Terms & Conditions

Reviewed July 06, 2020

Terms & Conditions

Effective Date: July 6th, 2020

Site Covered: www.ellenstipsforios.com

THE AGREEMENT: The use of this website and services on this website provided by

Ellen Sweeney (hereinafter referred to as “Company”) are subject to the following Terms

& Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are

specifically incorporated by reference here. This Agreement shall govern the use of all

pages on this website (hereinafter collectively referred to as “Website”) and any services

provided by or on this Website (“Services”).


The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the

Website, makes the Website, and certain Services on it, available to users. Ellen

Sweeney, Company, Us, We, Our, Ours and other first-person pronouns will refer to

the Company, as well as all employees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to

throughout this Agreement with second-person pronouns such as You, Your, Yours,

or as User or Client.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be

referred to as Parties.


By using the Website, You warrant that You have read and reviewed this Agreement

and that You agree to be bound by it. If You do not agree to be bound by this

Agreement, please leave the Website immediately. The Company only agrees to provide

use of this Website and Services to You if You assent to this Agreement.



The Company may provide You with certain information as a result of Your use of the

Website or Services. Such information may include, but is not limited to, documentation,

data, or information developed by the Company, and other materials which may assist in

Your use of the Website or Services (“Company Materials”). Subject to this Agreement,

the Company grants You a non-exclusive, limited, non-transferable and revocable

license to use the Company Materials solely in connection with Your use of the Website

and Services. The Company Materials may not be used for any other purpose, and this

license terminates upon Your cessation of use of the Website or Services or at the

termination of this Agreement.


You agree that the Website and all Services provided by the Company are the property

of the Company, including all copyrights, trademarks, trade secrets, patents, and other

intellectual property (“Company IP”). You agree that the Company owns all right, title

and interest in and to the Company IP and that You will not use the Company IP for any

unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP

in any way, including electronically or via registration of any new trademarks, trade

names, service marks or Uniform Resource Locators (URLs), without express written

permission from the Company.


You agree not to use the Website or Services for any unlawful purpose or any purpose

prohibited under this clause. You agree not to use the Website or Services in any way

that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services:

I) To harass, abuse, or threaten others or otherwise violate any person’s legal


II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software

that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid



VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or

discrimination towards any group;

VIII) To unlawfully gather information about others.


Through Your Use of the Website and Services, You may provide Us with certain

information. By using the Website or the Services, You authorize the Company to use

Your information in the United States and any other country where We may operate.

a) Information We May Collect or Receive: Depending on how You use Our Website

or Services, We may receive information from external applications You use to

access Our Website, or We may receive information through various web

technologies, such as cookies, log files, clear gifs, web beacons or others.

b) How We Use Information: We use the information gathered from You to ensure

Your continued good experience on Our website. We may also track certain of the

passive information received to improve Our marketing and analytics, and for this,

We may work with third-party providers, including other marketers.

c) How You Can Protect Your Information: If You would like to disable Our access to

any passive information We receive from the use of various technologies, You may

choose to disable cookies in Your web browser.


The Company may sell goods or services or allow third parties to sell goods or services

on the Website. The Company undertakes to be as accurate as possible with all

information regarding the goods and services, including product descriptions and

images. However, the Company does not guarantee the accuracy or reliability of any

product information, and You acknowledge and agree that You purchase such products

at Your own risk.


You agree to ensure payment for any items You may purchase from Us, and You


acknowledge and affirm that prices are subject to change. When purchasing a physical

good, You agree to provide Us with a valid email and shipping address, as well as valid

billing information. We reserve the right to reject or cancel an order for any reason,

including errors or omissions in the information that You provide to us. If We do so after

payment has been processed, We will issue a refund to You in the amount of the

purchase price. We also may request additional information from You prior to confirming

a sale, and We reserve the right to place any additional restrictions on the sale of any of

Our products. You agree to ensure payment for any items You may purchase from Us,

and You acknowledge and affirm that prices are subject to change. For the sale of

physical products, We may preauthorize Your credit or debit card at the time You place

the order, or We may simply charge Your card upon shipment. You agree to monitor

Your method of payment. Shipment costs and dates are subject to change from the

costs and dates that You are quoted due to unforeseen circumstances. For any

questions, concerns, or disputes, You agree to contact Us in a timely manner at the

following: ellen@ellenstipsforios.com.

If You are unhappy with anything You have purchased on Our Website, You may do the


Customers can send us an email for a full refund on any product they are unhappy



You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or

software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access,

circumvention of encryption or other security tools, data mining or interference to

any host, user or network.


The Company does not accept responsibility for the security of Your account or content.

You agree that Your use of the Website or Services is at Your own risk.



You agree to defend and indemnify the Company and any of its affiliates (if applicable)

and hold Us harmless against any and all legal claims and demands, including

reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the

Website or Services, Your breach of this Agreement, or Your conduct or actions. You

agree that the Company shall be able to select its own legal counsel and may participate

in its own defense, if the Company wishes.


You are strictly prohibited from using the Website or any of the Company’s Services for

illegal spam activities, including gathering email addresses and personal information

from others or sending any mass commercial emails.


The Company may occasionally post links to third party websites or other services. You

agree that the Company is not responsible or liable for any loss or damage caused as a

result of Your use of any third party services linked to from Our Website.


