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Terms of Service

Last updated: November 13, 2023


TABLE OF CONTENTS

 

●     Introduction

●     Accessing the Service and Account Security

●     Intellectual Property Rights and Ownership of Service

●     AUTOMATIC RENEWAL AND CANCELLATION OF SUBSCRIPTION POLICY

●     Products, Pricing, and Purchases

●     Refunds

●     Shipping

●     Accuracy of Information and Reliance of Information Posted

●     SMS/MMS Mobile Messaging Marketing Program

●     Linking to HappyTabs’s Service

●     Linked Sites

●     Prohibited Uses

●     User Contributions

●     Content Standards

●     Disclaimers and Limitations of Liability

●     Disclaimer of Medical Advice

●     Indemnification

●     Information Collected About You

●     Geographic Restrictions

●     Copyright Policy

●     Arbitration, Choice of Law, and Venue

●     Additional Terms

●     Contact

 

INTRODUCTION

 

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. These Terms apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively the “Service”), that are owned, operated, or provided by NXV2 Inc., a Delaware corporation operating a business called HappyTabs, or any of its subsidiaries, divisions, and affiliates (“HappyTabs,” “us,” “we,” or “our”).

 

HappyTabs offers the Service, including all information, tools, services, goods, and products available through the Service, to you conditioned upon your acceptance of all terms, conditions, polices, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order, or purchase. By making any transaction, order, or purchase, or by visiting or otherwise using the Service in any manner, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to the terms of our Privacy Policy which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the Service is strictly prohibited and you must immediately exit.

 

HappyTabs is not a healthcare service or provider, nor is it intended to diagnose, treat, cure, or prevent any mental health conditions, including but not limited to depression or similar disorders. The content and resources provided in the Service are for informational and educational purposes only, and should not be considered a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing any mental health difficulties, have a history of mental health issues, or are having thoughts of suicide or self-harm, we strongly encourage you to seek the advice and care of a qualified medical professional, and not rely on the HappyTabs app for support or treatment.

 

By using the Service, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The Service is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

 

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, IS LEGALLY BINDING, LIMIT HAPPYTABS’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY HAPPYTABS, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

 

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms.

 

If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us, provided that we will not email you if we do not have the ability to contact you via email. You agree that such modified Terms will be effective thirty days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Service after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such change(s).

 

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

 

ACCESSING THE SERVICE AND ACCOUNT SECURITY

 

We reserve the right to withdraw or amend our Service at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

 

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

You are solely and fully responsible for all activities that occur under your username, password, or account. HappyTabs may assume that any transaction, order, purchase, or communications it receives through your account have been made by you unless we receive prior notice otherwise. HappyTabs expressly disclaims any liability from misuse of your account.

 

You agree not to sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

 

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF SERVICE

 

The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by HappyTabs, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by HappyTabs, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

 

These Terms permit you to use the Service and Content for your personal, non-commercial use only. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of HappyTabs or its licensors. This license shall automatically terminate if you violate any of these restrictions and may also be terminated by HappyTabs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of any intellectual property are granted by HappyTabs.

 

The sale or linking of our products on or to any third-party e-commerce website, social media site, marketplace, or mobile application without our specific written consent is expressly prohibited.

 

ANY USE OF THE SERVICE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

 

HappyTabs owns and uses several trademarks on the Service, including but not limited to: HappyTabs, MAGIK Method, MAGIK, and Tabulary and related designs and logos. You must not use such marks without the prior written permission of HappyTabs. All rights reserved. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. 

   

AUTOMATIC RENEWAL AND CANCELLATION OF SUBSCRIPTION POLICY

 

We offer our customers a subscription option that is an automatic, recurring subscription to our products in a frequency, quantity, and variety of your choosing based on the options available (each a “Subscription”). You can find specific details regarding your Subscription by logging into your account on our mobile application and accessing the “Subscription” page within the “Account” tab, or by emailing us at support@happytabs.com with your order number(s) and email address.

 

By purchasing a Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE SUBSCRIPTION (OR FOLLOWING THE CONCLUSION OF YOUR FREE TRIAL, IF APPLICABLE) AND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT EITHER A MONTHLY, BI-MONTHLY, QUARTERLY, OR ANNUAL FREQUENCY, DEPENDING ON THE SUBSCRIPTION OPTION YOU SELECT, AT THE PRICE PRESENTED TO YOU AT CHECKOUT, WHICH WILL DEPEND ON THE PRODUCT YOU DECIDE TO PURCHASE AND ANY APPLICABLE TAX.

 

YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS.

