These Terms of Use (“Terms”) are a legal contract between You and Happy Health (“We,” “Us,” “Our,” or “Happy Health” and together with You, "Everyone") that governs Your use of Our websites, and all the text, data, information, software, graphics, photographs and more made available via any of the foregoing (“Websites”). As applicable, these Terms govern Your use of the physical wearable products that We offer for sale and rent and any accompanying services, subscriptions, or memberships, in addition to any content or other materials made available therein (“Happy Products”, collectively with “Websites”, the “Services”). Your use of Happy Products may be subject to additional terms and conditions, including but not limited to, the User Agreement.
READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY OF OUR SERVICES. USING OR ACCESSING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Certain provisions do not apply to You if You are a consumer resident in Canada, the UK or the European Union. There are some other provisions which are different for Canada, UK and EU consumers, including relating to liability, warranties and dispute resolution. Please review the provisions relating to Your country or region of residence at the end of this document.
We may alter the Services or any portion thereof and/or choose to modify, suspend or discontinue the Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website and, in accordance with applicable law, providing You with notice, including by contacting You via email. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms presented to You through Your use of the Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using the Services, You promise that You are at least 13 years of age. If You are not yet 18 years old, You must have the permission of an adult to use the Services and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for Your use of the Services. If You are enrolling in the Diagnostic Program, You must be 22 years of age.
We invite You to use the Services for individual, consumer purposes ("Permitted Purposes") – enjoy!
In these Terms We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Services or any portion thereof and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services in any manner. If You make copies of any of the Services while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, You are agreeing to be bound by Google’s Terms of Use.
We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!
However, in order to access certain password-restricted areas of this Website (such as viewing this Website’s blog posts and other User Submissions (defined below)) and to use certain Services and Materials We offer, You must successfully register an account with Us.
If You want an account with Us, You must submit the following information through the applicable account registration page:
You may also provide additional, optional information so that We can provide You a more customized experience when using this Website or any other portion of the Services –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an email detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access this Website or access or use any portion of the Services, whether directly or through any account that You may setup through or on this Website or the Services. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of the Website or Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website or Services. Should You believe Your password or security for this Website or the Services has been breached in any way, You must immediately notify Us.
By using the Services, You consent to receiving electronic communications from Us.. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
By providing a mobile phone number to us through the Services or in connection with Your receipt or use of Our Services, You consent to receive calls or text messages sent by or on behalf of Happy Health to such phone number, including autodialed calls and/or text messages, for operational or transactional purposes such as notifications of updates to Our Services.
We respect the information that You provide to Us and want to be sure You fully understand exactly how We use that information. We have implemented a Privacy Policy (“Privacy Policy”) https://sleephappy.com/privacy-policy which provides additional information on how We collect and use Your information. Please review Our Privacy Policy for further information.
We use administrative, organizational, technical, and physical safeguards to secure and protect the personal data We collect and process. Measures may include, for example, where appropriate, encryption, pseudonymization and access management systems. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, availability, resilience, and ability to restore the data. We regularly test Our Service, systems, and other assets for security vulnerabilities.
We will take all reasonable precautions to ensure that Our staff and employees who have been specifically granted access to information about You have received adequate training to ensure that they process that information only in accordance with this Agreement and with Our obligations under applicable laws.
In the event of a security breach caused by Us that is likely to cause harm to You, We will inform You and relevant authorities as required by applicable data protection laws.
We think links are convenient, and We sometimes provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow You to configure Your privacy settings in that third-party website account to permit Your activities on this Website to be shared with Your contacts in Your third-party site account.
Certain areas of the Services (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, We authorize Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in the Services remain Our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
"Happy Health," “Happy Ring,” and “Happy Sleep” are trademarks that belongs to Us. Other trademarks, names and logos via the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are Our sole property, Copyright © 2021, Happy Health. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Our Copyright Manager of claims of infringement. Notice should be addressed as follows: Attn: Copyright Manager Email: support@sleephappy.com
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR RESULTING FROM A COURSE OF DEALING, LAW, CUSTOM, USAGE, OR TRADE PRACTICE.
TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services (or access to or use of) will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through this Website or the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
The Services are not intended to diagnose, treat, cure, or prevent any disease. If You have a medical or heart condition, consult Your doctor before using the Services, engaging in an exercise program, or changing Your diet. If You experience a medical emergency, stop using the Services and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events You learn about through the Services.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES OR OTHERWISE RELATING TO YOUR USE OF THE SERVICES. AS A CONSUMER YOUR USE OF THE SERVICES SHALL BE NON-COMMERCIAL. HAPPY HEALTH SHALL THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HAPPY HEALTH’S LIABILITY EXCEED (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE HAPPY HEALTH FOR THE PRODUCT(S).
