1. Legal Information.
1.1. This document, our rules, policies and the other documents referenced make up our terms and conditions (hereinafter “Terms and Conditions” or “Terms”). The Terms and Conditions are a legally binding contract between you and HopUp, LLC (“HopUp”). This document is intended to inform you about the Terms and Conditions that regulate the access to and use of the HopUp application, website and services (the “Service(s)” includes the website (the “Website”) and the application for your mobile device (the "Application" or “App”) as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms and Conditions are displayed) provided by HopUp.
1.2. The owner of the Application is HopUp with registered address at 3760 Sixes Rd., Ste 126 #140, Canton, Georgia, USA 30114. The Service is provided by HopUp.
1.3. HopUp is a company incorporated under the laws of the State of Georgia.
1.4. You can contact us at firstname.lastname@example.org at any time.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
3. Acceptance of the Terms and Conditions.
3.4. HopUp may amend the Terms and Conditions for its Website or the App Terms at any time by posting a revised version on our Website and in the Application. Any and all revised versions of Terms and Conditions or App Terms are effective at the time we post them and apply to all access to and use of the Services thereafter. If we change the Terms and Conditions in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are obliged to periodically review the Terms and Conditions, and to comply with the obligations set out in the current version at any and all times of use or storage of the Application on your device(s).
3.5 HopUp works continuously to promote a positive and safe experience for members. Because of the ability to communicate in real time on the HopUp platform and in the Application, we ask all HopUp Users to act with integrity and in the best interests of HopUp and the HopUp User community as a whole. In order to ensure such an environment, HopUp reserves the right to suspend, ban, or otherwise sanction any User at any time for conduct that HopUp in its sole discretion deems as in contravention of the best interests of HopUp and the HopUp community of Users, such as, without limitation, when a User posts content that is harmful or inappropriate.
4. Accessing the Website and Account Security.
4.1. We reserve the right to withdraw or amend the Services and any material we provide through the Services, in our sole discretion without notice. Services are limited to providing the marketplace within which Users can elect independently to communicate, buy, or sell goods from time to time. HopUp makes no representations, warranties, guarantees, or product validations for the goods or services sold within the HopUp marketplace, and buyers should proceed with purchases with the expectation that such purchases are for goods sold as-is and without guarantees, warranties, or option of return unless the seller explicitly and independently of HopUp offers such additional terms at the time of the sale. HopUp does not monitor the quality of sale outcomes or the quality of sellers and their reputations as sellers, and HopUp is not involved in sales of goods or services except to provide the social and transactional tools to permit any User to elect to be a buyer or seller in the HopUp digital marketplace, which is created and maintained by the Users themselves in how they may choose use the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Service, to Users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services; and
Ensuring that all person who access the Service through your HopUp User account (“Account”) are aware of the Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
5. Required Age.
5.1. The Application is intended to be used by adults ages eighteen (18) years or older. If you are not an adult (eighteen (18) years or older), you are not authorized to download the Application, register and create an Account with us. If you are a minor (under the age of eighteen (18)), you need the permission of your legal representatives in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Anyone under the age of thirteen (13) is not allowed access to the Services, platform, user access to the Website, or to download or use the Application in any manner. If you are a minor and you do not have your legal representative’s permission or if you are under the age of thirteen (13), you must stop using the Services immediately.
5.2. By using the Services, you represent and warrant that you are of legal age to form a binding contract, which means that you are eighteen (18) years of age or older, with HopUp and meet all of the foregoing eligibility requirements. In the event that the information you provide in this regard is not truthful, HopUp shall not be liable as it cannot with certainty verify the age of its Users.
5.3. HopUp may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent legally recognized credential. If you reject our request for providing identification, HopUp reserves the right to close your User Account, including, without limitation, cancelling all sales or purchases that are occurring within the HopUp Platform and/or Application immediately, and you will not be able to continue using the Service.
6. Creation of an Account.
6.1. To use or access certain functionalities of the Application you need to register for personal verification, using your name, e-mail address, and phone number. In case you use a social network as mentioned above, you authorize HopUp to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
6.2. You agree to provide accurate, current, and complete User Account information about yourself as may be prompted by the registration and/or login form on the Application.
