Terms & conditions for customers in the USA

Terms & conditions for customers in the USA

TERMS & CONDITIONS

We use a few defined terms throughout these Terms and Conditions:

  • “App”: any downloadable applications we make available to you
  • “Vendor Product”: any good or service offered for sale by a Vendor Retailer through the Platform.
  • “Vendor Retailers”: any third party entity or retailer that sells goods or services through the Platform.
  • “Tipser”, “we”, “us” or “our”: Tipser, Inc.
  • “Terms”: These Terms and Conditions, which are a legally binding agreement that governs your access to our Platform.
  • “Platform”: any software provided by Tipser (via a third-party website or mobile software application) that we make available to you.

BEFORE VIEWING, BROWSING OR OTHERWISE USING THE PLATFORM, PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND TIPSER, INC. ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 23 “AGREEMENT TO ARBITRATE”).  BY VIEWING, BROWSING OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN PLEASE DO NOT VIEW, BROWSE OR OTHERWISE USE THE PLATFORM.

PLEASE REVIEW THESE TERMS BEFORE USING THE PLATFORM, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OUR PLATFORM.  BY USING OUR PLATFORM, YOU REPRESENT TO US THAT YOU ARE AT LEAST 13 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.

NOTE TO KIDS under 13 years of age: The Platform is not for persons under the age of 13. If you are under 13 years of age, then please do not use our Platform. 

  1. Modification. Tipser may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Tipser provides notice of the Changes, whether such notice is provided through the Platform user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.
  2. License to Use; Privacy Policy.

    Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes and use our Platform, in each case, solely in the manner enabled by us. Your license to use our Platform is automatically revoked if you violate these Terms. From time to time, we may upgrade our Platform or make improvements to our Platform. You agree that these Terms will apply to all such upgrades or improvements. The foregoing license grant is not a sale of our Platform or a sale of a copy of our Platform, and we and our partners and suppliers retain all right, title and interest in our Platform. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

    Our Privacy Policy (the “Privacy Policy”), found at https://tipser.co/en/privacy-notice is hereby incorporated into these Terms. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  1. Platform. Tipser provides an embedded marketplace for you to purchase goods and services.  Our Platform may include blog posts, guest articles, community message boards, featured products, ask-the-expert questions or other content. Our Platform may also include content delivery that is customized to you based on the information you have provided us and any information we collect through our Platform pursuant to these Terms. We may deliver information to you via our Platform or through other means. Tipser may also provide answers to questions you submit through our Ask Tipser feature. We will use commercially reasonable efforts to provide prompt answers to each question, but we do not guarantee that your question will be
  2. Additional Terms. When using our Platform, you will be subject to any additional posted terms, guidelines or rules applicable to specific Platform (including Vendor Retailer specific terms applicable to purchase of Vendor Products), offers and features which may be posted from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions or Platform provided through one or more of our partners or business associates, and you should refer to those before using such Platform.
  3. Login Credentials; Social Platform.

    In order to use some functionality of our Platform, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. 

    Tipser may enable you to connect to our Platform with your Facebook account, LinkedIn account or other third party social networking account information (“Social Platform”). By connecting to our Platform through Social Platform, you authorize us and the Social Platform to share certain information about you with each other. We may receive and store information about you including, but not limited to, your user ID associated with such Social Platform, and other information that you have permitted the Social Platform to share with us, and any information you have made public in connection with those Social Platform. Your use of any Social Service is subject to its terms of service and privacy policy. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third party websites and apps before linking or connecting them to our Platform.
  1. Vendor Products.

    The Platform may make available listings, descriptions, and images of Vendor Products which are made available by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Platform). Such information and the availability of any Vendor Product are subject to change at any time without notice.

    We have made efforts to accurately display the attributes of Vendor Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

    Tipser is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Vendor Retailer, our advertisers, or other third parties to whose Platforms we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Platform, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using the Vendor Product. For additional information about a Vendor Product, please contact the manufacturer. If you find a Vendor Product is not as described, your sole remedy is to return it in unused condition to the applicable Vendor Retailer, in accordance with Tipser’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Vendor Product. 
  1. Payments; Placing an Order.

