HappinessFusion Terms of Use


Date of Last Revision: November 3, 2017

You and HappinessFusion, LLC (“We” or “Us”) agree to the following terms and conditions which include any other policies that are expressly incorporated by reference (collectively the “Terms of Use”).

The Terms of Use govern your access and use of our website, HappinessFusion.com, including any services, content and functionality offered on, by or through our website.

Please carefully read the Terms of Use before you proceed to our website. By clicking to accept, you agree to accept and be bound and abide by the Terms of Use. If you do not agree to the Terms of Use, you are prohibited from accessing our website for any reason.

Children under 13 Years of Age and Non-US Residents

Our website is available to and may be used by persons 13 years of age and older who reside in the United States including its territories and possessions. Our website and its content may not be appropriate for young children and those outside of the United States. We apologize, but if you do not meet these requirements, you must not use our website.

Changes to the Terms of Use

We will update any changes to this policy on this webpage. If we make any changes to this policy, we will notify you through email, and you will once again have to click to accept the Terms of Use before you may access our website. However, please check this webpage regularly for updates. All changes are effective immediately and your continued use of our website indicates that you accept and agree to any changes. Any changes to the dispute resolution provision will apply prospectively but will not apply to disputes for which you and we had actual notice on or before such changes. The date the Terms of Use was last revised is at the beginning of this agreement.

Access to Our Website

We may amend or cancel our website and any related services and materials at our sole discretion without notice. We will not be liable for any reason if all or any part of our website is unavailable. At times we may make all or parts of our website inaccessible for various reasons such as routine maintenance.

We require that you provide certain information in order to access our website. The information you provide us must be correct, current and complete. All information you provide us and that we collect is governed by our Privacy Policy. You are required to read and to consent to that policy as well. You are responsible for anything necessary to access our website such as an Internet connection.

Account Security

Please treat all security related information, such as your password, as confidential and do not disclose it to anyone. Your account is personal to you, and you agree never to give access to any part of our website to anyone through the use of your account. You agree to notify us immediately if you believe someone other than you might have used your account or might have breached our security.

We may, in our sole discretion, disable your account if we believe your account has been breached or you have violated any provision of this agreement.

Intellectual Property Rights

Our website and all of its contents, features and functionalities are owned by us, our licensors or other providers and such material is protected by property rights laws including copyright, trademark, trade secrets and patent laws of the United States and international law.

You may use our website for personal, noncommercial use only. You are prohibited from reproducing, distributing, modifying, storing or transmitting the material on our website except that you may store material on your computer or other electronic device to help you access or use the website e.g. applications we provide, cookies and cached files.

We do not give you any right, title or interest in or to our website or any of its content. All rights not expressly granted are reserved by us. Any use of our website that we have not expressly permitted is a breach of this agreement. You give us a non-exclusive license to use any material you put on our website. You agree to never publish, distribute, transmit or otherwise disseminate via our website any material for which you are not authorized.

If you believe any user contribution or other material violates your or another’s copyright, please send notice of such violation to the email address or mailing address listed in the contact information section of this policy. Repeat infringers of copyright violations will have their user accounts permanently terminated.

Prohibited Uses

You may not use our website in any manner that violates a law or this agreement. You agree not to use our website to do any of the following:

• Violate any federal, state, local or international law;
• Exploit or harm anyone, especially minors, in any manner whatsoever;
• Transmit or advertise promotional material such as chain letters, spam, or other solicitations;
• Engage in any activity we believe exposes another to liability;
• Inhibit anyone’s use and enjoyment of our website;
• Use any means of accessing our website to do something we have not authorized you to do;
• Attempt to gain unauthorized access to our website, our servers or another user’s account; or
• Interfere in any way with the operation of our website.


We respect your privacy, but keep in mind that if, in our sole discretion, you do anything to harm or attempt to harm us or anyone else, we may restrict or terminate your use of our website. We may also initiate legal action, and we may disclose your personal information and other information we possess to law enforcement or anyone else in relation to a lawsuit or in accordance with any applicable law.

