These Terms and Conditions (the “Terms”) are effective on May 25, 2018.
ART MATRIX, LLC may collect personally identifiable information, such as your name, email, city and state. We may gather additional personal or non-personal information in the future. If you sign up for one of our special offers, purchase or pre-order a product you can be asked your home or work address or telephone number, and billing information (such as a credit card number). When you sign up for email updates or purchase one of our products, you’ll be receiving relevant information about that product as well as occasional information about other personal development products, programs and events we feel you would find relevant.
Information about your computer hardware and software may be automatically collected by ART MATRIX, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the general operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ART MATRIX, LLC web site.
ART MATRIX, LLC encourages you to review the privacy statements of websites you choose to link to from ART MATRIX, LLC web sites so that you can understand how those websites collect, use and share your information. ART MATRIX, LLC is not responsible for the privacy statements or other content on websites outside of the ART MATRIX, LLC websites.
Order is complete when (1) you place your pre-order on www.hipstar.us, (2) we receive your payment (“Pre-order Payment”), which equals a pre-estimated retail price minus current pre-order discount plus payment system’s processing fee 2.9%, and 3) you provide your shipping address to us. An updated retail price will be estimated as soon as the product designers will finalize the design, mechanical development, integration, and pricing of the components. As an early pre-order customer, you are guaranteed to get the same discount you had as of date of placing your pre-order.
While this Pre-order secures the approximate delivery priority within your region, it does not constitute the purchase or order of a product. Upon completion the product development and design stage (it takes approx. 4-6 months), you will be provided the final retail price of the HipStar and requested to complete a survey through which you will provide your shipping address to us.
By providing a shipping address you complete your order. If you proceed with the order, you accept the final retail price. If the updated price will be higher pre-estimated price, we will apply your Pre-order Payment towards the total order cost and you will be required to pay the difference less your special assigned discount of the updated retail price. Until you completed your order, your Pre-order may be cancelled by you or the Company. You can cancel your Pre-order 1) within 3 days from the effective date, 2) if you don’t accept the final updated price; 3) if a product is not delivered within 8 months. In these cases, you will receive a full refund of your Pre-order Payment less payment system’s processing fee.
To place your Pre-Order, you must have a valid credit card or verifiable consent to use the credit card of a parent or guardian and you must pay the amount for the Product elected by you as set forth on the ART MATRIX website by credit card through Stripe, or any other payment method designated on our website. Payment does not guarantee acceptance of your Order. Once your Order has been confirmed, ART MATRIX will charge your payment method on file. Any authorized refunds will be paid back to your payment method on file.
The Product prices are exclusive of all taxes, including without limitation provincial and federal sales taxes, import and export duties, levies, charges. These charges are your responsibility. If you are purchasing the Products from a jurisdiction outside of the United States, please check with your state and country’s customs office to determine what these additional costs will be prior to completing your Order. If you have already placed an Order and discovered that such taxes make your Order untenable for you, please contact ART MATRIX to rescind your Order, and we will refund the amount you paid in connection with your Order.
ART MATRIX is not liable to you in anyway whatsoever for (i) the actions of any governmental authorities, including customs authorities; or (ii) your failure to confirm and comply with any export rules and regulations. You will defend and hold ART MATRIX harmless against all claims, damages, or liability resulting from breach of the foregoing.
Delivery of the product is subject to availability. When dealing with a large number of orders, there is always a chance that errors will occur. If, after you receive your order, you find out that there are items missing, please contact us at firstname.lastname@example.org. We will send you the missing items as soon as possible. Please do not send your purchase back to the manufacturer. Send us an email stating your concern and attach a picture of the item(s) showing the size tag and its original packaging within 48 hours upon receipt of the order get a replacement or refund. Our team will inspect and verify the photo(s) before we issue out a replacement. We reserve the right to refuse any replacement and refund if it does not meet the above criteria.
If a package is not delivered due to a client’s fault (wrong address given, client didn’t claim the delivered package from their post office, etc), the client may be requested to pay additional shipping fees for the item to be sent out again. Please ensure that all the information you have provided is correct before submitting your order to prevent losses in mail or other mishaps from happening. International customer must provide phone number.
