The following describes the terms on which HIPPOCASTLE.COM (referred to herein as “HIPPOCASTLE.COM”, “HIPPOCASTLE”, “web site” or “site”) offer you access to our services.
1. Terms
By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Disclaimer
The materials on this web site are provided “as is”. HIPPOCASTLE.COM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HIPPOCASTLE.COM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
3. The Service Is Not Intended For Children
The Service is intended for adults only. You must be 18 years or older to use this site. You may use this Service if you are domiciled in the United States or Internationally.
4. Fees and Payments
A. Electronic Signatures and Contracts
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
B. Limitations
Your direct interactions (if any) with other users or Members of the Service, including the purchase of, sale of, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that Member. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that HIPPOCASTLE.COM is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Member (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR USER OF THE SERVICE), HIPPOCASTLE.COM IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE HIPPOCASTLE.COM FROM ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.
5. Registration Obligations
In consideration of your use of the Service, you represent that you are at least 18 years of age, that you are domiciled in the United States, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or HIPPOCASTLE.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, HIPPOCASTLE.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.
6. Inappropriate User-Submitted Content
HIPPOCASTLE.COM prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) HIPPOCASTLE.COM is not and cannot be responsible for any content, information or materials posted by users on the Service, (ii) you may be exposed to any such materials, information or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content. Without limitation of the foregoing, HIPPOCASTLE.COM has the right to, but may or may not pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in HIPPOCASTLE.COM’s sole discretion.
7. Copyright Policy
We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
8. Privacy Policy
We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at WWW.HIPPOCASTLE.COM/PRIVACY. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.
9. Revisions and Errata
The materials appearing on HIPPOCASTLE.COM’s web site could include technical, typographical, or photographic errors. HIPPOCASTLE.COM does not warrant that any of the materials on its web site are accurate, complete, or current. HIPPOCASTLE.COM may make changes to the materials contained on its web site at any time without notice. HIPPOCASTLE.COM does not, however, make any commitment to update the materials.
10. Indemnity
By accepting this Agreement, you agree to indemnify and hold HIPPOCASTLE.COM and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of or relating to (i) any product, content, information or materials that you submit, sell, purchase, post, transmit, provide or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.
11. Limitation of Liability
YOU AGREE THAT HIPPOCASTLE.COM, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. HIPPOCASTLE.COM’s LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO HIPPOCASTLE.COM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
12. Modifications
HIPPOCASTLE.COM may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
13. Termination
We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your Member account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law
Any claim relating to HIPPOCASTLE.COM’s web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Last Updated: This Terms Of Service agreement was last updated on August 15, 2024.