7. Security of the Account.
By opening an Account, you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your Account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your Account.
8. Installation and Running the Application; License.
8.1. HopUp grants you a license for installing and running the Application and use of the Website. HopUp reserves all rights not expressly granted to you. HopUp hereby grants you a personal, limited, revocable, non-transferable license to use the Application and Website on a single compatible device that you own or control, solely for your own personal use.
8.2. The installation and execution of the Application is free. You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.
8.3. You must accept the permissions for installation and execution of the Application. From time to time, HopUp may request the granting of additional permissions to perform certain actions so that you can enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the Application may result in the suspension of the Services or impossibility of using the Application.
8.4. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof, nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.
9. Features of the Service.
9.1. The Service is an online consumer-to-consumer marketplace. We do not offer business accounts. HopUp also does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While HopUp may help facilitate transactions, users that list and sell items through the Service ("Sellers") and users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods, return policies outside of the “HopUp Buyer Protection Policy” and any applicable product warranties. HopUp provides no product warranties.
9.2. HopUp provides payment processing services through third-party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card, Apple Pay and Android Pay. Sellers may have funds from sales deposited into their designated bank account after a Buyer acknowledges receipt of acceptable goods. Please remember, payment instruments and bank accounts can only be registered on one HopUp Account at a time.
9.3. Payment processing services for sellers on HopUp are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a seller on HopUp, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of HopUp enabling payment processing services through Stripe, you agree to provide HopUp accurate and complete information about you and your business, and you authorize HopUp to share it and transaction information related to your use of the payment processing services provided by Stripe.
9.4. The Service will allow different actions, including:
- Sharing with the rest of the Users of HopUp information, images, photos as well as other data or personal information;
- Putting products on sale as a Seller and making offers as a Buyer in order to buy or negotiate price products; and
- Interacting with other users of HopUp though a private messaging and other ways to be implemented in the future.
10. Intellectual Property Rights.
10.1. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the HopUp, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2. These Terms and Conditions permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App or Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and/or
You may store files that are automatically cached by your Web browser for display enhancement purposes. 10.3. The contents of the Application, including the design, applications, text, images and source code are protected by intellectual and industrial property rights.
10.4. The contents of this Application, the database of Users, the screenshots may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing from HopUp.
10.5. Users shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
10.6. HopUp assumes no responsibility for the intellectual or industrial property rights of the content that Sellers include in the offerings of its items.
The HopUp name, the HopUp logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HopUp or its affiliates or licensors. You must not use such marks without the prior written permission of HopUp. All other names, logos, product and service names, designs, and slogans on the Website or Application are the trademarks of their respective owners.
12. Disputes Between Users.
12.1. HopUp is a platform that brings together buyers and sellers of second-hand airsoft products and new products through an online store. HopUp is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between Buyers and Sellers and does not review the products that Users provide through the Application. As a consequence, HopUp shall not be responsible, either directly or indirectly, for any disagreement between Users.
12.2. All information of the products published on the Application or the Website has been built and published by the User which is selling the product. Consequently, HopUp cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the Sellers.
12.3. Any claim or dispute that may arise between Users of the Service shall be settled by the Users, and Users agree to defend, indemnify, and hold HopUp harmless in the case of any dispute between Users. That means you must assist HopUp in defending any matter in which you were involved. This includes providing information regarding your experience and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
13. Warranty of Second-Hand Products.
HopUp does not assume any responsibility nor warrants the products sold by using the HopUp Application. The transaction takes places and is decided exclusively between the Buyer and Seller, and HopUp only provides the use of the application.
14. Exclusion of Liability.
14.1. User access to the Application does not imply for HopUp the obligation to monitor the absence of viruses, worms, or any other harmful technical element. In any case, the User is solely responsible for making available the adequate tools for the detection of harmful computer programs.
14.2. HopUp is not responsible for any damages incurred in the software and computers of users or third parties during the use of the services offered on the Website or the Application.
14.3. HopUp shall not be liable for damages of any kind that you are caused to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
14.4. HopUp shall not be liable for damages of kind that are caused by the banning of your Account for violation of these Terms and Conditions or for reasonable cause.
