Terms and Conditions
Terms & Conditions
Happy Joe, Inc. – TERMS of use
Disclaimer: While Happy Joe, Inc. and the persons who maintain this website (“we”, “us” or the “Company”) regularly work to ensure that product information on this website is correct and current, on occasion we may alter a product’s ingredients as we strive to improve our products. Actual product packaging and materials may contain more and/or different information than that shown on our website. We recommend that you do not solely rely on the information presented and that you always fully read product labels before consuming our products. For additional information about a product, please contact us. Content on this site is for reference purposes only and is not intended to substitute for advice given by a physician, pharmacist, nutritionist or any other licenses healthcare professional or practitioner. You should not use this information as self-diagnosis or for treating any form of health problem, injury or disease. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or health condition.
1. Acceptance of terms of use and amendments. Each time you use or access our website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. Nature of this website. This website and the services provided to you on and via this website are provided on an “AS IS” basis. You agree that the Company reserves the right to modify or discontinue provision of this website and its services, and to remove the date you provide, either temporarily or permanently, at any time, without notice and without any liability to you. The Company will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.
3. Your responsibilities and registration obligations. To use this website or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested, and – if a minimum age is required for eligibility for a user account – you undertake that you are at least the required age of 18. By registering for a user account, you explicitly agree to this site’s Terms of Use, including any amendments made by the Company that are published herein at any time, including after you have registered.
4. Privacy Policy. Registration data and other personally identifiable information that the site may collect is subject to the terms of the Company’s Privacy Policy.
5. Your Conduct. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this website may expose you to content that you may find objectionable or offensive. The Company will not be responsible to you in any way for content displayed on this website, nor for any error or omission relating to that content.
6. By using this website or any service provided, you explicitly agree that:
- You will not provide any content or conduct yourself in any way that may be construed as: unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to interfere with or disrupt the operation of this website or any service provided, infected with a virus or other destructive or deleterious programming routine, giving rise to civil or criminal liability, or in violation of an applicable local, national or international law.
- You will not impersonate or misrepresent your association with any person or entity;
- You will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- You will not collect or harvest any information about other users;
- You will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized advertising or commerce;
- You will not use the website to promote or operate any service or content without the Company’s prior written consent, which may be withheld in our sole discretion;
- You will not provide any content that may give rise to the Company being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, proprietary or confidential intellectual property or trade secrets.
(a) You agree to grant the Company a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media or technology already known at the time of provision or otherwise developed subsequently;
(b) you warrant and represent that you have all legal, moral and other rights that may be necessary to grant the Company the license specified in this section 7; and
(c) you acknowledge and agree that the Company will have the right (but not obligation), at the Company’s entire discretion, to refuse to publish, remove or block access to any content you provide, at any time and for any reason, with or without notice.
8. Modifications to the Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9. Products and Services. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10. Accuracy of Billing & Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
11. Third-Party Links. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. User Comments, Feedback and Review. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
13. Intellectual Property. The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM identical to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purpose any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted and reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
14. Trademarks. The Company name, the term Happy Joe, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
15. Prohibited Uses. You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree to not use the Website:
(a) 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).
(b) 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.
(c) 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.
(d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website, or expose them to liability.
Additionally, you agree not to:
(f) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the Website.
(g) Use any robot, spider, or other or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
(h) Use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
(i) Use any device, software, or routine that interferes with the proper working of the website.
(j) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the Website is stored, or any server, computer, or database connected to the website.
(l) Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
(m) Otherwise attempt to interfere with the proper working of the website.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16. Third Party Services. Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by those third parties. The Company will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
17. Indemnification. You agree to indemnify and hold harmless the Company and the Company’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, shareholders, agents, independent contractors, advertisers, partners and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your wrongful conduct or wrongful connection with this Website or service, your wrongful provision of content, your violation of these Terms of Use or any other violation by you of the rights of another person or party.
18. DISCLAIMER OF WARRANTIES. THE COMPANY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE COMPANY WILL NOT BE HELD LIABLE IN ANY WAY PROVIDED THAT COMPANY DOES NOT ACT WRONGFULLY OR NEGLIGENTLY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you with respect to implied warranties; the other terms remain enforceable notwithstanding.
19. LIMITATION OF LIABILTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES NOT CAUSED BY THE COMPANY’S GROSS NEGLIGENT OR OTHERWISE WRONGFUL CONDUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (D) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (E) ANY OTHER MATTER RELATING TO SERVICES, PROVIDED THAT SUCH DAMAGES ARE NOT CAUSED BY THE COMPANY’S GROSS NEGLIGENT OR OTHERWISE WRONGFUL CONDUCT.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you. Notwithsanding, the other terms herein remain enforceable.
20. Reservation of Rights. The Company reserves all of the Company’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that the Company may have in respect of this Website, its content and goods and services that may be provided. The use of the Company’s rights and property requires the Company’s prior written consent, which may be withheld in our sole discretion. By making services available to you, the Company is not providing you with any implied or express licenses or rights and you will have no rights to make any commercial use of this website or provided services without the Company’s prior written consent.
21. Notification of Copyright Infringement. If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Company’s copyright agent may be contacted via the following email address: info@gethappyjoe.com.
22. Applicable Law. You agree that these Terms of Use and any dispute arising out of your use of this Website or the products or services provided the Company will be governed by and construed in accordance with local laws applicable at the Company’s domicile, notwithstanding any differences between such laws and the relevant laws in force at your location. By registering for a user account on this Website, or by using this Website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction in the State of California, County of Los Angeles, and that any disputes will be heard by the courts in such jurisdiction.
23. Indemnification. You agree to indemnify, defend and hold harmless Happy Joe and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
24. Miscellaneous Information. In the event that any provision of these Terms of Use is deemed to conflict with the laws, rules or regulations by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (b) the failure of a party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; and (c) the Company may assign the Company’s rights and obligations under these Terms of Use; in this event, the Company will be relieved of any further obligation.
