Terms of Use

1. Copyrights. All Site design, text, graphics, pictures, the selection and arrangement thereof, and all software (collectively, “Copyrighted Material”) are owned exclusively by HipPOPs. HipPOPs grants you a non-exclusive, revocable license to view, electronically copy and print portions of the Site for the sole purpose of placing an order with HipPOPs or using the Site as a shopping resource. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written permission of HipPOPs, is strictly prohibited.

 

2. Trademarks. HipPOPs, the HipPOPs design, all titles, graphics and icons on the Site (collectively, the “Trademarks”) are owned exclusively by HipPOPs. All unauthorized use of the Trademarks are strictly prohibited. All copying or imitation of the design and layout of the Site is strictly prohibited. All other trademarks, product names and company names or logos herein are the property of their respective owners.

 

3. Use. You may only access and use the Site for your own non-commercial, informational, and personal use. You are strictly prohibited from making any public or commercial use of the material contained on the Site, including without limitation all Copyrighted Material, Trademarks, and pricing information, without the written permission of HipPOPs.

 

4. Product Information. Although HipPOPs has attempted to provide accurate information on the Site as a service to its users, HipPOPs makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of any nutritional information or ingredient listings of products.

 

5. Links to Other Sites. As a convenience to HipPOPs users, the Site may contain links to web sites maintained by third parties. These web sites are not under the control of HipPOPs, and HipPOPs is not responsible for any material on, or privacy practices of, such web sites.

 

6. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED “AS IS,” AND HIPPOPS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. HIPPOPS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No warranty is given that access to any information or materials on the Site, or this Site as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Site or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. HipPOPs may change the programs or products mentioned at any time without notice. Mention of non-HipPOPs products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

 

7. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, HIPPOPS EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF HIPPOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.

 

9. Applicable Laws. Export of any material from the HipPOPs Site outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. ANY CLAIMS RELATING TO THE MATERIALS OR THE SITE WILL BE GOVERNED BY TEXAS LAW, EXCLUDING ITS CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH HIPPOPS ARISING OUT OF YOUR USE OF THE SITE WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, AND YOU HEREBY AGREE THAT SUCH VENUE IS APPROPRIATE.

 

10. Revisions to Terms and Conditions. HipPOPs may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If HipPOPs makes a request to you to stop using and/or to promptly return or destroy any copies of the materials displayed on the Site, you will comply immediately with this request and will confirm in writing to HipPOPs within ten (10) days that you have done so.

Conditions of Sale

PLEASE READ THE FOLLOWING CAREFULLY. THE TERMS AND CONDITIONS IN THIS SECTION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN HIPPOPS AND YOU (THE “CUSTOMER”) FOR THE SALE OF PRODUCTS BY HIPPOPS TO YOU. BY ORDERING PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

NUT ALLERGY DISCLAIMER

While peanuts or other tree nuts may not be a key ingredient in every one of our HipPOPs, all our gelato and sorbet items are produced in the same area where products containing various nut items are created. Though best practices are used in the manufacturing of our HipPOPs, inadvertent cross-contamination may occur.

 

Gluten Free Disclaimer

We do NOT have a certified Gluten Free Facility. We do make our gluten free products in the same facility and using the same equipment where we make gluten products