14.5. To the fullest extent permitted by law, neither HopUp, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall HopUp’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid HopUp in the past twelve months for Seller fees.
14.6. HopUp service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
14.8. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOPUP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
HOPUP IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. HOPUP HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
14.9. IN NO EVENT WILL HOPUP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERCARI HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF HOPUP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO HOPUP FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR HOPUP ACCOUNT BALANCE, THE SOLE REMEDY AGAINST HOPUP SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL HOPUP BE LIABLE FOR DAMAGES FOR DELAY, NON-DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF HOPUP OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
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. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Prohibited Items.
15.1. HopUp prohibits the listing or sale of any items that are not airsoft-related or that are illegal to possess, advertise, or sell under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
15.2. Some examples of listings that are not allowed:
- Photos that do not show the item clearly.
- Internet photos, i.e. you have not taken the picture yourself.
- Item infringes trademarks, copyrights or any other IP rights of third parties.
- Item is perishable (food etc.) or live animals.
- Photo or text containing a reference to another website, app or merchant.
- Items that are defective or of poor quality.
- An item listed as "free" but is not intended to be given away.
- There is no realistic price set for the item.
- Duplicated listings
- Other items that are specifically prohibited include:
- Alcoholic Beverages
- Tobacco products and electronic vaporizer products
- Blood, Bodily Fluids and Body Parts
- Burglary Tools
- Controlled chemical substances (such as cadmium, mercury, acids)
- Counterfeit currency, stamps or coins
- Counterfeit Products
- Databases containing personal data
- Electronic Surveillance Equipment
- Embargoed Goods
- Government, official and Transit Uniforms, IDs and Licenses
- Illegal Drugs and Drug Paraphernalia
- All types of illegal services and products
- Hacking tools
- Hazardous Materials
- Fireworks, Destructive Devices and Explosives
- Identity Documents, Personal Financial Records and Personal Information (in any form, including mailing lists).
- Items received through Government assistance
- Items which encourage or facilitate illegal activity
- Lottery Tickets, Sweepstakes Entries and Slot Machines
- Obscene Material and all types of Pornography
- All type of offensive material
- Pictures or images that contain frontal nudity
- Police and Other Security Forces Badges and Uniforms
- Prescription Drugs, medicines, supplements and Devices
- Recalled items
- Stocks and Other Securities
- Stolen Property
- Tobacco Products (including vapes and e cigarettes)
- Used Cosmetics
- Real ammunition and/or firearms
- Posts that are obscene, defamatory, libelous, slanderous, violent, and/or contain unlawful content or profanity
In addition, HopUp reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our Users and our own discretion, especially for offensive, dangerous or sensitive items and “For Trade” listings.
16. Rules of Use.
16.1. You agree to use the Services in accordance with the law, the morality, and the public order and in accordance with these Terms and Conditions. You are also obliged to make a proper use of the services and/or contents and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
16.2. Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.). You are solely responsible for the interaction you establish with other Users of the Service and for all of Your Content. You also guarantee that you are not infringing any third party right by the content uploaded.
16.3. By posting Your Content through our Service, you grant HopUp a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help HopUp function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account.
16.4. By posting Your Content, you grant HopUp a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote HopUp, or the Service in general, in any formats and through any channels, including across any HopUp Service or third-party website or advertising medium.
16.5. In addition, you agree and acknowledge that HopUp in no case will be held liable for the conduct of other Users.
16.6. HopUp prohibits the use of automated software and Posting Agents, directly or indirectly, without the express written permission of HopUp. As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post content on behalf of others, except with express written permission or license from HopUp.
16.7. You agree not to transmit, enter, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound files and image, photos, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. You agree NOT to:
Enter or disseminate content or propaganda which may be considered racist, xenophobic, pornographic or contrary to the human rights.
Enter or disseminate in the network data programs (viruses and malicious software) that might cause damage to the computer systems of the access provider, its suppliers or third-party users of the Internet.
Disseminate, transmit or make available to third parties any information, element or content that violates the fundamental rights and civil liberties recognized in international treaties.
Disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.
