Terms of Purchase - Premium Content
HIP Consult Premium Content - Terms and Conditions
These terms and conditions (the "T&Cs") apply to individuals who submit a request to purchase Premium Content, including publications and monthly and trial subscription access to online web-based tools and/or publications offered for sale by HIP Consult ("Premium Content"). Individuals who submit a request to license a copy of Premium Content (either on a standalone or subscription basis) are referred to in these T&Cs as a "Consumers."
The following terms, when capitalized, will have the following meanings in these T&Cs:
"Business Day" means a day, other than a Saturday, Sunday or a District of Columbia bank holiday, when banks in the District of Columbia are open for business to the public.
"Credit Card Account" is a credit card account related to the VISA credit card, MasterCard credit card or any other credit card issued by an authorized financial institution that a Consumer authorizes HIP Consult (and any party authorized by HIP Consult) to charge against in order to pay for Premium Content. HIP Consult, in its sole discretion, may determine, from time to time, which types of credit cards it accepts as payment methods for Premium Content.
"Debit Card Account" is a debit card account issued by an authorized credit institution that a Consumer authorizes HIP Consult (and any party authorized by HIP Consult) to charge against in order to pay for Premium Content. HIP Consult, in its sole discretion, may determine, from time to time, which types of debit cards it accepts as payment methods for Premium Content.
"License" refers to the licensing of Premium Content from HIP Consult to a Consumer.
"HIP Consult" refers to HIP Consult Inc. of 15 Loockerman Street, Dover, Delaware.
"Service Provider" is any company or companies engaged by HIP Consult or its contractors to provide services in connection with Premium Content.
"Sales Tax" refers to a sales tax that may be charged to a Consumer in regards to a License, if applicable.
"Website" refers to the website available at www.hipconsult.com.
2. Interpretation Generally
In these T&Cs:
(i) words denoting the singular include the plural and vice versa;
(ii) in construing these T&Cs general words introduced by the word "other" shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words and any reference to the word "include" or "including" is to be construed without limitation;
(iii) any reference to a person includes his/her successors, personal representatives and permitted assigns; and
(iv) if any action or duty to be taken or performed under any of the provisions of these T&Cs would fall t o be taken or performed on a day which is not a Business Day such action or duty shall be taken or performed on the Business Day next following such day.
3. Provision of Premium Content
HIP Consult will provide the Consumer with Premium Content upon the terms of these T&Cs.
4. Eligible Consumers
In order to license a copy of Premium Content,
(i) the Consumer must have a registered Account (as defined by the T&Cs of Use of the Website) and a valid and active e-mail address;
(ii) the Consumer must have a valid Credit Card Account and/or Debit Card Account and must be authorized to use this Credit Card Account and/or Debit Card Account; and
(iii) the Consumer must be at least 18 years of age.
A Consumer may not be resident in any country against which the United States has currently imposed a trade embargo . The Consumer must have full authorization to conclude the purchase of Premium Content. Other restrictions may apply.
5. Provision and Verification of Information
6. Paying for Premium Content
A. Content Price
For each sale of Premium Content, whether for an individual report or for subscription access, a relevant License price ("Content Price") will be indicated prior to purchase on the Website. This Content Price is exclusive of any applicable sales tax or other taxes. Sales Tax is charged where applicable. The Consumer acknowledges that he/she is to pay Sales Tax and any taxes or similar applicable charges associated with his/her purchase and assume all risks, liabilities or responsibilities in connection with said statutory payments and/or any variation in the rates thereof.
The Content Price is charged in accordance with the currency specified by HIP Consult. The Customer acknowledges that he/she is to assume all risks, liabilities or responsibilities associated with any fluctuations in exchange rates.
The Content Price may be changed by HIP Consult at any time. However, HIP Consult will never change a Content Price so as to affect the Content Price charged to the Consumer at time of License.
