Terms & Conditions

Terms & Conditions


PREAMBLE

  1. PLEASE READ THIS LEGAL STATEMENT CAREFULLY AND YOU MUST ACCEPT IT BEFORE USING OUR SERVICES (DEFINED BELOW). 

  2. These Terms & Conditions, as may be updated from time to time (the “Terms”), apply to your access to and use of the websites, widgets, tools, resources, application programming interfaces, and any other online products or services, as may be updated from time to time, (collectively, the “Services”) provided by The RipTip Co. LLC, dba “RipTip” and “riptip” (“RipTip,” “we,” “us,” or “our”). For the avoidance of doubt, these Terms include all additional terms and conditions and policies referenced herein and/or made available by hyperlink.

  3. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

  4. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

  5. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

  6. Our store is hosted on Shopify Inc., who provides us with the online e-commerce platform that allows us to sell our products and services to you.

  7. The minimum age to use the Services is set forth by the laws of the respective country (and as applicable, state, region, territory, or other locality) where you access and use the Services (the “Minimum Age”). No one under the Minimum Age is allowed to use or access the Services.  Notwithstanding the aforementioned, from time to time we may offer additional Services that require a greater minimum age than the Services we currently offer. 

  8. It is your responsibility to read, understand, acknowledge, and comply with all notices and any additional or amended Terms, which we promulgate, to access the Services.

  9. These Terms are applicable and binding upon acceptance and shall remain in effect unless and until they are amended, modified, or otherwise updated. By using our Services, you agree to be bound by these Terms, including any amendments, modifications, or updates that may be published on our site from time to time. We reserve the right to revise these Terms at our sole discretion, and continued use of the Services after any such changes are posted constitutes your acceptance of those changes.

  10. You can review the most current version of these Terms at any time by navigating to the “Terms & Conditions” page (a link to these Terms is located at the bottom of the home page of the RipTip website). 


I. Online Store Terms

  1. By agreeing to these Terms, you represent that you are at least the Minimum Age in the jurisdiction where you are accessing the Services.

  2. A breach or violation of any of these Terms will result in an immediate termination of your access to the Services.

II. accuracy, completeness and timeliness of information

  1. We are not responsible if information made available through the Services is not accurate, complete, or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

  2. This site may contain certain historical information. Historical information is not current and is provided for your reference only.

  3. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

  4. You agree that it is your responsibility to monitor changes to our site.

  5. We have made every effort to display, as accurately as possible, the colors and images of our products that appear on the Services. We cannot guarantee that your computer monitor's display of any color will be accurate.

  6. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.

III. Modifications to the services and prices

  1. Prices for our products are subject to change without notice. On occasion, prices advertised through our Services may not reflect the retail price of our products; in such an event, we may, at our sole discretion, modify the price of the incorrectly priced product after your purchase, which would require that you remit the difference between the advertised price and the retail price prior to us shipping the incorrectly priced product. Should this occur, you will have the option to either cancel your order for a full refund or proceed with your purchase pursuant to the corrected price.

  2. We reserve the right to, at any time, modify or discontinue the Services (or any part or content thereof) without notice.

  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services, unless otherwise expressly set forth herein.

IV. Products or services (if applicable)

  1. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our “Return/Refund Policy”, which is located at the bottom of the home page of the RipTip website. Our “Return/Refund Policy” is hereby incorporated by reference.

  2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

  3. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transaction(s) and contact you as needed.

V. billing and account information

  1. The restrictions in Section IV may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  3. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transaction(s) and contact you as needed.

VI. THIRD-party content and optional tools

  1. We may provide you with access to third-party tools over which we neither monitor nor have any input or control.

  2. You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

  3. Certain content, products and services available via our Services may include materials from third parties, including, but not limited to, links to, and actual, third-party websites (collectively, “Third-Party Content”). We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Content, including, but not limited to, Shopify links, webpages, and hosting materials. Any use by you of Third-Party Material offered through our website or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

  4. Links on our Services may direct you to Third-Party Content that is not affiliated with us. We are not responsible for examining or evaluating Third-Party Content or its accuracy, and we do not warrant and will not have any liability or responsibility for any Third-Party Content, or for any other materials, products, or services of third parties.

