Terms and Conditions

LAST MODIFIED: AUGUST 25, 2024

Please read these Terms and Conditions (“Terms”) before using the drinkhighground.com website (the “Site”) owned by 44 Hippos LLC (“Provider,” “us,” “we,” or “our”). These terms describe your rights and responsibilities and form a legally binding agreement between you and 44 Hippos LLC.

Your access to and use of drinkhighground.com constitutes your agreement to these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Site. If you disagree with any part of the terms then you do not have permission to access the Site.

 Communications

By creating an account on our service or providing your email, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.

Account Use and Security

The Site may permit you to provide certain personal information such as your email address or other information so that you may receive updates and information about products available in your area. You agree that any such information you supply will be truthful, accurate and complete, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Provider reserves the right to terminate your use of the Site.

You agree that all information you provide to the Site, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Data and Intellectual Property Ownership

As between 44 Hippos LLC and you, 44 Hippos LLC owns, has licensed, or otherwise has rights, title and interest in and to the Site and all of the content that appears on the Site. You agree that you have no right, title or interest in or to the Site and any of its content.

All software (including source code), logos, icons, the Site’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout and selection and arrangement of the content appearing on the Site, as well as all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein, shall be owned solely and exclusively by 44 Hippos LLC and/or its licensors and be protected by United States and international copyright, trade secret or other intellectual property laws and treaties. 44 Hippos LLC and its licensors reserve all rights in connection with the Site and its content, including, without limitation, the exclusive right to create derivative works therefrom.

High Ground® name and logo and all related names, logos, product and service names, designs and slogans are trademarks of 44 Hippos LLC or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by 44 Hippos LLC. Any images of persons or personalities contained on the Site are not an indication or endorsement of 44 Hippos LLC or any particular product or our service unless otherwise indicated.

Third Party Websites, Apps or Resources

The Site may provide links to other websites, apps or resources by third parties. The third-party websites, apps and resources are not reviewed, controlled, examined, sponsored or endorsed by 44 Hippos LLC and Provider is not responsible for the content, privacy policies, advertising, products, resources or other material of any third-party website, app or resource, or any link contained in a third-party website, app or resource. 44 Hippos LLC does not warrant the offerings and information of any third party website, app or resource. Your use of any such third-party websites, apps or resources is at your own risk. The Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such websites, apps or resources. These third-party websites, apps and resources have separate and independent privacy statements, notices and terms of use.

Changes to Terms of Use

44 Hippos LLC may revise and update the Terms of Use at any time in our sole discretion. 44 Hippos LLC will publish such revisions and updates from time to time. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to use the Site after any such publication, you are agreeing to be bound by the then current version of the Terms of Use. If you do not agree to the changes, then you must immediately stop using all portions of the Site and delete or discard any downloaded materials in your possession, custody or control whether in electronic or printed format.

Termination of Use

These Terms are effective until terminated. 44 Hippos LLC reserves the right to terminate or suspend your account and restrict access to some or all of the Site at any time immediately, without prior notice or liability, under our sole discretion for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. You may terminate the Terms yourself by discontinuing your use of the Site and cancelling all features and services to which you are subscribed.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless the Provider, their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, causes of action, liabilities, taxes, fines or penalties incurred by a provider party or expenses (including reasonable attorneys’ fees) and all amounts paid in investigation, defense or settlement of any of the foregoing resulting from or arising out of your use of, or any act of fraud or dishonesty by you in connection with, the site or any breach by you of the agreements or any applicable laws.

Limitation of Liability

Provider is not responsible for damages arising out of your use of the site or your inability to use the site. In no event shall provider, its subsidiaries, affiliates, owners, directors, officers, employees, agents, licensors, suppliers or any other person involved in creating, producing or distributing any content or services contained on the site (the “provider parties”) be liable for any indirect, incidental, special, exemplary, punitive, liquidated or other consequential damages (including, without limitation, damages for loss of use, data, profit or goodwill, or due to business interruption, unauthorized access or other intangible losses), incurred through your use of the site or through any delay or inability to use the site, regardless of legal theory (including negligence), even if one or more provider parties knew or was notified of the possibility of such damages.

Provider does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement appearing on the site. Under no circumstances will provider parties be liable for any loss or damage caused by your reliance on information obtained on or through the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion or advice or other content available through the site.

You acknowledge and agree that your sole and exclusive remedy for any dispute with provider is to stop using the site and to cancel all accounts registered to you. Nothing in this warranty affects statutory rights that cannot be waived or limited by contract.

Disclaimer

Your use of the Site is at your sole risk. The information contained on the Site involves the assembly of many data elements and is subject to human error. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The site is provided on an “as is” “as available” basis with all faults and without warranty of any kind. None of the provider parties (as defined below) make any representations or warranties, express or implied, and hereby disclaim all warranties, including without limitation, any warranty for accuracy, completeness, likely results, reliability, information, data, data processing, uptime or uninterrupted or error-free access and any implied warranties or conditions of merchantability, quality, fitness for a particular purpose or use, title, non-infringement or other violations of rights. 44 Hippos LLC does not assume any responsibility, and shall not be liable for, any damages, whether caused by viruses or otherwise, to your device resulting from your viewing of, access to or use of the site.

Equitable Remedies

In the event that you breach the Terms of Use, you hereby agree that Provider would be irreparably damaged if the Terms of Use were not specifically enforced, and therefore you agree that Provider shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms of Use, in addition to such other remedies as Provider may otherwise have available to it under applicable laws. In the event that any litigation is brought by either party in connection with the Terms of Use, you agree that the prevailing party shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New Jersey. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and 44 Hippos LLC agree that any arbitration shall be limited to the Dispute between 44 Hippos LLC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Governing Law

Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of New Jersey, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Arbitration and Class Action Waiver

Except where prohibited by law, you agree that any claim that you may have against 44 Hippos LLC and its brands, affiliates, owners, employees, and/or representatives, may only be pursued and brought in final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by Jury. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. S§ 1-16, as amended. In the event you elect to proceed with binding arbitration, you shall provide written notice to 44 Hippos LLC by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. The written notice shall be sent to: 11 Convent Rd, #382, Convent Station, NJ 07961 US. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations within the thirty (30)-day period following receipt of the written notice, either party may initiate binding arbitration pursuant to the terms and conditions set forth herein.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at http://www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, you hereby independently (i) waive any right to bring or participate in any class action against 44 Hippos LLC and (ii) acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and non-severable from the agreement to arbitrate claims.

Reselling

Reselling wholesale products online is restricted only to business website.

No third party reselling (Amazon, eBay, etc.) is permitted under any circumstance. Failure to comply will result in permanent ban from 44 Hippos LLC products. A cease and desist will be sent within 24 hours of notification and lack of compliance. If this there is lack of compliance after the cease and desist is sent, legal action will be taken pursuant to New Jersey state law and local courts against the offending party within 96 hours of the cease and desist.

General Provisions

If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Terms of Use is the complete and exclusive statement of the agreement between you and Provider concerning the Site, and the Terms of Use supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Provider; provided, however that the Terms 
of Use is in addition to, and does not replace or supplant, Provider’s Privacy Policy. The Terms of Use may only be modified as set forth herein.

Contact

If you have questions or concerns, please contact hi@drinkhighground.com.