The Company may, from time to time and at any time without notice to You, modify this

Agreement. You agree that the Company has the right to modify this Agreement or

revise anything contained herein. You further agree that all modifications to this

Agreement are in full force and effect immediately upon posting on the Website and that

modifications or variations will replace any prior version of this Agreement, unless prior

versions are specifically referred to or incorporated into the latest modification or

variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid

by any court of law, You agree that the prior, effective version of this Agreement

shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date

posted at the top of this Agreement to note modifications or variations. You further

agree to clear Your cache when doing so to avoid accessing a prior version of this

Agreement. You agree that Your continued use of the Website after any


modifications to this Agreement is a manifestation of Your continued assent to this


c) In the event that You fail to monitor any modifications to or variations of this

Agreement, You agree that such failure shall be considered an affirmative waiver of

Your right to review the modified Agreement.


This Agreement constitutes the entire understanding between the Parties with respect to

any and all use of this Website. This Agreement supersedes and replaces all prior or

contemporaneous agreements or understandings, written or oral, regarding the use of

this Website.


The Company may need to interrupt Your access to the Website to perform

maintenance or emergency services on a scheduled or unscheduled basis. You agree

that Your access to the Website may be affected by unanticipated or unscheduled

downtime, for any reason, but that the Company shall have no liability for any damage or

loss caused as a result of such downtime.


The Company may terminate this Agreement with You at any time for any reason, with

or without cause. The Company specifically reserves the right to terminate this

Agreement if You violate any of the terms outlined herein, including, but not limited to,

violating the intellectual property rights of the Company or a third party, failing to comply

with applicable laws or other legal obligations, and/or publishing or distributing illegal

material. If You have registered for an account with Us, You may also terminate this

Agreement at any time by contacting Us and requesting termination. At the termination

of this Agreement, any provisions that would be expected to survive termination by their

nature shall remain in full force and effect.


You agree that Your use of the Website and Services is at Your sole and exclusive risk

and that any Services provided by Us are on an “As Is” basis. The Company hereby


expressly disclaims any and all express or implied warranties of any kind, including, but

not limited to the implied warranty of fitness for a particular purpose and the implied

warranty of merchantability. The Company makes no warranties that the Website or

Services will meet Your needs or that the Website or Services will be uninterrupted,

error-free, or secure. The Company also makes no warranties as to the reliability or

accuracy of any information on the Website or obtained through the Services. You agree

that any damage that may occur to You, through Your computer system, or as a result of

loss of Your data from Your use of the Website or Services is Your sole responsibility

and that the Company is not liable for any such damage or loss.


The Company is not liable for any damages that may occur to You as a result of Your

use of the Website or Services, to the fullest extent permitted by law. The maximum

liability of the Company arising from or relating to this Agreement is limited to the greater

of one hundred ($100) US Dollars or the amount You paid to the Company in the last six

(6) months. This section applies to any and all claims by You, including, but not limited

to, lost profits or revenues, consequential or punitive damages, negligence, strict liability,

fraud, or torts of any kind.


a) LANGUAGE: All communications made or notices given pursuant to this

Agreement shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website

or Services, You agree that the laws of the State of Pennsylvania shall govern any

matter or dispute relating to or arising out of this Agreement, as well as any dispute

of any kind that may arise between You and the Company, with the exception of its

conflict of law provisions. In case any litigation specifically permitted under this

Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the

state and federal courts of the following county: Ellen’s Tips For iOS, Pennsylvania.

The Parties agree that this choice of law, venue, and jurisdiction provision is not

permissive, but rather mandatory in nature. You hereby waive the right to any

objection of venue, including assertion of the doctrine of forum non conveniens or

similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out

of this Agreement, the Parties shall first attempt to resolve the dispute personally


and in good faith. If these personal resolution attempts fail, the Parties shall then

submit the dispute to binding arbitration. The arbitration shall be conducted in the

following county: Ellen’s Tips For iOS. The arbitration shall be conducted by a single

arbitrator, and such arbitrator shall have no authority to add Parties, vary the

provisions of this Agreement, award punitive damages, or certify a class. The

arbitrator shall be bound by applicable and governing Federal law as well as the law

of the following state: Pennsylvania. Each Party shall pay their own costs and fees.

Claims necessitating arbitration under this section include, but are not limited to:

contract claims, tort claims, claims based on Federal and state law, and claims

based on local laws, ordinances, statutes or regulations. Intellectual property claims

by the Company will not be subject to arbitration and may, as an exception to this

sub-part, be litigated. The Parties, in agreement with this sub-part of this

Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be

assigned, sold, leased or otherwise transferred in whole or part by You. Should this

Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise

transferred by the Company, the rights and liabilities of the Company will bind and

inure to any assignees, administrators, successors, and executors.

e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or

unenforceable by a court of law or competent arbitrator, the remaining parts and

sub-parts will be enforced to the maximum extent possible. In such condition, the

remainder of this Agreement shall continue in full force.

f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement,

this shall not constitute a waiver of any future enforcement of that provision or of any

other provision. Waiver of any part or sub-part of this Agreement will not constitute a

waiver of any other part or sub-part.

g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under

this Agreement are for convenience and organization, only. Headings shall not

affect the meaning of any provisions of this Agreement.


or joint venture has been created between the Parties as a result of this Agreement.

No Party has any authority to bind the other to third parties.

i) FORCE MAJEURE: The Company is not liable for any failure to perform due to

causes beyond its reasonable control including, but not limited to, acts of God, acts

of civil authorities, acts of military authorities, riots, embargoes, acts of nature and


natural disasters, and other acts which may be due to unforeseen circumstances.


are permitted to both Parties under this Agreement, including e-mail or fax. For any

questions or concerns, please email Us at the following address: