Terms of use

  1. Accepting These Terms  

This document and the other documents that we reference below  make up our house rules, or what we officially call our Terms of  Use (the “Terms” for short).  

The Terms are a legally binding contract between you and End  Hiccups.  

This contract sets out your rights and responsibilities when you  use End Hiccups.com, so please read it carefully. By using any of  our Services, you’re agreeing to the Terms. If you don’t agree with  the Terms, you may not use our Services. Agree with us? Great,  read on!  

  1. Your Privacy  

We know your personal information is important to you, so it’s  important to us. Our Privacy Policy details how your information is  used when you use our Services. By using our Services, you’re  also agreeing that we can process your information in the ways  set out in the Privacy Policy, so please read it here.  

End Hiccups processes members’ personal information (for  example, buyer name, and email address). That means End  Hiccups is responsible for the personal information it processes in  providing the Services. Payments are processed through a secure  third party, Stripe. 

  1. Your Account with End Hiccups  

You’ll need to create an account with End Hiccups to use some of  our Services. Here are a few rules about accounts with End  Hiccups:  

    1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or  legal guardian with their appropriate permission and under  their direct supervision. Children under 13 years are not  permitted to use End Hiccups or the Services. You are  responsible for any and all account activity conducted by a  minor on your account. 
    2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.  
    3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates  the Terms.  
    4. You’re responsible for your account or any activity under guest transactions. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then  the person whose financial information is on the account will  ultimately be responsible for all activity. If you’re registering as  a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.  Also, your accounts are not transferable.  
    5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.  
    6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture,employment, or franchisee relationship between you and End Hiccups

  1. Your Use of Our Services  

License to Use Our Services. We grant you a limited, non exclusive, non-transferable, and revocable license to use our  Services—subject to the Terms and the following restrictions in  particular:  

    1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.  
    2. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.  
    3. Follow Our Trademark Policy. The name “End Hiccups” and the other End Hiccups marks, phrases, logos, and designs that we use in connection with our Services (the End Hiccups Trademarks), are trademarks, service marks, or trade dress of  End Hiccups in the US and other countries.  

  1. Termination  

Termination By You. We’d hate to see you go, but you may  terminate your account with End Hiccups at any time from your  account profile settings.  

Termination By End Hiccups. We may terminate or suspend your  account (and any accounts End Hiccups determines are related to  your account) and your access to the Services should we have  reason to believe you, or your use of the Services violate our  Terms. If we do so, it’s important to understand that you don’t  have a contractual or legal right to continue to use our Services,  for example, to buy on our websites or mobile apps. Generally,  End Hiccups will notify you that your account has been terminated  or suspended, unless you’ve repeatedly violated our Terms or we  have legal or regulatory reasons preventing us from notifying you.  

If you or End Hiccups terminate your account, you may lose any  information associated with your account, including Your Content.  

We May Discontinue the Services. End Hiccups reserves the right  to change, suspend, or discontinue any of the Services for you,  any or all users, at any time, for any reason, including those laid  out in End Hiccups’s policies under these Terms of Use. We will  not be liable to you for the effect that any changes to the Services  may have on you.  

Survival. The Terms will remain in effect even after your access to  the Service is terminated, or your use of the Service ends. 

  1. Warranties and Limitation of Liability  

Items You Purchase. You understand that End Hiccups does not  manufacture, or own medical or pharmaceutical products. Digital  products can not be returned once downloaded, so by purchasing  and downloading, you assume full responsibility. 

Third-Party Services. Our Services may contain links to third-party  websites or services that we don’t own or control (for example,  links to Facebook, Twitter, and Pinterest). You may also need to  use a third party’s product or service in order to use some of our  Services (like a compatible mobile device to use our mobile  apps). When you access these third-party services, you do so at  your own risk. The third parties may require you to accept their  own terms of use. End Hiccups is not a party to those  agreements; they are solely between you and the third party. 

  1. Indemnification  

We hope this never happens, but if End Hiccups gets sued  because of something that you did, you agree to defend and  indemnify us. That means you’ll defend End Hiccups (including  any of our employees) and hold us harmless from any legal claim  or demand (including reasonable attorney’s fees) that arises from  your actions, your use (or misuse) of our Services, your breach of  the Terms, or you or your account’s infringement of someone  else’s rights. We reserve the right to handle our legal defense however we see  fit, even if you are indemnifying us, in which case you agree to  cooperate with us so we can execute our strategy.  

