Terms of service
01. TERMS
By accessing the website at http://happyv.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
02. USE LICENSE
PERMISSION IS GRANTED TO TEMPORARILY DOWNLOAD ONE COPY OF THE MATERIALS (INFORMATION OR SOFTWARE) ON HAPPY V’S WEBSITE FOR PERSONAL, NON-COMMERCIAL TRANSITORY VIEWING ONLY. THIS IS THE GRANT OF A LICENSE, NOT A TRANSFER OF TITLE, AND UNDER THIS LICENSE YOU MAY NOT:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Happy V’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Happy V 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.
03. DISCLAIMER
Definitions
For the purposes of this Disclaimer:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Happy V LLC, 3230 Executive Way, Miramar, FL, 33025..
- Service refers to the Website.
- You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Website refers to Happy V, accessible from https://www.happyv.com
Disclaimer
The information contained on the Service is for general information purposes only and is provided on an ‘as is’ basis.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of materials on The Company’s Website or otherwise relating to such materials or on any sites linked to the Website.
The Company does not warrant that the Service is free of viruses or other harmful components.
Medical Information Disclaimer
The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.
Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.
Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.
The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
Fitness & Nutritional Information Disclaimer
The Service can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.
Use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
04. LIMITATIONS
IN NO EVENT SHALL HAPPY V OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON HAPPY V’S WEBSITE, EVEN IF HAPPY V OR A HAPPY V AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
05. ACCURACY OF MATERIALS
The materials appearing on Happy V’s website could include technical, typographical, or photographic errors. Happy V does not warrant that any of the materials on its website are accurate, complete or current. Happy V may make changes to the materials contained on its website at any time without notice. However, Happy V does not make any commitment to update the materials.
06. LINKS
Happy V has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Happy V of the site. Use of any such linked website is at the user’s own risk.
07. MODIFICATIONS
Happy V may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
08. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
09. SMS MARKETING
By consenting to Happy V, LLC’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at Hello@happyv.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://happyv.com/policies/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Happy V, LLC products or services, you agree that any controversy, claim, action, or dispute between you and Happy V, LLC arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Happy V, LLC’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Broward, FL, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [Florida], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Happy V, LLC’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring Happy V, LLC’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Happy V, LLC agree that you may bring or participate in Claims against Happy V, LLC only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Happy V, LLC agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Last updated: November 10, 2023