Enter or disseminate any information and content false, inaccurate or ambiguous in a manner which is misleading to the recipients of the information.
Disseminate, transmit or make available to third parties any information, element or content involving a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to HopUp or to third parties.
Crawl, scrape, collect, store or access the database of HopUp or collect all or part of the database of ads and users of HopUp.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, without prior consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.
Otherwise attempt to interfere with the proper working of the Service. 16.8. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify HopUp 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: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise 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.
16.9. HopUp develops maximum diligence in the control of the data and other content to be displayed in the Website and in the Application. Notwithstanding, if you identify an error or incompleteness, we kindly ask you to notify us at the email address email@example.com. HopUp will reply as soon as possible.
17. Objectionable Content Policy.
17.1. All posted content including messages may be moderated and reviewed in order to conduct investigations related to reported users and posts that break HopUp’s Objectionable Content Policy. HopUp reserves the right to remove posts and listings that do not follow policy concerning use of the Application. Objectionable content may not be submitted to the Application. Disregard of the Objectionable Content Policy will result in suspension or permanent banning of your Account at the sole discretion of HopUp.
Some examples of objectionable content not allowed include but are not limited to:
False accusations Foul language Harassment of any kind be it text, picture, video, etc. Racist statements and images Sexist statements and images
17.2. HopUp further reserves the right to ban or suspend Accounts of users who break rules as outlined in the Terms and Conditions governing use of the Services. Users who are suspended will remain suspended until applicable remediation is taken. All Users will be verified by SMS messages sent to their mobile phone, and at account creation, HopUp collects email and IP address information. Verification allows HopUp to act in accordance with law enforcement agencies in case additional issues with user behavior warrants their involvement.
18. Buying and Selling Generally.
18.1. When buying an item using the Service, in addition to any and all additional limitations in our Objectionable Content Policy, Prohibited Items, Rules of Use and elsewhere within the Terms and Conditions, Users also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by HopUp to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of items and may not be used to transfer money between Users that is unrelated to a purchase of items.
18.2. Any payment by a Buyer in connection with the Service shall be made through HopUp and its payment Help Desk processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Desk section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.
18.3. You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with HopUp or its affiliates. HopUp and its affiliates are not parties to your payment transaction with the Seller. You also agree that HopUp shall not have any liability to you for any payments made through HopUp’s designated payment processor.
18.4. Sellers agree to pay HopUp the current "Transaction Fee," which is defined in the Help Desk section, upon a successful completion of a sale. The current Transaction Fee is a flat 10% Transaction Fee per transaction. If applicable, the Transaction Fee amount will be displayed when Seller lists a product for sale.
18.5. In the event of an error in connection with the pricing or charging of Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
19. Cancellation of a Transaction; Refunds.
19.1. Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, HopUp may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 6 (six) days; or for other reasons HopUp deems appropriate.
19.2. If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to the Seller within three (3) days of delivery, or within such longer time as required under applicable law or regulation, through the transaction via in the Application. Items may be returned to the Seller, as HopUp permits, for a refund.
19.3. Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in HopUp Credit. If the Buyer and Seller agree to a return after this determination, HopUp may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items.
19.4. Transactions where payment is sent outside of the HopUp platform are strictly prohibited by HopUp’s Terms and Conditions and not protected by our Buyer Protection Policy. Listings or profiles soliciting such transactions are subject to removal without notice.
20. Transaction Records, Receipts, and Customer Service.
Records of your payment transactions through the Service and HopUp Account Balance transactions will be reflected in your transaction history in your HopUp Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting HopUp of such events through the Help Desk section.
21. No Interest.
HopUp and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with HopUp. You assign to HopUp the right to earn interest on earnings or other funds maintained with HopUp and its bank, in consideration of your use of the Service.
22. Disputes Between Users.
22.1. Sellers agree to resolve any disputes directly with the Buyer according to our Terms and Conditions. In the event that a dispute is escalated to HopUp, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of HopUp’s Terms and Conditions.
22.2. In the event that a Buyer submits a chargeback or other form of payment reversal, HopUp will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to us within five (5) calendar days of the request. HopUp reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.
22.3. Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.
