READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY OF OUR SERVICES. USING OR ACCESSING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS ALSO GOVERN YOUR USE OF THE PRODUCT AND OTHER OFFERINGS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Certain provisions do not apply to you if you are a consumer resident in Canada, the UK or the European Union. There are some other provisions which are different for Canada, UK and EU consumers, including relating to liability, warranties and dispute resolution. Please review the provisions relating to your country or region of residence at the end of this document
These Terms govern your use of the Happy Health Product. The Happy Health Product is a wearable ring that tracks, monitors and can provide alerts regarding certain health metrics as described via Our Services and Materials.
You may only connect to the Service using (i) a device that is manufactured, distributed, or sold by Happy Health itself or through its authorized resellers or agents; (ii) Our Mobile applications and Software, or approved third-party applications, software, or devices; or (iii) Our Websites (“Authorized Connections”). You may not connect to the Service with any device that is not manufactured, distributed, or sold by Happy Health itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Happy Health device); otherwise intends to resemble or purports to be a Happy Health device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact Us.
Return Policy - If You are unsatisfied with your purchase of a Happy Health Product purchased directly from Us via Our Website for any reason, You are entitled to a full refund if You meet the conditions set forth below. (This right of return does not apply to any purchase or renewal of paid or premium Services offered under these Terms.) Shipping and handling charges and taxes paid are not refundable. To qualify for a refund, You must meet all of the following conditions:
If Your return fails to meet any of the above conditions, We may, in Our discretion, refuse to accept it or charge You a restocking fee of up to 15% of the original price.
Not for Resale - We sell and ship products purchased via Our Website to end-user customers only, and We reserve the right to refuse or cancel Your order if we suspect You are purchasing products for resale.
Pricing - Prices are stated in the applicable currency based on your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any Product on our Website at any time without notice. You may be required by Your local jurisdiction to pay customs duties in connection with the return of the product and You will be solely responsible for paying all such charges.
Ordering, Shipping and Delivery - We may refuse or cancel any order or limit any order quantity in Our sole discretion, even after receiving Your order. We may also require additional qualifying information prior to accepting or processing Your order. While it is Our practice to confirm orders by e-mail, Your receipt of an e-mail confirmation does not constitute Our acceptance of Your order or Our confirmation of an offer to sell a Product. Payment information- If You wish to make a transaction through Our Website, You may be asked to supply certain relevant information, such as Your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, You grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. The actual delivery of your order can be impacted by many events beyond Our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact us to end the contract and receive a refund for any Products You have paid for but not received.
When you own the Products - Title to the Products will pass to You upon the later of delivery of the Products to the carrier or our receipt of payment in full; however, risk of loss of, or damage to, the products will pass to You upon delivery of the products to You.
Product Availability - We reserve the right to add or remove Products and services from sale on Our Website at any time for any reason. We also reserve the right to change quantities available for purchase at any time, even after You place an order.
Product Descriptions on Website - Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are subject to minor variations. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through Our Website. Such information and the availability of any Product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors You see will depend on your computer system, and we cannot guarantee that Your computer will accurately display such colors. It is Your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product or service.
Compatibility - You are solely responsible for determining the compatibility of the Products with any required equipment (e.g., ensuring that you are using a compatible mobile device). You agree that lack of compatibility does not constitute a defect giving rise to a claim under Our Limited Product Warranty.
Where the Happy Ring is purchased in the United Kingdom consumers have additional rights under the Consumer Rights Act 2015 if a Happy Ring is defective and you have the right to choose whether to claim under the Happy Health warranty or under their consumer law rights.
Subject to the exclusions, limitations and conditions set forth below, Happy Health warrants to the original purchaser of the Product that the Product’s hardware will be free from material defects in material and workmanship, when subjected to normal, proper and intended usage by properly informed users, for twelve (12) months from the date of shipment of the Product to the original purchaser (the “Warranty Period”).
For any defective Product that is returned to Happy Health by the original purchaser during the Warranty Period in compliance with the claim process specified below, Happy Health will, at its sole option, repair or replace the defective Product, or refund the price paid to Happy Health for the defective Product. A replacement may be a new or refurbished Product in Happy Health’s discretion and any such replacement will continue to be subject to the warranty set forth above for the balance of the Warranty Period for the Product initially purchased.