  5. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Content.

  6. Please carefully review any third-party's policies and practices and make sure you understand them before you engage in any transaction with a connection to Third-Party Content. Complaints, claims, concerns, or questions regarding Third-Party Content should be directed to the relevant third-party.

VII. user comments, feedback and other submissions

  1. If, at our request, you send certain specific submissions (e.g. contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, plans, general comments or content, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, sell, license, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

  2. By submitting Comments, you agree that your content will not violate any right of any third-party, including, but not limited to, copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. We reserve the right, but assume no obligation, to monitor, edit, or remove Comments at our sole discretion, including, but not limited to, violations of this Section VII.

  3. You are solely responsible for any Comments you make and their accuracy.

VIII. personal information

  1. Your submission of personal information through the store is governed by our Privacy Policy. To view any changes to our Privacy Policy please click on the “Privacy Policy” link located at the bottom of the home page of the RipTip website. Our Privacy Policy is hereby incorporated by reference with these Terms.

IX. errors, inaccuracies and omissions

  1. Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice. For the avoidance of doubt, we may correct, change, update, or cancel orders even after you have submitted your order to make the preceding corrections.

  2. We make every attempt, but undertake no obligation, to update, amend or clarify information in these Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in these Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

x. prohibited uses

  1. In addition to other prohibitions, as set forth in these Terms, you are prohibited from using the site or its content: 

    1. for any unlawful purpose;

    2. to solicit others to perform or participate in any unlawful acts; 

    3. to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; 

    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

    6. to submit false or misleading information; 

    7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

    8. to collect or track the personal information of others; 

    9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 

    10. for any obscene or immoral purpose; or 

    11. to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

  2. We reserve the right, without limitation, to terminate your use of the Services or any related website for violating any of the prohibited uses listed in this Section X, or elsewhere in these Terms.

  3. The items available on the Services are being sold as collectible glass art. Any items that appear functional as a smoking device should be considered for tobacco use only. No other use for these items in any way is either intended or condoned. No person under the Minimum Age may purchase any item through our Services.

  4. Certain products available or advertised through the Services may not be legal in all jurisdictions. It is your responsibility to know the relevant laws and regulations of your jurisdiction regarding the items for sale through the Services and any age restrictions associated with those items.

  5. You may not copy, reproduce, republish, post, distribute, transmit, exploit, sell, resell, or modify, in any way, any part of the Services.

  6. All items available or advertised through the Services are only intended for legal uses.

XII. disclaimer of warranties

  1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE.

  2. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU, AT OUR SOLE DISCRETION.

  3. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE, EXCEPT AS EXPRESSLY STATED BY US, PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

XIII. idemniciation

  1. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD RIPTIP, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS (THE “RIPTIP ENTITIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND MADE BY ANY THIRD-PARTY, AND ANY RELATED LIABILITY, DAMAGE, LOSS, AND EXPENSE (INCLUDING COSTS AND ATTORNEYS’ FEES) DUE TO, ARISING OUT OF, OR IN CONNECTION WITH: (A) YOUR USE OF THE SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS OF THE UNITED STATES OF AMERICA, THE EUROPEAN UNION, OR ANY OTHER JURSIDCTIONS IN WHICH YOU ARE LOCATED, AND/OR ACCESSING THE SERVICES OR PRODUCTS; OR (D) COMMENTS OR CONTENT. WE RESERVE THE RIGHT TO CONTROL THE DEFENSE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO FULLY COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. 

  2. FOR THE AVOIDANCE OF DOUBT, THE RIPTIP ENTITIES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER OR NOT ADVISED OF THEIR POSSIBLE HARM.

  3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

XIV. severability

  1. In the event that any provision of these Terms is determined to be void, invalid, unenforceable, or illegal, for whatever reason, by a court of competent jurisdiction, such provision(s) shall be null and void as applied only to the specific situation and jurisdiction; provided, however, that the remaining provisions of these Terms shall be unaffected thereby and shall continue to be valid and enforceable.