 

You further acknowledge and agree that your Subscription has an initial and recurring fee (“Subscription Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Subscription. By purchasing a Subscription, you accept responsibility for, and agree to pay, all Subscription Fees, plus any applicable tax, prior to cancellation of your Subscription. You affirmatively and expressly authorize us to charge your payment provider when your Subscription begins, and again at the beginning of any subsequent renewal term(s). If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of the Service.

 

Upon renewal of your Subscription, if HappyTabs does not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that HappyTabs may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

 

If the regular price to renew your Subscription increases, or any terms regarding the automatic renewal or your Subscription changes, HappyTabs will notify you of any such increase or change in writing prior to the commencement of the next renewal term to or in which the increase or change applies.

 

YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. You may cancel your Subscription at any time. The account will remain active for the remainder of your billing cycle, but you will not be charged for the next renewal term unless you purchase another Subscription.

 

If you want to cancel your subscription and you initially signed up for a subscription via our website, please log in to your account and go to the “Subscription” page and then select the Subscription you would like to cancel. If you want to cancel your subscription and you initially signed up for a subscription within our mobile application, please log into the mobile application and go to the “Subscription” page within the “Account” tab and proceed with the cancellation instructions, which may require you to cancel the Subscription within the native settings application on your mobile device. You may also contact us at support@happytabs.com. If you choose to cancel your Subscription prior to the start of the next renewal period, we will terminate your Subscription as of the end of that billing cycle and will not charge your payment provider for the subsequent renewal period.

 

You agree that we may either terminate or suspend your Subscription for any reason at any time in our sole discretion. You will not be responsible for payment of any Subscription terminated or suspended by us.

 

If you have any questions about automatic renewal, your Subscription, or our cancellation procedures, please contact us at support@happytabs.com.

 

PRODUCTS, PRICING, AND PURCHASES

 

All Content, including specifications, products, and prices of products, on this Service is subject to change at any time without notice. Certain measures and descriptions are approximate and are provided only for your convenience. HappyTabs makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. The actual color you see, however, may depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

 

The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. HappyTabs cannot confirm the price or availability of a product until after your order is placed. Pricing or availability errors may occur on the Service. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. HappyTabs reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from HappyTabs. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may further limit, including without prior notice, the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. We may also refuse service to any customer.

 

HappyTabs reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any product from HappyTabs for the purpose of engaging in a commercial sale of the same product to a third party. We also may require verification of information prior to the acceptance or shipment of any order. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

Promotional codes, discounts, and offers (“Promotions”), if available, are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a specific Promotion conflict with these Terms, the Promotion rules will govern.

 

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

 

Product prices will be displayed in United States Dollars or in a local currency depending on where you live. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all shipping and handling charges and applicable taxes and currency conversion fees.

 

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order or account or both.

 

If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. HappyTabs may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

 

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

 

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

 

REFUNDS

 

As we typically offer users free trials upon signing up for their initial subscription, we customarily do not offer refunds. We encourage all users to try our products for at least thirty (30) days before determining whether to continue subscribing for the Service. If you have actively used the Service for 30 days and would still like to be considered for a refund, please contact us at support@happytabs.com with a detailed explanation of your user experience and refund request. Refunds will be issued by us in our sole discretion.

  

ACCURACY OF INFORMATION AND RELIANCE ON INFORMATION POSTED

 

The information presented on or through the Service is made available solely for general information purposes. HappyTabs attempts to ensure that information on this Service is complete, accurate, and current. However, despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Service, and any reliance you place on such information is strictly at your own risk. For example, products included may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice.

 

The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk.

 

The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.

 

We disclaim all liability and responsibility arising from any reliance placed on any materials or information by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. This Service may include content provided by third parties, including but not limited to materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HappyTabs, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the HappyTabs. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

LINKING TO HAPPYTABS’S SERVICE

 

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format, without HappyTabs’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply will all applicable laws, rules, and regulations.

 

In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

 

You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

 

LINKED SITES

 

The Service may provide links to other third-party websites (“Linked Sites”). HappyTabs has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. HappyTabs is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by HappyTabs of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of HappyTabs. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. HappyTabs makes no representation or warranty as to any Linked Site content, products, or services, and you agree that HappyTabs 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 third-party content, products, or services available on or through any Linked Site or similar resource.

 

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

 

PROHIBITED USES

 

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

 

●     In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

●     For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

●     To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.

●     To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

●     To impersonate or attempt to impersonate HappyTabs, a HappyTabs employee or other representative, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

●     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm HappyTabs or users of the Service, or expose them to liability.

 

Additionally, you agree not to:

 

●     Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

●     Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

●     Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

●     Use any device, software, or routine that interferes with the proper working of the Service.

●     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

●     Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

●     Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

●     Otherwise attempt to interfere with the proper working of the Service.

 

CONTENT STANDARDS

 

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

●     Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

●     Promote sexually explicit or pornographic material, violence, or discrimination based on a protected characteristic such as race, sex, religion, nationality, disability, sexual orientation, or age.