Exclusions - A Product will not be considered defective and Happy Health will not have any obligation to repair or replace a Product, or refund the price paid for the Product as a result of any one or more of the following: (i) normal wear and tear, including scratches or dents, (ii) spillage of food or liquids, accident, disaster, or other external cause or force majeure, (iii) misuse, fault, neglect, negligence or intentional misconduct of or by any user or other person, (iv) use of the Product in a manner for which it was not designed or intended, or contrary to instructions (v) causes external to the Product, such as, but not limited to, power failure, electrical power surges or fluctuations, fire, exposure to or immersion in water or other liquids, excessive humidity or temperature, (vi) improper storage, handling or attempt to alter the Product, (vii) use of the Product in combination with equipment not supplied by Happy Health, (viii) tampering or opening the Product, or any attempted unauthorized repair, or (ix) use of the Product with software other than Happy Health’s Mobile Application.
Claim Procedure - To make a claim under this Warranty, contact Happy Health’s Service Center at email@example.com for your Return Authorization number (RMA). To obtain service under this Warranty, you will be required to provide (a) the original proof of purchase, (b) your name, (c) your shipping address, phone and email address, (d) a description of the problem, and (e) the serial number of the Product. You may not return defective Products to Happy Health or its authorized service provider when claiming under this Warranty without supplying this information to Happy Health. The Product (or the relevant part thereof) must be returned to Happy Health. We will pay the costs of postage or collection if our Service Center has provided you an RMA authorizing a warranty return. . It is recommended that the Product be insured and trackable when shipped. Happy Health is not liable for Product lost or damaged during shipment. The repaired or replacement Product will be shipped to the corresponding return address with the shipping charges prepaid by Happy Health.
Any Product (or part thereof) returned without proof of purchase, those with an outdated warranty, or those with issues not covered under the Warranty (as determined by Happy Health its sole and exclusive discretion) will not be repaired or replaced until the purchaser pays to Happy Health the repair or replacement cost as determined by Happy Health.
THE PRODUCT, (INCLUDING THE WEBSITE AND HOSTED SERVICES) IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO BE USED AS SUCH. THE PRODUCT AND THE RELATED SERVICES AND OTHER OFFERING ARE INTENDED TO PROVIDE HELPFUL INFORMATION VIA THE USE OF OUR PRODUCT AND RELATED OFFERINGS; HOWEVER, WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT THE INFORMATION RECEIVED THROUGH THE USE OF THE PRODUCT OR THE RELATED OFFERINGS. THE ACCURACY OF THE DATA COLLECTED AND PRESENTED VIA THE USE OF THE PRODUCT AND RELATED OFFERINGS IS NOT INTENDED TO MATCH THAT OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY RELIABILITY, AVAILABILITY, EFFECTIVENESS OR CORRECT USE OF INFORMATION THAT YOU RECEIVE VIA OUR OFFERINGS. USE OF OUR OFFERINGS SHOULD NOT REPLACE YOUR GOOD JUDGMENT AND COMMON SENSE. PLEASE READ AND COMPLY WITH ALL SAFETY NOTICES THAT ACCOMPANY YOUR USE OF OUR OFFERINGS.
EXCEPT FOR THE LIMITED PRODUCT WARRANTIES SPECIFIED HEREIN, ALL EXPRESS, IMPLIED, OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR RESULTING FROM A COURSE OF DEALING, LAW, CUSTOM, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY HAPPY HEALTH, ITS SUPPLIERS AND LICENSORS (IF ANY). TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES.
THIS WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSES. PURCHASER’S SOLE REMEDY, AND HAPPY HEALTH’S SOLE AND EXCLUSIVE OBLIGATION FOR BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE, IS THE, REPAIR, REPLACEMENT OR REFUND OF THE ORIGINAL PURCHASE PRICE FOR THE PRODUCT (WHICH SUCH REMEDY SHALL BE CHOSEN IN HAPPY HEALTH’S SOLE DISCRETION).
