1. ACCEPTANCE OF TERMS & CONDITIONS
Happiify Inc. welcomes you to our websites. Happiify Inc. provides its services Services through Happiify.me Website and App, subject to the following terms and conditions (the Terms of Service). By continuing using our website and App, you signify your agreement to the terms and conditions below. If you are under 18, be sure to obtain your parent or guardian』s permission to use our websites. We encourage parents to get involved with their children's online usage and to be aware of the activities in which they are participating.
We reserve the right to modify these Terms of Service without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
2. MODIFICATIONS TO SERVICE
Happiify Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Happiify Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. NO ADVICE OR SOLICITATION
The websites and Services are provided for convenience and informational purposes only. They should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any product or service. You should apply your own judgment in making use of any services or content provided on or through the website, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own research and decisions regarding the purchase of any product or service. Happiify Inc. does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service.
5. ERRORS OR INACCURACIES
Happiify Inc. employs reasonable efforts to provide current and accurate information on the Website but the Website will from time to time contain errors or inaccuracies. Happiify Inc. makes no representation or warranty whatsoever regarding the accuracy of the information accessible in or through the Website, in particular any information regarding rebates, discounts, deals or other promotions for any product or service. Happiify Inc. cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described in or through the Website at any time. Further, Happiify Inc. reserves the right to change the content available in and through the Website at any time without notice and without incurring any liability to you or any other person.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found in or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Happiify Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in the Services
7 . FORUMS
"Forum" means a chat area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this Website. If you participate in any Forum, you must not:
You acknowledge and agree that all Forums involve public and not private communications, and that they can only be used for non-commercial purposes. Further, you acknowledge and ag r ee that all communications submitted by users are not monitored, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Website, including the Forums, and to remove or to refuse to post any material which we, in our sole discretion, determine to be in violation of these Terms of Services or otherwise objectionable. You shall remain solely responsible for the content of your communications.
By submitting any material or content to our Forums or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) Happiify Inc. a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such materials and content submitted.
8 . LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Happiify Inc. has no control over such sites and resources, you acknowledge and agree that Happiify Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials in or available from such sites or resources. You further acknowledge and agree that Happiify Inc. 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 or reliance on any such content, goods or services available on or through any such site or resource.
9 . NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
10 . INDEMNITY
You agree to indemnify and hold Happiify Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
1 1 . DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1 2 . LIMITATION OF LIABILITY
You expressly understand and agree that Happiify Inc. shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Happiify Inc. has been advised of the possibility of such damages), resulting from:
1 3 . EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above sections of limitations may not apply to you.
1 4 . NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
1 5 . GENERAL INFORMATION
Entire Agreement: The TOS constitutes the entire agreement between you and Happiify Inc. and governs your use of the Services, superseding any prior agreements between you and Happiify Inc. with respect to the Services.
Choice of Law and Forum. Happiify Inc. controls and operates its website from Toronto, Ontario, Canada. The TOS and the relationship between you and Happiify Inc. shall be governed by the laws of the Province of Ontario and applicable federal laws of Canada without regard to its conflict of law provisions. You and Happiify Inc. agree to submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto.
Waiver and Severability of Terms. The failure of Happiify Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
This Terms of Services was last updated on Apr 9, 2019