SHIPPING AND DELAY
The Products are not ready for delivery and ART MATRIX has not yet begun shipping any products and shipping may be delayed. Any shipping date is an estimate only, and the actual shipping date for any completed Order will depend on a variety of factors including manufacturing schedule, and the dates of your Order, your completed Order, and when we accept your completed Order. Commencement of shipping is subject to change without notice to you. We will list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted Order are higher than the shipping costs you paid at the time that you offered to purchase a Product, ART MATRIX may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
Even though we do our best to ensure a quality product and a fast production, there is always the risk of delays. Supplier shortage, holidays, and weather conditions are just a few of the reasons a production could be delayed. There is always a chance of delays caused by third parties. ART MATRIX should not be held responsible for delays caused by third parties. Please understand that we want your orders to be delivered quickly as much as you do.
TRANSFER OF RISK AND TITLE
Risk of loss of the Product passes to you on ART MATRIX’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
You understand that we will not hold your Pre-order Payment separately or in an escrow or trust fund or pay any interest on your Pre-order Payment. Your Pre-order is not transferable or assignable to another party without the prior written approval of the Company.
USE OF THE PRODUCT
You represent that the Product is for your own use. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including, noise control laws, criminal laws, health and safety laws, and any other applicable municipal, local, provincial, state, federal and international laws, rules and regulations. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances, and we do not endorse the Product for any particular use. You hereby represent and warrant to ART MATRIX that you will only use the Product in accordance with any and all applicable laws, rules and regulations.
ART MATRIX and its licensors own all intellectual property rights in the Product. If ART MATRIX accepts your Order for a Product, you will acquire no interest or rights in ART MATRIX’s intellectual property, and your use of the Product will be subject to the ART MATRIX Terms of Service and other additional license terms and restrictions that will be provided together with the Product. ART MATRIX reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
HipStar™ is a registered trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HipStar Service are trademarks of Hipstar in the U.S. and other countries. HipStar's trademark may not be used in connection with any product or service that is not Hipster's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HipStar. All other trademarks not owned by Hipstar that appear in any Hipstar Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hipstar.
LIMITED WARRANTY AND DISCLAIMER
The ART MATRIX limited warranty for the Products will be located at: https://hipstar.us/warranty by the date when you will provide your shipping address. By placing a Pre-Order and providing your shipping address to us, you acknowledge and agree that you have reviewed the limited warranty for the Product, and that you accept that limited warranty. ART MATRIX will also provide the warranty terms for a Product together with the shipped Product. If you do not agree with the warranty terms do not place your Order, Pre-Order or otherwise purchase the Products.
EXCEPT AS MAY BE EXPRESSLY PROVIDED BY ART MATRIX IN THE WARRANTY APPLICABLE TO A PRODUCT AT THE TIME THE ORDER FOR THE PRODUCT IS ACCEPTED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND ART MATRIX HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY OR CONDITION ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ART MATRIX DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. ART MATRIX DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ART MATRIX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ART MATRIX HAS 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. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of ART MATRIX and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to ART MATRIX for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless ART MATRIX and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; (d) any dispute or issue between you and any third party; or (e) your violation of any applicable law, rule or regulation. We reserve the right to assume the exclusive control of the defense, subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
If ART MATRIX accepts Pre-Order, ART MATRIX will not be liable to you for any delay, including any delay due to an event beyond ART MATRIX’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of ART MATRIX’s control.
MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your Order or Pre-Order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Except if you opt-out or for disputes relating to: (1) your or ART MATRIX's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of Excluded Disputes, you agree that all disputes between you and ART MATRIX (whether or not such dispute involves a third party) with regard to your relationship with ART MATRIX, including without limitation disputes related to these Terms, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ART MATRIX hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor ART MATRIX will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ART MATRIX is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within sixty (60) days of filing the case, then either ART MATRIX or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor ART MATRIX can require the other to participate in an arbitration proceeding. To opt out, you must notify ART MATRIX in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
ART MATRIX, LLC 4728 57 ST NW, Rochester, Minnesota 55901, United States
You must include your name and residence address, the email address you use for your ART MATRIX order or account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ART MATRIX.
GOVERNING LAW & VENUE
You agree that any claim you may have arising out of or related to your relationship with ART MATRIX must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TIME LIMITATION ON CLAIMS
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. ART MATRIX's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. ART MATRIX reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ART MATRIX.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and ART MATRIX and governs your use of the Service, superseding any prior agreements between you and ART MATRIX. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ART MATRIX. Any purported assignment or delegation by you without the appropriate prior written consent of ART MATRIX will be null and void. ART MATRIX may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
CONSENT TO ELECTRONIC COMMUNICATIONS
ART MATRIX, LLC is located at 4728 57 ST NW, Rochester, MN 55901, USA. You may contact us by sending correspondence to that address or by emailing us at email@example.com
It is the express wish of the parties that this agreement and all related documents be drawn up in English.