    Order Acceptance and Payment Processing. Payment processing for the Platform and any Vendor Product purchased through the Platform is provided by us or such third-party payment processor as we may utilize from time to time (“Payment Processor”). Tipser does not collect or store your credit card information. You can find out more about our privacy practices in our Privacy Policy. By providing a credit card or other payment method accepted by Tipser and using the Platform, you represent and warrant that you are authorized to use the designated payment method. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounter in order to proceed with your purchase or use of your account. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our Payment Processor. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

    By confirming your purchase at the end of the checkout process, you agree to accept and pay for the applicable Vendor Products, as well as all shipping and handling charges and applicable taxes.

    Tipser reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Tipser also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any Vendor Product(s) through the Platform for the purpose of engaging in a commercial sale of the same Vendor Product(s) to a third party.
  1. Pricing Information; Availability.

    Tipser cannot confirm the price or availability of a Vendor Product until after your order is placed. Pricing or availability errors may occur on the Platform or through Vendor Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Vendor Product. Tipser reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Tipser or the applicable Vendor Retailer. Tipser may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

    Promotional Codes. Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

    Shipping and Delivery. Orders for Vendor Products will be fulfilled by the applicable Vendor Retailer. The Vendor Retailer will ship to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Platform. Risk of loss and title for Vendor Products will be in accordance with the applicable Vendor Retailer’s shipping terms, and if none are provided, risk of loss and title for Vendor Products will pass to you upon delivery of the Vendor Products to the carrier by the Vendor Retailer. Delivery of Vendor Products to addresses outside the United States may be limited. Some Vendor Products may have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Vendor Products are purchased and the destination of the Vendor Products. For clarity, Tipser shall not have any liability with respect to fulfillment, loss and shipping of Vendor Products from the Vendor Retailer to you.

    Export Policy. You acknowledge that (a) goods sold through the Platform, and (b) any software or technology purchased, downloaded, or used from the Platform, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Tipser Content or Vendor Products will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Tipser Content or Vendor Products could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
  1. Tipser Content.

    The content, visual interfaces, information, graphics, design, compilation, links, computer code, products, software, Platform, and all other elements of our Platform that are provided by Tipser (“Tipser Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Tipser Content contained on our Platform is the copyrighted property of Tipser or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Tipser or its affiliates and/or third party licensors. Except as expressly authorized by Tipser, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Tipser Content.

    Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use the Tipser Content, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Tipser Content set forth in these Terms.

    You understand that the Tipser Content that is posted on our Platform is used by you at your own risk.

    We reserve the right to make changes to User Content or Tipser Content, descriptions or specifications of our Platform or other information without obligation to issue any notice of such changes.

    Nothing contained on our Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use our Platform or any Tipser Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on Tipser.
  1. Use of Our Platform.

    You agree that any information you provide to Tipser in connection with our Platform will be true, accurate, current and complete.

    As a condition of your use of our Platform, you shall not use our Platform for any purpose that is unlawful or prohibited by these Terms. Access to the Tipser Content and our Platform from territories where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email or privacy.

    Any use of any of the Tipser Content other than for private, non-commercial use is strictly prohibited.

    You may not use our Platform in any manner that in our sole discretion could damage, disable, overburden or impair it or interfere with any other party’s use of our Platform. You may not intentionally interfere with or damage the operation of our Platform or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Platform, features that prevent or restrict the use or copying of any content accessible through our Platform or features that enforce limitations on the use of our Platform. You may not attempt to gain unauthorized access to our Platform, or any part of them, other accounts, computer systems or networks connected to our Platform, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of our Platform or any activities conducted through our Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Platform. You agree neither to modify our Platform in any manner or form, nor to use modified versions of our Platform, including (without limitation) for the purpose of obtaining unauthorized access to our Platform.

    Our Platform may contain robot exclusion headers. You agree that you shall not use any robot, spider, scraper, crawler or other automated means to access our Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our Platform.

    You may not use framing techniques to enclose any trademark, logo or other Tipser Content without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Tipser’s name or trademarks without our express written consent.

    You may not deep-link to our Platform and we may promptly remove any links that Tipser finds objectionable in its sole discretion. You may not use any Tipser logos, graphics or trademarks as part of the link without our express written consent.