22.4. If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such Users at their own cost. HopUp may participate in the dispute at its discretion. After a transaction is processed, HopUp is the final arbiter of disputes between Users and HopUp shall not bear any liability related to such disputes.
22.5. If you have a dispute with one or more users, you release HopUp (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
23. Enforcement; Termination.
23.1. We have the right to: Remove or refuse to post any of Your Content for any or no reason in our sole discretion;
Take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Service or the public, or could create liability for HopUp;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions. 23.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HOPUP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
23.3. However, we cannot and do not review all material before it is posted on the Application or Website and cannot ensure prompt removal of objectionable material after it has been posted. You interact with content and material on the HopUp platform within the Website and Application at your own risk. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
24. Notice and Take Down.
24.1. If you believe your copyright-protected work was posted on HopUp without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify HopUp of alleged copyright infringement is via: firstname.lastname@example.org.
24.2. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your HopUp Account and your use of our Services. Communications include:
Transaction receipts or confirmations;
Account statements and history;
federal and state tax statements we are required to make available to you; and any other Account or transaction information.
If HopUp determines that there is a need to notify or contact a User, it will do so by sending a text message, in-Application or in-platform direct message (at HopUp’s sole discretion), email, letter to the email address or mailing address provided by the User, and/or by other reasonable means.
Alternatively, we will provide these Communications to you by posting them on the Website or the Application.
24.3. It is your responsibility to keep your primary email address current so that HopUp can communicate with you electronically. You understand and agree that if HopUp sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, or blocked by your service provider, or if you are otherwise unable to receive electronic Communications, HopUp will be deemed to have provided the Communication to you and satisfied its proper legal notice requirement, where applicable. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add HopUp to your email address book so that you will be able to receive the Communications we send to you. To update an account email address, email email@example.com from the email address associated with the account with the update request. To update a street address, email us at firstname.lastname@example.org from the email address associated with the account. If your email address becomes invalid such that electronic Communications sent to you by HopUp are returned, HopUp may deem your Account to be inactive, and you will not be able to transact any activity using your HopUp Account until we receive a valid, working primary email address from you.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
Your address, telephone number, and email address
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A notarized statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If any clause included in the present Terms and Conditions is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.
26. Force Majeure.
HopUp shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; riots; pandemics or major epidemics; significant supply chain interruptions; hackings or other cybersecurity incidents; power failures; and/or Internet disturbances.
27. Controlling Law and Jurisdiction.
These Terms and Conditions and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Cherokee County, Georgia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and Conditions and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).
At HopUp’s sole discretion, HopUp may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
IF YOU ARE A REGISTERED USER WITH A HOPUP USER ACCOUNT, YOU CAN CHOOSE TO REJECT THIS ARTICLE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO HOPUP, LLC, 3760 SIXES RD., STE 126 #140, CANTON, GEORGIA, USA 30114.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including sales, use, excise, transfer, or import/export taxes or duties arising from your activities on HopUp’s platform, Application and Website, as well as reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service. HopUp shall facilitate buyers and sellers with any and all tax responsibilities of transactions made through the Service only to the extent required by law as it applies to digital marketplaces, as may be amended from time to time. At the time of the effective date of these Terms, HopUp has procured the sales tax calculation and tax filing services of TaxJar™, which are based upon a seller’s shipping address and the shipping destination, and this tax service provider is subject to change with or without notice to you by HopUp and at HopUp’s sole discretion from time to time.
30. Relationship of Parties.
These Terms do not create any agency, partnership, joint venture, other equity ownership, employment, broker, dealer, independent contractor, or franchisee relationship between you and HopUp.
HopUp’s failure to enforce any part of the Terms for any duration or frequency is not a waiver of HopUp’s right to later enforce that part of the Terms or any other part of the Terms.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. HopUp may assign any of our rights and obligations under the Terms to any third-party at any time without consent.
34. Contact Us.
If at any time you have questions or concerns about these Terms and Conditions or your data or privacy rights, please contact at:
Mr. C. Warren Head of Privacy HopUp, LLC 3760 Sixes Rd., Ste 126 #140 Canton, Georgia, USA 30114