. DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER
A. PLEASE READ THIS SECTION CAREFULLY
THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except for the limited exceptions identified below, you and Hippie Shop agree that disputes will be resolved by binding individual arbitration rather than through a lawsuit in court.
BY AGREEING TO ARBITRATION, YOU AND HIPPIE SHOP EACH KNOWINGLY GIVE UP THE RIGHT TO HAVE A COVERED DISPUTE DECIDED IN COURT BY A JUDGE OR JURY.
Arbitration is a private dispute-resolution process in which a neutral arbitrator, rather than a judge or jury, decides the dispute.
The arbitrator may award the same individual remedies that a court could award when those remedies are available under applicable law.
B. Disputes Covered
To the fullest extent permitted by law, this Arbitration Agreement applies to any dispute, claim, or controversy between you and Hippie Shop arising from or relating to:
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these Terms;
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your acceptance of these Terms;
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your access to or use of the Services after acceptance;
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a Hippie Shop account;
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merchandise;
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purchases or attempted purchases;
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orders, payments, refunds, shipping, or returns;
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advertising or promotions;
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privacy or data practices;
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emails, text messages, or other communications;
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consumer-protection claims;
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warranty claims;
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statutory claims;
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tort claims;
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contract claims;
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website functionality;
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digital or website accessibility;
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alleged inability or difficulty accessing the website using a screen reader, keyboard navigation, assistive technology, or another method;
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alleged discrimination in connection with the Services;
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claims arising under the Americans with Disabilities Act;
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claims arising under state or local disability, accessibility, civil-rights, or public-accommodation laws; and
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any other dispute concerning your relationship or interactions with Hippie Shop.
This Arbitration Agreement applies regardless of the legal theory asserted.
Questions concerning whether a valid arbitration agreement was formed will be decided by a court unless applicable law permits and the parties clearly agree otherwise. Questions regarding the interpretation, scope, or application of an otherwise valid Arbitration Agreement may be decided by the arbitrator to the extent permitted by law.
C. Informal Dispute Resolution Required Before Arbitration
Before either party starts arbitration, the complaining party must provide the other party with an individualized written Notice of Dispute and make a good-faith attempt to resolve the matter informally.
A Notice sent to Hippie Shop should be mailed to:
Hippie Shop LLC
Attn: Legal Notice of Dispute
961 State Route 10, Suite 1D
Randolph, NJ 07869
A copy should also be emailed to:
Subject line: LEGAL NOTICE OF DISPUTE
The Notice should include:
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the claimant's full name;
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mailing address;
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email address and telephone number;
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relevant account or order information, if applicable;
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a reasonably detailed description of the dispute;
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the specific facts supporting the claim;
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the legal basis of the claim, if known;
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the specific relief requested; and
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the claimant's personal signature or the signature of authorized counsel.
Hippie Shop will provide an appropriate notice address to a claimant if Hippie Shop initiates a dispute.
After a complete Notice of Dispute is received, the parties will have 60 days to attempt to resolve the matter informally.
Either party may request an individualized telephone or video settlement conference during this period.
The parties agree to participate in reasonable good-faith efforts to resolve the dispute.
No arbitration may be commenced until the 60-day informal resolution period has expired, except where applicable law requires otherwise.
Any applicable limitations period will be tolled during this 60-day period to the extent required to preserve a claim.
D. Binding Individual Arbitration
If the dispute is not resolved informally, either party may initiate binding arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms.
If AAA is unable or unwilling to administer the proceeding, the parties will attempt to select another nationally recognized arbitration provider. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator or arbitration provider.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement.
The arbitrator must be neutral.
The arbitration may take place by telephone, video conference, written submissions, or in person as permitted under the applicable arbitration rules and law.
Consumer filing fees and arbitration costs will be allocated in accordance with the applicable arbitration rules and legal requirements. Hippie Shop will pay fees it is legally required to pay.
Each party will ordinarily bear its own attorneys' fees unless a statute, rule, or arbitration award authorizes recovery of attorneys' fees.
E. Individual Relief Only
YOU AND HIPPIE SHOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
Neither party may bring or participate in a claim as a plaintiff or class member in a purported:
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class action;
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collective action;
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consolidated action;
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mass representative action; or
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private-attorney-general action,
except to the extent a particular form of relief cannot lawfully be waived.
The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claimant's individual claim.
The arbitrator may not combine or consolidate the claims of different individuals without the consent of all parties.
If a court finally determines that applicable law prohibits arbitration of a particular claim or form of relief, that particular claim or remedy may proceed in court, while all arbitrable claims will remain subject to arbitration to the fullest extent permitted by law.
F. Small Claims Exception
Either party may bring an individual claim in a court of competent jurisdiction that qualifies as a small-claims matter, provided the action remains individual and within that court's jurisdiction.