  1. Disputes with End Hiccups  

If you’re upset with us, let us know, and hopefully we can resolve  your issue. But if we can’t, then these rules will govern any legal  dispute involving our Services:  

    1. Governing Law. The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no  matter where in the world you live, but if you live outside of the  United States, you may be entitled to the protection of the  mandatory consumer protection provisions of your local consumer  protection law.  
    2. Arbitration. You and End Hiccups agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language,  administered by the American Arbitration Association (the “AAA”)  under its Consumer Arbitration Rules (the “AAA Rules”) then in  effect (those rules are deemed to be incorporated by reference  into this section, and as of the date of these Terms you can find  the AAA Rules here), unless otherwise required by law.  **Arbitration, including threshold questions of arbitrability of the  dispute, will be handled by a sole arbitrator in accordance with  those rules. Judgment on the arbitration award may be entered in  any court that has jurisdiction. Any arbitration or mediation under the Terms will take place on an  individual basis. You understand that by agreeing to the Terms,  you and End Hiccups are each waiving the right to trial by jury or  to participate in a class action lawsuit. Class arbitrations shall only  be available if requested by either party under its Class Action  Arbitration Rules and approved by the arbitration entity.  Notwithstanding the foregoing, each party shall have the right to  bring an action in a court of proper jurisdiction for injunctive or  other equitable or conservatory relief, pending a final decision by  the arbitrator or mediator. You may instead assert your claim in  “small claims” court, but only if your claim qualifies, your claim  remains in such court, and your claim remains on an individual,  non-representative, and non-class basis.  
    3. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its  rules. If the value of your claim does not exceed $10,000 USD,  End Hiccups will pay for the reasonable filing, administrative, and  arbitrator fees associated with the arbitration, unless the arbitrator  finds that either the substance of your claim or the relief sought  was frivolous or brought for an improper purpose. For mediation  through CEDR, the parties will pay their share of mediation costs,  and under certain conditions such fees may be refundable to you,  depending on the outcome of the mediation.  
    4. Forum. We’re based in Texas, so any legal action against End Hiccups related to our Services must be filed and take place in Denton County, Texas. For any actions not subject to arbitration  or mediation, you and End Hiccups agree to submit to the personal jurisdiction of a state or federal court located in Denton  County, Texas if your contract is with End Hiccups, Inc.  
    5. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section,  then those clauses do not apply to you. In that case, the Terms  and any action related to the Terms will be governedby the laws  of the United States (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 Texas.  
    6. Modifications. If we make any changes to this “Disputes with End Hiccups” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal  proceeding against End Hiccups prior to the date the changes  became effective. End Hiccups will notify you of substantive  changes to the “Disputes with End Hiccups” section at least 30  days prior to the date the change will become effective. If you do  not agree to the modified terms, you may send End Hiccups a  written notification (including email) or close your account within  those 30 days. By rejecting a modified term or permanently  closing your account, you agree to arbitrate any disputes between  you and End Hiccups in accordance with the provisions of this  “Disputes with End Hiccups” section as of the date you last  accepted the Terms, including any changes made prior to your  rejection. If you reopen your closed account or create a new  account, you agree to be bound by the current version of the  Terms.  

  1. Changes to the Terms 

We may update these Terms from time to time. If we believe that  the changes are material, we’ll definitely let you know by posting  the changes through the Services and/or sending you an email or  message about the changes. That way you can decide whether  you want to continue using the Services. Changes will be effective  upon the posting of the changes unless otherwise specified. You  are responsible for reviewing and becoming familiar with any  changes. Your use of the Services following the changes  constitutes your acceptance of the updated Terms.  

  1. Some Finer Legal Points  

The Terms, including all of the policies that make up the Terms,  supersede any other agreement between you and End Hiccups  regarding the Services. If any part of the Terms is found to be  unenforceable, that part will be limited to the minimum extent  necessary so that the Terms will otherwise remain in full force and  effect. Our failure to enforce any part of the Terms is not a waiver  of our right to later enforce that or any other part of the Terms. We  may assign any of our rights and obligations under the Terms.  

By agreeing to the Terms, you agree to resolve all disputes  through binding individual arbitration, which means that you waive  any right to have those disputes decided by a judge or jury, and  that you waive your right to participate in class actions, class  arbitrations, or representative actions. * 

  1. Contact Information  

If you have any questions about the Terms, please email us  at legal@endhiccups.com. 

*In some countries you may have additional rights and/or the  preceding may not apply to you.