User Contributions

Our website contains personal profile pages, forums and interactive features that allow you to upload, publish, distribute, transmit or disseminate to others content and materials. Such user contributions must comply with this agreement and our other policies.

Your user contributions will not be confidential or proprietary. You grant us and our affiliates, licensees, successors and assigns a right to use, reproduce, modify, disclose, publish, distribute, transmit or disseminate your contributions to others unless you and we specifically agree otherwise i.e. according to your account settings. You acknowledge that you are solely responsible for your contributions.

You agree that you own or have the necessary rights to grant to us and our affiliates, licensees, successors and assigns a non-exclusive license to anything you contribute to our website.

We cannot review all contributions and other material before it is placed on our website, and we cannot ensure that contributions and other material are not objectionable. Therefore, we assume no liability to any user or third party for harm caused by contributions or other material. We may, but are not obligated to, remove any user contribution in whole or part.

Reliance on User Contributions and Other Material

All information available on or through our website, such as user contributions and other material, is provided solely for informational purposes only. Your reliance on any of the information is strictly at your own risk. We do not warrant the validity or usefulness of the information. We expressly disclaim any liability for the information.

The information including statements and opinions provided by third parties such as users and bloggers are solely their opinions. They do not necessarily reflect our opinion. We are not responsible to you or anyone else for the information provided by others.

Content Standards

All content, user contributions and other material must comply with applicable federal, state, local and international laws. You are strictly prohibited from publishing, distributing, transmitting or otherwise disseminating any material including, but not limited to, your contributions if in our sole discretion it does any of the following:

• Contains defamatory, obscene, offensive, harassing, violent, hateful, or otherwise objectionable material;
• Displays or promotes pornographic material or illegal activity;
• Discriminates based on race, gender, religion, nationality, disability, sexual orientation or age;
• Violates the legal rights of another person;
• Promotes commercial activities; or
• Misrepresents or attempts to misrepresent any person or thing.


Links to and from Our Website

You may link to our homepage only as long you do so in a legal manner and as long as you do not damage our reputation or establish a link in a manner that suggests there is any sort of endorsement or association between you and us unless we expressly agree in writing.

However, you may only establish a link to our homepage from websites you own or have the necessary rights. As always, our Terms of Use and Privacy Policy apply. We may at any time withdraw your permission to link to our homepage.

If our website contains links to other websites and resources, they are provided to you for your convenience only. We do not control the validity or the contents of those websites and resources, so we accept no responsibility for any harm caused by using them. If you access those websites or resources, you do so solely at your own risk and subject to their terms and conditions.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES AND AFFILIATES, AND OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY LIABILITY THAT RESULTS FROM WILLFUL MISCONDUCT.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees including reasonable attorneys’ fees arising out of or relating to your violation of these Terms of Use or your use of our website, including, but not limited to, your contributions, any use of our website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our website.

Governing Law and Jurisdiction

All matters relating to our website and these Terms of Use and any dispute or claim arising from or related to them will be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our website will be brought exclusively in the federal courts of the United States or the courts of the State of Ohio located in Hamilton County, Ohio. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or our website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

Limitation to File a Claim

Any cause of action or claim you may have arising out of or relating to these Terms of Use or our website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

The failure of us or you to enforce any provisions of the Terms of Use will not be a waiver or limitation of our or your right to subsequently enforce and compel strict compliance with every provision.

If any part of the Terms of Use is unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect. If any provision of the Terms of Use is invalid or unenforceable according to a court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision will be limited.

Entire Agreement

The Terms of Use including our Privacy Policy constitute the entire agreement between you and us and supersedes any prior understanding or representation of any kind relating to our website. We and you have not relied on any other promises, conditions, understandings or other agreements, whether oral or written, relating to our website.

Contact Information

For questions, inquiries and notices such as claims of copyright infringement, you can reach us by email at admin@happinessfusion.com or by mail at 10921 Reed Hartman Highway, Suite 101, Blue Ash, Ohio 45242.