G. Government Agencies
Nothing in these Terms prevents you from submitting a complaint to a federal, state, or local governmental agency where applicable law gives you the right to do so.
H. Arbitration Opt-Out
You may opt out of this Arbitration Agreement by sending written notice within 30 days after the date you first affirmatively accept these Terms.
The notice must include your:
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full name;
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mailing address;
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email address;
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telephone number, if available; and
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clear statement that you wish to opt out of the Hippie Shop LLC Arbitration Agreement.
Send the opt-out notice to:
Hippie Shop LLC
Attn: Arbitration Opt-Out
961 State Route 10, Suite 1D
Randolph, NJ 07869
and email a copy to:
Subject: ARBITRATION OPT-OUT
Opting out of arbitration will not affect your ability to purchase merchandise or use the Services.
If you timely opt out, neither you nor Hippie Shop will be bound by this Arbitration Agreement with respect to the applicable acceptance of these Terms, but all other provisions of these Terms remain effective.
I. Jury Trial Waiver for Non-Arbitrable Claims
To the extent permitted by applicable law, for any dispute that is not required to be arbitrated and is not brought in small claims court, you and Hippie Shop knowingly and voluntarily waive the right to trial by jury.
If applicable law does not permit this waiver, this subsection will not apply.
J. Severability of Arbitration Provisions
If any portion of this Arbitration Agreement is determined to be unenforceable, that portion will be severed or limited to the minimum extent necessary while the remainder remains effective, except where applicable law requires a different result.
19. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Hippie Shop LLC and its members, managers, employees, agents, affiliates, licensors, and service providers from third-party claims, damages, liabilities, and reasonable expenses arising from:
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your unlawful misuse of the Services;
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User Content you submit;
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your infringement of another person's rights; or
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your material violation of these Terms.
This provision does not require a consumer to indemnify Hippie Shop for Hippie Shop's own negligence, unlawful conduct, or other liability that cannot legally be shifted to the consumer.
20. Communications
When you provide an email address, telephone number, or other contact information, we may send transactional communications regarding your account, orders, shipping, returns, security, and customer service.
Marketing emails and text messages are subject to applicable consent requirements and opt-out rights.
Consent to receive marketing text messages is not a condition of purchase where prohibited by law.
You may unsubscribe from marketing emails using the unsubscribe mechanism provided in those messages.
For text-message programs, applicable messages will provide instructions for stopping future messages when required.
21. Copyright Complaints
We respect intellectual-property rights.
If you believe content appearing on the Services infringes your copyrighted work, please contact us at:
Your notice should identify the copyrighted work, the allegedly infringing material, your contact information, and any other information required by applicable copyright law.
We reserve the right to remove or disable allegedly infringing content when appropriate.
22. Suspension and Termination
We may suspend or terminate access to some or all of the Services if we reasonably believe you have:
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materially violated these Terms;
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engaged in fraudulent activity;
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misused the Services;
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threatened the security of the Services or other users; or
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engaged in unlawful conduct.
You may stop using the Services at any time.
Provisions that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitations of liability, dispute resolution, and indemnification, will survive.
23. Force Majeure
Hippie Shop will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, carrier interruptions, labor disputes, cyberattacks, utility failures, governmental actions, public emergencies, supply-chain interruptions, or similar events, except where applicable law provides otherwise.
24. Governing Law
The Federal Arbitration Act governs Section 18.
Except where federal law applies or another jurisdiction's non-waivable consumer-protection law controls, these Terms and disputes arising from them will be governed by the laws of the State of New Jersey without regard to conflict-of-law principles.
Nothing in this section deprives a consumer of protections that cannot lawfully be waived under the law applicable to that consumer.
For disputes properly excluded from arbitration, the parties consent to jurisdiction in the state or federal courts located in or serving Morris County, New Jersey, except where applicable law requires otherwise.
25. No Waiver
A failure by Hippie Shop to enforce a provision of these Terms does not constitute a permanent waiver of that provision or any other provision.
26. Severability
Except as specifically provided in the Arbitration Agreement, if any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect.
27. Assignment
You may not assign your rights or obligations under these Terms without our written consent.
Hippie Shop may assign these Terms in connection with a merger, acquisition, sale of assets, corporate restructuring, financing, or transfer of the Services, subject to applicable law.
28. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Returns & Exchanges Policy, and any additional terms expressly applicable to a particular promotion or service, constitute the agreement between you and Hippie Shop concerning the Services.
If specific terms applicable to a promotion, program, or service conflict with these Terms, the more specific terms control with respect to that subject.
29. Contact Us
Questions concerning these Terms may be directed to:
Hippie Shop LLC
961 State Route 10, Suite 1D
Randolph, NJ 07869
United States
Email: Support@HippieShop.com
Customer Support: (973) 927-4479
Phone Orders: 1-800-544-0355