The Software includes the embedded software, interfaces, content, fonts and data that came with Your Product as may be updated or replaces by feature enhancements or system updated provided by Happy Health (collectively referred to as the “Software”). The Software is licensed, not sold, to You by Happy Health. Happy Health and its licensors retain ownership of the Software and reserve all rights not expressly granted to you. Subject to the terms and conditions set forth herein, You are granted a limited, non-exclusive license to use the Software on a single Product for your individual, consumer purposes. You may not, and You agree not to enable other to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or created derivative works of the Software.
We may alter the Services or any portion thereof and/or choose to modify, suspend or discontinue the Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using the Services, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use the Services and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of the Services.
We invite You to use the Services for individual, consumer purposes ("Permitted Purposes") – enjoy!
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any portion thereof and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services in any manner. If You make copies of any of the Services while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
We make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to Your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!
However, in order to access certain password-restricted areas of this Website (such as viewing this Website’s blog posts and other User Submissions (defined below)) and to use certain Services and Materials we offer, You must successfully register an account with Us.
If You want an account with Us, You must submit the following information through the account registration page on this Website (or the Mobile Application):
You may also provide additional, optional information so that We can provide You a more customized experience when using this Website or any other portion of the Services –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access this Website or access or use any portion of the Services, whether directly or through any account that You may setup through or on this Website or the Services. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of the Website or Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website or Services. Should You believe Your password or security for this Website or the Services has been breached in any way, You must immediately notify Us.
You agree to pay all applicable fees related to Your use of this Website and Our Services which are described fully on Our payment page www.happy.ai/ring. We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account)cannot be processed. BY PROVIDING A PAYMENT METHOD, YOU EXPRESSLY AUTHORIZE US TOCHARGE THE APPLICABLE FEES ON SAID PAYMENT METHOD AS WELL AS TAXES AND OTHERCHARGES INCURRED THERETO AT REGULAR INTERVALS, ALL OF WHICH DEPEND ON YOURPARTICULAR MEMBERSHIP AND UTILIZED SERVICES.
At the time of purchase, the total amount of the purchase for the Ring (which includes your selected Membership) will be held on your credit card. Once We confirm shipment, You will be charged only for the first payment (resulting from the total amount of the purchase stretched across the number of months of Your membership). The remaining balance will be held on the credit card until the final payment is made. After each monthly payment, the amount held from the available balance will be reduced to the new remaining balance.
TO THE EXTENT THAT THERE IS AN OPTION TO RENEW YOUR MEMBERSHIP, EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SERVICE PERIOD. WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. FOR GREATER CERTAINTY, IF YOU CANCEL YOUR SERVICES AFTER THE FIRST DAY OF THE OF YOUR RENEWAL TERM, YOU WILL NOT RECEIVE A REFUND, BUT YOU WILL CONTINUE TO ENJOY YOUR SERVICE BENEFITS UNTIL THE END OF THE THEN-CURRENT SERVICE PERIOD FOR WHICH YOU HAVE PAID, AT WHICH TIME YOUR SERVICE BENEFITS WILL EXPIRE.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
By using the Services, You consent to receiving electronic communications from Us.. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
By providing a mobile phone number to us through the Website or Mobile Application or in connection with your receipt or use of our Services, you consent to receive calls or text messages sent by or on behalf of Happy Health to such phone number, including autodialed calls and/or text messages, for operational or transactional purposes such as notifications of updates to our Services.
We use administrative, organizational, technical, and physical safeguards to secure and protect the personal data we collect and process. Measures may include, for example, where appropriate, encryption, pseudonymization and access management systems. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, availability, resilience, and ability to restore the data. We regularly test our Service, systems, and other assets for security vulnerabilities.
We will take all reasonable precautions to ensure that our staff and employees who have been specifically granted access to information about You have received adequate training to ensure that they process that information only in accordance with this Agreement and with our obligations under applicable laws.
In the event of a security breach caused by Us that is likely to cause harm to You, we will inform you and relevant authorities as required by applicable data protection laws.
We think links are convenient, and We sometimes provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in your third-party site account.