    You may not send junk mail to other users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures.
  1. Copyright Infringement; DMCA Policy. If you believe that any materials on our Platform infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Platform or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Platform is accessible at by email. at [email protected] (subject line must include “Copyright Infringement Notice”). In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
  2. Links to Third Party Platforms. Our Platform may contain links to third party websites. These links are provided to you as a convenience, and we are do not endorse or accept any responsibility for the content or use of such websites. Use of any third-party websites is subject to its terms of service and privacy policy.
  3. Providers of Third-Party Services. You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) may not be parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support with respect to Tipser; (iii) are not responsible for addressing claims by you or any third party relating to our Platform, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Platform or use thereof infringes any third party intellectual property rights.
  4. Feedback. We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you hereby assign such Suggestions to us, and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential. Please visit our contact information below for further assistance.
  5. Availability of Service. Tipser may make changes to or discontinue any of the media, contests, products or Platform available within our Platform at any time, and without notice. The media, products or Platform on our Platform may be out of date, and Tipser makes no commitment to update these materials on our Platform.
  6. Notice. Except as explicitly stated otherwise, legal notices shall be served on Tipser’s national registered agent or to the email address you provide to Tipser during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
  7. Violations; Termination. You agree that Tipser, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have at our Platform or your use of our Platform, at any time. Tipser may also in its sole discretion and at any time discontinue providing access to our Platform, or any part thereof, with or without notice. You agree that any termination of your access to our Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Tipser shall not be liable to you or any third party for any such termination.
  8. Disclaimers; No Warranties. THE PLATFORM AND ANY CONTENT, MEDIA, SOFTWARE, PLATFORM OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TIPSER AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SERVICEABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TIPSER AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE CONTENT, FEATURES OR FUNCTIONALITY CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIPSER AND ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR ANY CONTENT AVAILABLE ON THE PLATFORM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE. YOU (AND NOT TIPSER NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  9. Indemnification; Hold Harmless. You agree to indemnify and hold Tipser, and its affiliates, suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of our Platform, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties and covenants in these Terms. Tipser reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
  10. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TIPSER OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE TIPSER MATERIALS ON THE PLATFORM, THE PLATFORM THEMSELVES, OR ANY OTHER INTERACTIONS WITH TIPSER, EVEN IF TIPSER OR A TIPSER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TIPSER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.IN NO EVENT SHALL TIPSER’S OR ITS AFFILIATES, CONTENT AUTHORS, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED FIVE U.S. DOLLARS ($5).THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR PLATFORM, INCLUDING VENDOR PRODUCTS, SOLD OR PROVIDED TO YOU BY THIRD PARTIES, INCLUDING VENDOR RETAILERS, OTHER THAN TIPSER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE PLATFORM.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TIPSER WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY VENDOR RETAILER OR OTHER USER OF THE PLATFORM.
  11. No Medical Advice. The Platform may contain products regarding health care, medicine, nutrition and similar products. All such products should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is fully familiar with the specifics of your case.
  12. Agreement to Arbitrate; Waiver of Class Action. Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Platform, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in New York City, New York under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms. Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us shall participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Tipser account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out: Tipser, Inc. attn. Arbitration Opt-out  Midtown, 220 E 42nd Street, Suite 409A, New York, NY 10017, USA. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Platform link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Platform, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. In accordance with Section 23, this Arbitration Section will survive the termination of your relationship with us.
  13. Survival. In the event of any termination or expiration of these Terms, accrued obligations and the following Sections survive: 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 17, 19, 20, 21, 22, 23, and 24 shall survive.
  14. Miscellaneous.

    Governing Law; Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Platform that is not subject to arbitration under Section 22 shall be filed only in the state or federal courts in New York (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or our Platform shall be filed only in the state or federal courts in and for New York City, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

    Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    Assignment. These Terms and related Additional Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tipser without restriction.

    Communications. Under these Terms, you consent to receive communications from Tipser electronically.

    Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

    Entire Agreement. This is the entire agreement between you and Tipser relating to the subject matter herein and shall not be modified except in writing, signed by both parties or by a change to these Terms or Additional Terms made by Tipser as set forth above.

    Claims. YOU AND TIPSER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    Disclosures. The Platform is operated by Tipser, Inc., located at Midtown, 220 E 42nd Street, Suite 409A, New York, NY 10017, USA., email: [email protected] Tipser provides information of a general nature and is designed for educational purposes only. This Platform does not provide medical advice, diagnosis or treatment. Your use of the Platform indicates your agreement to be bound by these Terms, including our Privacy Policy.