●     Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

●     Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms or our Privacy Policy.

●     Be likely to deceive any person.

●     Promote any illegal activity, or advocate, promote, solicit, or assist any unlawful act.

●     Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

●     Impersonate any person, or misrepresent the user’s identity or affiliation with any person or organization.

●     Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

●     Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

●     Be posted through a false email address, while pretending to be someone other than oneself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

 

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND HAPPYTABS MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. HAPPYTABS MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, HAPPYTABS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. HAPPYTABS MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

 

ADDITIONALLY, IN NO EVENT WILL HAPPYTABS, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

 

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

 

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

DISCLAIMER OF MEDICAL ADVICE

 

WE ARE NOT A HEALTH CARE PROVIDER. THIS SERVICE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SERVICE OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SERVICE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE MAKE NO CLAIMS, REPRESENTATIONS, OR GUARANTEES THAT THE SERVICES PROVIDE A PHYSICAL OR THERAPEUTIC BENEFIT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE MATERIALS AND INFORMATION PUBLISHED AS PART OF THE SERVICES. ANY HEALTH INFORMATION AND LINKS ON THE SERVICES IS PROVIDED SIMPLY FOR YOUR CONVENIENCE.

 

 

INDEMNIFICATION

 

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless HappyTabs and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service, (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, HappyTabs shall have the right to defend itself, and in such case, you shall promptly reimburse HappyTabs for all of its associated costs and expenses. HappyTabs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

 

INFORMATION COLLECTED ABOUT YOU

 

All information we collect on this Service is subject to our Privacy Policy, which is accessible within the HappyTabs mobile application or on the HappyTabs website. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

 

GEOGRAPHIC RESTRICTIONS

 

HappyTabs is based in the United States; as such, we provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

COPYRIGHT POLICY

 

HappyTabs complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

 

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if HappyTabs has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

 

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for HappyTabs to determine the legitimacy of the signature and the identity of the signatory;

2.    Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;

3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HappyTabs to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;

4.    Information reasonably sufficient to permit HappyTabs to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

5.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

 

HappyTabs Copyright Agent

Losey PLLC

1420 Edgewater Drive

Orlando, FL 32804

407-906-1605

dmca@losey.law

 

Please note if any notification of claimed infringement does not meet the above requirements, HappyTabs has no responsibility to respond to or act on any such defective notification of claimed infringement.

 

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

 

1.    Your physical or electronic signature, as well as information sufficient for HappyTabs to determine the legitimacy of the signature and the identity of the signatory;

2.    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.    A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4.    Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

 

Any such counter notification must be sent to:

 

HappyTabs Copyright Agent

Losey PLLC

1420 Edgewater Drive

Orlando, FL 32804

407-906-1605

dmca@losey.law

 

ARBITRATION, CHOICE OF LAW, AND VENUE

 

Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that you and HappyTabs engage in a preliminary, non-binding mediation or arbitration. Binding arbitration shall be conducted in accordance with the American Arbitration Association’s rules (the “AAA Rules”). Arbitration shall be held in Miami-Dade County, Florida, and shall be held before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either you or us. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Florida and all decisions of the arbitrator will be final, binding, and conclusive on you and HappyTabs. Either you or HappyTabs may seek confirmation of the arbitration award in the Florida state courts in and for Orange County, Florida, and both parties hereby consent to the exclusive jurisdiction and venue of the Florida state courts in and for Miami-Dade County, Florida, in any claim or action arising under this arbitration provision.

 

YOU AND WE ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

 

All costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred by you or HappyTabs in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Terms shall be borne by each party without regard to the party determined to be liable in respect to such dispute. Except where clearly prevented by the area in dispute, you and we agree to continue performing their respective obligations under these Terms until the dispute is resolved.

 

If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms or the Service shall be an appropriate state or federal court located in Miami-Dade County, Florida, and you hereby submit and irrevocably consent to the personal jurisdiction of the State of Florida and the jurisdiction and venue of said courts. You agree that such courts are a convenient forum and that you will not seek to transfer an action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. You further agree that the laws of the United States and the State of Florida, without regard to the principles of conflict of laws principles, shall govern these Terms and all matters relating to the Service. This paragraph shall not be read to conflict with the mandatory arbitration provision.

 

ADDITIONAL TERMS

 

The failure of HappyTabs of any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and HappyTabs regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

 

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

We may provide you information regarding your account and the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

 

CONTACT

 

Please direct any questions you may have about the Service or these Terms to the following: support@happytabs.com.

 

Although HappyTabs will in most circumstances be able to receive your communications, HappyTabs does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to HappyTabs may not be secure and will not be treated as confidential.

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