Certain areas of the Services (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, We authorize Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in the Services remain Our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
"Happy Health" is a trademark that belongs to Us. Other trademarks, names and logos via the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are Our sole property, Copyright © 2021, Happy Health. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Our Copyright Manager of claims of infringement. Notice should be addressed as follows: Attn: Copyright Manager Email: firstname.lastname@example.org
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE OFFERINGS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERINGS IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE OFFERINGS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE OFFERINGS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Offerings will meet Your requirements or that the Offerings (or access to or use of) will be uninterrupted, timely, secure, or error free or that defects in the Offerings will be corrected. We make no warranty as to the results that may be obtained from the use of the Offerings or as to the accuracy or reliability of any information obtained through the Offerings. No advice or information, whether oral or written, obtained by You through this Website or the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
The Service and the Product (and related Offerings) is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Services and Product, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Services and Product (and related Offerings) and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Service or the Product (and related Offerings).
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES OR OTHERWISE RELATING TO YOUR USE OF THE OFFERINGS. AS A CONSUMER YOUR USE OF THE HAPPY RING SHALL BE NON-COMMERCIAL. HAPPY HEALTH SHALL THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HAPPY HEALTH’S LIABILITY EXCEED (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE HAPPY HEALTH FOR THE PRODUCT(S).
We control and operate the Services from Our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If You use the Services outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and You voluntarily agree to waive all "moral rights" that You may have in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at [INSERT EMAIL ADDRESS] the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at [INSERT EMAIL ADDRESS] the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the Offerings and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration - You or We may initiate arbitration in either Texas or the federal judicial district that includes Your billing address.
Payment of Arbitration Fees and Costs - So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Offerings can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Dispute Resolution Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Services. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Services without prior notice to You. The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Offerings will be heard in the courts located in Travis County, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Offerings. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
For customers outside the U.S., you may be entitled to mandatory consumer protections applicable in Your country of residence.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Offerings are provided by Happy Health, 3200 Gracie Kiltz Lane, Suite 301, Mailbox #7, Austin, Texas 78758. If You have purchased anything from the Website or through the Service, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult Your individual purchase confirmation e-mail for the charges You incurred). If You have a question or complaint regarding the Offerings, please contact Customer Service at email@example.com. You may also contact Us by writing Happy Health, 3200 Gracie Kiltz Lane, Suite 301, Mailbox #7, Austin, Texas 78758. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us via email at firstname.lastname@example.org.
3200 Gracie Kiltz Lane, Suite 301, Mailbox #7, Austin, Texas 78758
LIMITATION OF LIABILITY
OTHER THAN THE CONSUMER LAW RIGHTS TO WHICH YOU ARE ENTITLED AND EXCEPT FOR THE LIMITED HAPPY HEALTH WARRANTIES SPECIFIED IN THE HAPPY HEALTH WARRANTY ABOVE , ALL EXPRESS OR IMPLIED, OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES AND CONDITIONS NOT SET OUT IN THE WARRANTY ARE EXCLUDED FROM THE WARRANTY. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES OR JURISDICTIONS .
THIS WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSES. OTHER THAN THE CONSUMER LAW RIGHTS TO WHICH YOU ARE ENTITLED PURCHASER’S SOLE REMEDY, AND HAPPY HEALTH’S SOLE AND EXCLUSIVE OBLIGATION FOR BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE, IS THE, REPAIR, REPLACEMENT OR REFUND OF THE ORIGINAL PURCHASE PRICE FOR THE PRODUCT (WHICH SUCH REMEDY SHALL BE CHOSEN IN HAPPY HEALTH’S SOLE DISCRETION).
Happy Health is not responsible for the loss of any data. As a consumer your use of the Happy Ring shall be non-commercial. Happy Health shall therefore not be liable to you for any loss of profits, revenue, anticipated savings contracts or time arising out of your use of or inability to use the Happy Ring
If Happy Health fails to comply with the limited warranty or the terms and conditions of sale it is responsible for loss or damage the Purchaser may suffer that is a foreseeable result of Happy Health breaking its obligations to the Purchaser but Happy Health is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract of sale was made between the us we both knew it might happen
These exclusions shall not apply to limit or exclude Happy Health's liability for (i) death or personal injury caused by its negligence, (ii) fraud or gross negligence; or (iii) fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded as a matter of law.