XV. entire agreement

  1. These Terms constitute the entire agreement and understanding between you and RipTip. These Terms govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

XVI. arbitration and mediation

  1. Except where prohibited by law, any dispute or controversy between any of the parties involving the interpretation, construction or application of any part of these Terms or the Services, or transactions under it, must be solely and finally settled by confidential arbitration in accordance with the commercial rules then in effect of the Judicial Arbitration and Mediation Services (“JAMS”); provided, however, that all parties agree to enter into mediation and attend at least one session of mediation before commencing arbitration, or if prohibited by law, commencing litigation.  If a disputing party files a judicial or administrative action asserting claims subject to arbitration, as prescribed in these Terms, and the other disputing party successfully stays the action and/or compels arbitration of the claims, the disputing party filing the action must pay the other disputing party’s costs incurred in seeking the stay and/or compelling arbitration, including reasonable attorneys’ fees.

  2. Within twenty (20) days after the responding party’s receipt of the instituting party’s demand, the instituting party and the responding party must attempt to agree on an arbitrator (who is, in their view, knowledgeable with respect to the issues in dispute) to hear and determine the dispute.  If they are unable to do so within the twenty (20)-day period, either party may petition JAMS to appoint an arbitrator.  The decision of the arbitrator must be in accordance with the provisions of this Section XVI of these Terms and must be final, binding, conclusive and non-appealable.

  3. Unless otherwise agreed to by the disputing parties, all mediation and arbitration proceedings must be conducted in Denver, Colorado at a place, date and time mutually acceptable to the disputing parties.

  4. The parties and the arbitrator must treat all aspects of the arbitration proceedings, including, discovery, testimony and other evidence, briefs and the award as strictly confidential.

  5. Except with respect to provisional remedies, the arbitrator has the authority to award any remedy or reward that a court in the United States of America could order or grant, including specific performance of any obligation created under these Terms, the issuance of an injunction or other provisional relief, or the imposition of sanctions for abuse or frustration of the arbitration process.

  6. The arbitration award must be in writing and must specify the factual and legal basis for the award.

  7. Any monetary award of the arbitrator must be made and be payable in U.S. Dollars.  Any such monetary award must include interest from the date of any breach or any violation of these Terms. The arbitrator must fix an appropriate rate of interest from the date of the breach or other violation to the date when the award is paid in full.

  8. The arbitrator must determine how the fees and expenses of the arbitration must be borne by the disputing parties.  Those fees and expenses must include all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses, such as copying and telephone costs, witness fees and attorneys’ fees.

  9. The award of the arbitrator is final and is not subject to appeals by either party.

  10. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties or their assets.

  11. EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  12. In the event that any party hereto institutes any legal suit, action or proceeding, including arbitration, against another party in respect of a matter arising out of or relating to these Terms, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

XVII. governing law and venue

  1. To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Colorado in the United States, without regard to its conflict of laws rules.

  2. Subject to the requirements for arbitration as set forth in Section XVI, all disputes related to these Terms or the Services will be brought solely in the state courts located in the city of Denver in the state of Colorado in the United States, and you consent to the jurisdiction of these courts, without regard to their conflict of law rules.

  3. If arbitration, as contemplated by Section XVI, is prohibited by law, then any litigation shall be initiated only in a court of competent jurisdictions, located within Denver, Colorado and remain subject to Section XVI (11-12), and the mandatory mediation provisions set forth Section XVI (1).


XVIII. miscellaneous

  1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  2. You may not assign or transfer any of your rights or obligations under these Terms without our consent. RipTip may freely assign any of RipTip’s rights and obligations under these Terms.

  3. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” “including” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. You agree that no ambiguity will be construed against any party based on a claim that the party drafted the language.

  4. These Terms are a legally binding agreement between you and RipTip. If you have any questions about these Terms, please contact info@theriptip.com.


XIX. fda disclaimer

  1. The products and claims made about specific products on or through the Services have not been evaluated by the United States Food & Drug Administration, nor the European Medicines Evaluation Agency, and are not approved to diagnose, treat, cure or prevent disease.

  2. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should consult with a health care professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Any information provided is purely for historical, scientific and educational purposes and should never be interpreted as a recommendation for a specific treatment plan, product, and course of action of medical or cosmetic treatment. Persons with serious medical conditions should seek professional care