B. Payment Authorization
The Consumer also hereby authorizes Stripe to debit from his/her Debit Card Account or charge against his/her Credit Card Account the Content Price and relevant Sales Tax. Whether the License is made by debit of a Debit Card Account or a Credit Card Account, the funds or credit, as applicable, must be available in the Debit Card or Credit Card Account. If paying by Credit Card Account, the Credit Card Account will be charged as soon as the Customer's payment details are entered for purchase of the Premium Content and the Customer confirms and approves the transaction. If paying by Debit Card Account, the Debit Card Account will be debited as soon as the Customer's payment details are entered for purchase of the Premium Content and the Customer confirms and approves the transaction. The Customer will receive a receipt at the conclusion of the transaction.
7. Receiving Premium Content
Individual publications will be delivered as a secure downloadable PDF file sent by e-mail to the Consumer. HIP Consult accepts no responsibility for problems the Consumer may have in accessing and opening the individual publication, but will gladly deliver the individual publication by some other means of HIP Consult's choice, if so requested to.
For subscription access to online web-based tools and/or publications, Customer may choose to purchase a trial period or a monthly License. The trial License will be limited to a certain time period, after which access will expire. Monthly Licenses will automatically be renewed on a monthly basis until the Consumer has indicated he/she wishes to cancel the subscription as set out in Clause 6A. For both types of subscription access, Customers will have access to web based tools and publications on the Website by logging into their Account. HIP Consult accepts no responsibility for problems the Consumer may have in accessing Premium Content but will gladly deliver the tools and publications by some other means of HIP Consult's choice, if so requested to.
8. Consumer's Obligation to Provide Complete and Accurate Information
HIP Consult also reserves the right to take steps to verify the information provided by the Consumer, although it is not required to do so. If HIP Consult is unable to verify the information provided by the Consumer, the License may not be issued. IF A CONSUMER PROVIDES FALSE INFORMATION, THE PURCHASE MAY BE CANCELLED. IN ADDITION, HE/SHE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
9. Cost of Collection and Credit Card Chargebacks
The Consumer undertakes to indemnify HIP Consult for all reasonable costs and expense incurred by it in its efforts to collect any unpaid or past due amounts, including, but not limited to, reasonable attorneys' fees and other associated costs. Delinquent payments shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the due date for payment and until payment is received by HIP Consult in full. In addition, the Consumer acknowledges and agrees that in case he/she purchases Premium Content with a Credit Card and then subsequently requests his/her Credit Card issuer to reverse the payment for such Premium Content, then HIP Consult shall be entitled to block the Consumer's access to Premium Content, by revoking the license for Premium Content and/ or suspending online subscription access to Premium Content until such time as the Consumer reimburses HIP Consult the amount of the fees HIP Consult is charged by the Credit Card issuer for such a chargeback.
Subject to applicable law, Premium Content is nonrefundable.
11. Consumer Liability
The Consumer agrees to review and verify regularly and promptly all disclosures and respective debits for payment thereof from his/her Debit Card Account and charges against his/her Credit Card, on the statements the Consumer receives from the financial institution holding his/her Debit Card Account or issuing his/her Credit Card.
If the Consumer informs HIP Consult within four Business Days of becoming aware of (i) the unauthorized or erroneous debiting of his/her Debit Card Account, and/or (ii) the unauthorized or erroneous charging of his/her Credit Card Account, HIP Consult will refund the Consumer for any further Licenses purchased with that Debit Card or Credit Card. The Consumer remains liable for all losses suffered prior to notification to HIP Consult of such a loss, theft or unauthorized or erroneous use, debiting, and/or charging. If HIP Consult is not notified by the Consumer of such a loss, theft or unauthorized or erroneous use, debiting, charging and/or transfer within the four Business Days period indicated above, then HIP Consult is not liable for any losses suffered by the Consumer. This provision does not cover any losses suffered by the Consumer due to any fraud committed by any HIP Consult employee.
12. Customer Support
13. Modification in Terms Notice
In the future, we may change these T&Cs; we will post changes on this URL and note the effective date so that you are always aware of the current T&Cs that apply to your purchase of Premium Content. These T&Cs were last updated on November 14, 2013.
