These Terms and Conditions (the “Terms”) are effective on January 1, 2023.

HipStar® LLC (HIPSTAR) 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 and purchase or pre-order a product, you can be asked for your home or work address, 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 receive relevant information about that product and occasional information about other personal development products, programs, and events we feel you would find relevant.

HIPSTAR may automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the service’s general operation, to maintain service quality, and to provide general statistics regarding the use of the HIPSTAR LLC website.

HIPSTAR encourages you to review the privacy statements of websites you choose to link to from HIPSTAR websites to understand how those websites collect, use, and share your information. HIPSTAR is not responsible for the privacy statements or other content on websites outside the HIPSTAR websites.

EFFECTIVE DATE

Order is complete when (1) you place your order on www.hipstartrailers.com, (2) we receive your payment (“Order Payment”), which equals a retail price minus the current order discount plus the payment system’s processing fee of 2.9%, and 3) you provide your shipping address to us. 

ORDER PROCESS

To place your 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 HIPSTAR 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, HIPSTAR 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, and charges. These charges are your responsibility. If you purchase the Products from a jurisdiction outside of the United States, please check with your state and country’s customs office to determine the additional costs before completing your order. If you have already placed an Order and discovered that such taxes make your order untenable for you, please get in touch with HIPSTAR to rescind your order, and we will refund the amount you paid in connection with your order.

HIPSTAR is not liable to you in any way 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 HIPSTAR harmless against all claims, damages, or liability resulting from a breach of the foregoing.

MISSING/DAMAGED/UNDELIVERED ITEMS

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 you find items missing after receiving your order, please contact us at support@hipstar.net. We will send you the missing items. Please do not send your purchase back to the manufacturer. Please email us your concern and attach a picture of the item(s) showing the size tag and its original packaging within 48 hours of receipt of the order to get a replacement or refund. Our team will inspect and verify the photo(s) before we issue 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, the 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 the mail or other mishaps from happening. International customers must provide phone numbers.

SHIPPING AND DELAY

The Products are not ready for delivery, and HIPSTAR has not yet begun shipping any products, which may be delayed. Any shipping date is an estimate only, and the actual shipping date for any completed order will depend on various factors, including the 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 tariffs, imports, customs, tax, and other charges applicable in your jurisdiction.

NOTE: The next scheduled shipping time is the end of February – the beginning of March 2024.

The shipping fee to the address you provide is estimated for either HipStar® MD or HD trailer and selected optional accessories/add-ons on the date the order is placed. If you wish to purchase an accessory separately, please contact support@hipstar.net to recalculate the shipping fee for a single item(s).

The actual shipping fee may change on the delivery date for various reasons. The carriers may adjust their rates to account for cost changes (since fuel prices and transportation expenses constantly change). If the actual shipping costs are higher than those you paid, HIPSTAR may, in its sole discretion, require you to pay the difference or refund the amount you paid.

Even though we do our best to ensure a quality product and fast production, there is always the risk of delays. Supplier shortages, holidays, and weather conditions are just a few reasons a production could be delayed. There is always a chance of delays caused by third parties. HIPSTAR should not be held responsible for delays caused by third parties. Please understand that we want your orders to be delivered as quickly as you do.

TRANSFER OF RISK AND TITLE

Risk of product loss passes to you on HIPSTAR’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.

ACKNOWLEDGEMENTS; NON-TRANSFERABLE

You understand that we will not hold your order payment separately or in an escrow or trust fund or pay any interest on your order payment. Your 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 personal 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 product use complies with local laws, regulations, and ordinances, and we do not endorse the product for any particular use. You hereby represent and warrant to HIPSTAR that you will only use the product in accordance with any and all applicable laws, rules, and regulations.

INTELLECTUAL PROPERTY

HIPSTAR and its licensors own all intellectual property rights in the product. If HIPSTAR accepts your order for a Product, you will acquire no interest or rights in HIPSTAR’s intellectual property, and your use of the product will be subject to the HIPSTAR Terms of Service and other additional license terms and restrictions that will be provided together with the product. HIPSTAR reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.

TRADEMARKS

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 US and other countries. HIPSTAR’s trademark may not be used in connection with any product or service that is not HIPSTAR’s, in any manner likely to confuse 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 HIPSTAR limited warranty for the Products is one year. By placing an order and providing your shipping address to us, you acknowledge and agree that you have reviewed the product’s limited warranty and accept that limited warranty. If you disagree with the warranty terms, do not order or purchase the Products.

EXCEPT AS MAY BE EXPRESSLY PROVIDED BY HIPSTAR 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 HIPSTAR 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. HIPSTAR 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. HIPSTAR 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 HIPSTAR 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 HIPSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR 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 HIPSTAR 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 HIPSTAR for that product. These limitations will apply even if the above-stated remedy fails in 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.

INDEMNITY

You alone are responsible for the manner in which you use the product. You shall defend, indemnify and hold harmless HIPSTAR 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.

FORCE MAJEURE

If HIPSTAR accepts Order, HIPSTAR will not be liable to you for any delay, including any delay due to an event beyond HIPSTAR’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 HIPSTAR’s control.

PRIVACY POLICY

We describe all policies related to our collection and use of data in our Privacy Policy, which you can find by clicking the link below and incorporated by reference. If you disagree with the Privacy Policy, you may request a refund before you provide your shipping information. Please get in touch with us if you have any questions or concerns regarding your privacy.

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 for your order or 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.

ARBITRATION

Except if you opt out or for disputes relating to (1) your or HIPSTAR’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 HIPSTAR (whether or not such dispute involves a third party) with regard to your relationship with HIPSTAR 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 HIPSTAR 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 HIPSTAR 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 HIPSTAR 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 HIPSTAR 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 HIPSTAR can require the other to participate in an arbitration proceeding. To opt out, you must notify HIPSTAR 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:

HIPSTAR 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 HIPSTAR 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 HIPSTAR.

GOVERNING LAW & VENUE

You agree that any claim you may have arising out of or related to your relationship with HIPSTAR must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with HIPSTAR must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

ENTIRE AGREEMENT

These Terms of Use are governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with HIPSTAR exclusively in a state or federal court located in Rochester, Minnesota, and to submit to the personal jurisdiction of the courts located in Rochester for the purpose of litigating all such disputes.

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. HIPSTAR’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. HIPSTAR 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 HIPSTAR.

CONSENT TO ELECTRONIC COMMUNICATIONS

By submitting your order, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy, which you can find by clicking the link below, to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CONTACT INFORMATION

HipStar 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 support@HipStar.net

ENGLISH LANGUAGE

It is the express wish of the parties that this agreement and all related documents be drawn up in English.

YOUR DETAILS

From time to time, we will ask you to provide information so that we can perform our obligations under these terms and conditions. We will maintain your personal information in accordance with our Privacy Policy.