USE OF OUR OFFERINGS SHOULD NOT REPLACE YOUR GOOD JUDGMENT AND COMMON SENSE. PLEASE READ AND COMPLY WITH ALL SAFETY NOTICES THAT ACCOMPANY YOUR USE OF OUR OFFERINGS.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
HAPPY HEALTH IS NOT RESPONSIBLE FOR THE LOSS OF ANY DATA. AS A CONSUMER YOUR USE OF THE HAPPY RING SHALL BE NON-COMMERCIAL. HAPPY HEALTH SHALL THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL HAPPY HEALTH OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OF OUR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) other than when You are exercising your right to cancel during the initial 14 day period of the Service provision where we remain entitled to deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us You had changed your mind. You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Provisions will remain in full force and effect.
Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and You can bring legal proceedings in respect of these Terms in the English courts. If You live in Scotland You can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
TERMS APPLICABLE TO CANADIAN CUSTOMERS
Minors and Age of Majority
By using the Services, You promise that You are at least 14 years of age. If You are not yet the age of majority in your jurisdiction of residence (which is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan and 19 in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon Territory) and capable of forming a legally binding contract under applicable law, You must have the permission of an adult to use the Services and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for Your use of the Service.
If you are a parent or legal guardian of a minor or another individual not capable of forming a legally binding contract under applicable law, by providing permission for that individual to use the Service and agree to the Terms, you agree to: (i) exercise oversight of that individual’s use of the Service, including ensuring that such use is always in accordance with these Terms and all applicable laws, and to be fully responsible and liable for that individual’s compliance with these Terms and that individual’s use of the Service; (ii) the disclaimers, waivers and limitations of liability set out in these Terms on your behalf and on that individual’s behalf; and (iii) be fully liable for and to fully indemnify, defend, and hold harmless Us and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation legal fees) arising, directly or indirectly, from that individual’s use of the Services or that individual’s failure to comply with these Terms.
Warranties and Limitations
The Limited Happy Health warranties specified in the Happy Health warranty above give you specific rights, and you may have other consumer protection rights (including cancellation and return rights and warranty rights) that vary from province to province. Happy Health does not limit or exclude other consumer protection rights you may have except as permitted by law. You should consult the laws of your province for a full understanding of your rights. Residents of Quebec are governed by Quebec’s consumer protection legislation.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE REPRESENTATIONS AND WARRANTIES WILL BE LIMITED TO THE EXTENT REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAPPY HEALTH’S WARRANTIES AND LIABILITIES ARE LIMITED TO THOSE SET OUT IN THESE TERMS, INCLUDING IN THE “LIMITED PRODUCT WARRANTY”, “DISCLAIMER; NOT A MEDICAL DEVICE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS OF THESE TERMS.
Except where prohibited by applicable law, including in Quebec, British Columbia law and applicable Canadian federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply except where required by applicable consumer protection legislation. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms or the Service.
These Dispute Resolution provisions are prohibited by Quebec’s Consumer Protection Act (CQLR c P-40.1) and therefore do not apply to users in Quebec.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship. However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Services without prior notice to You.
Informal Dispute Resolution: If there is any dispute, controversy or claim arising under, out of, in connection with, or in relation to these Terms, the Offerings or any related matters (a “Dispute”), then before You commence arbitration or litigation You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at email@example.com the following information: (1) Your name, (2) Your address, (3) A written description of the Dispute, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration.
Arbitration: Except as expressly set forth in this Dispute Resolution and subject to section to the previous paragraph, except where prohibited by applicable law all disputes, controversies and claims arising under, out of, in connection with, any Dispute will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its rules and these Terms. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, this paragraph does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in the previous paragraph, then subject to “Informal Dispute Resolution” paragraph above, the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and You and We each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that We may commence litigation against You in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms.
References in these Terms to authorized agents are deemed to include reference to authorized mandataries.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto bed rafted in the English language. Les parties aux présentes ont expressément exigé que la présente conventionet tous les autres documents ou avis qui y sont afférents soient rédigés en langue anglais
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Offerings. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.