HIP Consult may, without notice (except as required by law) and without liability to the Consumer, refuse to honor any instruction for the purchase of a License at any time if: (a) the Consumer attempts to charge funds from a Debit Card Account or Credit Card Account that does not belong to the Consumer or from a Debit Card Account which does not have sufficient available funds, or if the Consumer is paying by credit card, there is an insufficient available line of credit; (b) the Consumer's financial institution attempts to charge back or reverse a purchase of a License on the basis of a dispute related to a purchase; (c) the Consumer provides incorrect or false information about him/herself, his/her Debit Card Account or Credit Card Account; (d) the Consumer attempts to tamper, hack, modify or otherwise corrupt the security or functionality of the Website; (e) HIP Consult receives conflicting claims regarding ownership of, or the right to withdraw funds from, a Debit Card Account or Credit Card Account; (f) the Consumer has breached a term or condition of these T&Cs, or any representation or warranty that the Consumer makes under these T&Cs is false; or (g) HIP Consult believes that any License purchase may be fraudulent or impermissible, violates any applicable law, rule or regulation or otherwise exposes the Consumer or HIP Consult to risk of loss.
HIP Consult assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, or communication of Premium Content. HIP Consult is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person's computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with Premium Content.
PREMIUM CONTENT IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. PREMIUM CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIP CONSULT AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
HIP CONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE INFORMATION CONTAINED IN ANY PREMIUM CONTENT WILL BE ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PREMIUM CONTENT, THE SERVERS ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER HIP CONSULT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE ONLINE ACCESS TO ANY PREMIUM CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PREMIUM CONTENT, THE SERVERS ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
16. Limitations of Liability
USE OF PREMIUM CONTENT IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO PREMIUM CONTENT. NEITHER HIP CONSULT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED IN PREMIUM CONTENT, OR (2) ANY ERRORS IN OR OMISSIONS FROM PREMIUM CONTENT, OR (3) INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY HIP CONSULT OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.
NEITHER HIP CONSULT NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO PREMIUM CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold HIP Consult, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of Premium Content, your conduct in connection with Premium Content, or any violation of these T&Cs or of any law or the rights of any third party.
18. Use of Information and Disclosure to Others
19. Intellectual Property
The Consumer acknowledges that Premium Content, including but not limited to the content of Premium Content, text, tables, graphics, links, buttons, logos, and images, as well as all other HIP Consult copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by HIP Consult (the "HIP Consult Intellectual Property"). The Consumer agrees not to display, use, copy, or modify the HIP Consult Intellectual Property in any manner.
The Consumer is authorized solely to view and retain a copy of the Premium Content for the purposes of his/her own business or for his/her individual use.
The Consumer may use the Premium Content as often as he/she likes subject to the other terms of these T&Cs.
i. All ownership rights and intellectual property rights in the Premium Content shall remain the sole property of HIP Consult.
ii. A Consumer may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Content, in whole or in part, except as is expressly permitted in these T&Cs.
iii. It is a condition of the License that the Consumer preserve HIP Consult's copyright notices as far as reasonably possible and at least once on every document.
The Consumer may not assign these T&Cs to any other party. HIP Consult may assign these T&Cs or delegate certain of its rights and responsibilities under these T&Cs to third parties without notice to the Consumer.
These T&Cs constitutes the entire agreement between the Consumer and HIP Consult regarding Premium Content, and supersedes any prior agreements between the Consumer and HIP Consult to the extent that they might otherwise apply to Premium Content.
If any provision of these T&Cs is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.
These T&Cs and the relationship between the Consumer and HIP Consult shall be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflict of law provisions.
The Consumer agrees that the courts of the District of Columbia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs and for such purposes irrevocably submits to the jurisdiction of such courts.
The Consumer agrees that to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to Premium Content or these T&Cs must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
No waiver by HIP Consult of any breach or default by the Consumer under these T&Cs shall be deemed to be a waiver of any preceding or subsequent breach or default.
No provision of these T&Cs provides any person or entity not a party to these T&Cs with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.