We control and operate the Services from Our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If You use the Services outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and You voluntarily agree to waive all "moral rights" that You may have in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion. Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at support@sleephappy.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at support@sleephappy.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration - You or We may initiate arbitration in either Texas or the federal judicial district that includes Your billing address.
Payment of Arbitration Fees and Costs - So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation
This Dispute Resolution Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Services. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Services without prior notice to You. The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Travis County, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
For customers outside the U.S., You may be entitled to mandatory consumer protections applicable in Your country of residence.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758. If You have purchased anything from the Website or through the Service, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult Your individual purchase confirmation e-mail for the charges You incurred). If You have a question or complaint regarding the Services, please contact Customer Service at support@sleephappy.com. You may also contact Us by writing Happy Health, 3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us via email at support@sleephappy.com.
3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758
LIMITATION OF LIABILITY
OTHER THAN THE CONSUMER LAW RIGHTS TO WHICH YOU ARE ENTITLED AND EXCEPT FOR THE LIMITED HAPPY HEALTH WARRANTIES SPECIFIED IN THE HAPPY HEALTH WARRANTY ABOVE , ALL EXPRESS OR IMPLIED, OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES AND CONDITIONS NOT SET OUT IN THE WARRANTY ARE EXCLUDED FROM THE WARRANTY. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES OR JURISDICTIONS .
THIS WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSES. OTHER THAN THE CONSUMER LAW RIGHTS TO WHICH YOU ARE ENTITLED PURCHASER’S SOLE REMEDY, AND HAPPY HEALTH’S SOLE AND EXCLUSIVE OBLIGATION FOR BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE, IS THE, REPAIR, REPLACEMENT OR REFUND OF THE ORIGINAL PURCHASE PRICE FOR THE PRODUCT (WHICH SUCH REMEDY SHALL BE CHOSEN IN HAPPY HEALTH’S SOLE DISCRETION).
Happy Health is not responsible for the loss of any data. As a consumer Your use of the Happy Ring shall be non-commercial. Happy Health shall therefore not be liable to You for any loss of profits, revenue, anticipated savings contracts or time arising out of Your use of or inability to use the Happy Ring
If Happy Health fails to comply with the limited warranty or the terms and conditions of sale it is responsible for loss or damage the Purchaser may suffer that is a foreseeable result of Happy Health breaking its obligations to the Purchaser but Happy Health is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract of sale was made between the us We both knew it might happen
These exclusions shall not apply to limit or exclude Happy Health's liability for (i) death or personal injury caused by its negligence, (ii) fraud or gross negligence; or (iii) fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded as a matter of law.
General
USE OF OUR SERVICES SHOULD NOT REPLACE YOUR GOOD JUDGMENT AND COMMON SENSE. PLEASE READ AND COMPLY WITH ALL SAFETY NOTICES THAT ACCOMPANY YOUR USE OF OUR SERVICES.
What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Product's correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the product's correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order. If We accept and process Your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any Products provided to You.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
HAPPY HEALTH IS NOT RESPONSIBLE FOR THE LOSS OF ANY DATA. AS A CONSUMER YOUR USE OF THE HAPPY RING SHALL BE NON-COMMERCIAL. HAPPY HEALTH SHALL THEREFORE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL HAPPY HEALTH OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OF OUR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
Account Cancellation
First Tier and Second Tier shall have the meaning assigned to those terms, respectively, in the User Agreement.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) other than a pro-rata refund of the fee charged for the Second Tier of Services paid by You in advance reflecting the period where You did not benefit from the canceled Services as a result of such termination only if You cancel the Second Tier of Services within the first 30 days. You will not receive a refund after accessing the First Tier of Services under any circumstances. The fee for the First Tier of Services is non-refundable. For more information about the First Tier and Second Tier Services, please refer to the User Agreement.
Dispute Resolution
Nobody else has any rights under this contract. This contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You nor Us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the Provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Provisions will remain in full force and effect.
Which laws apply to this contract and where You may bring legal proceedings. These Terms are governed by English law and You can bring legal proceedings in respect of these Terms in the English courts. If You live in Scotland You can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
Minors and Age of Majority
By using the Services, You promise that You are at least 14 years of age. If You are enrolling in the Diagnostic Program, You must be 22 years of age. If You are not yet the age of majority in Your jurisdiction of residence (which is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan and 19 in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon Territory) and capable of forming a legally binding contract under applicable law, You must have the permission of an adult to use the Services and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for Your use of the Service.
If You are a parent or legal guardian of a minor or another individual not capable of forming a legally binding contract under applicable law, by providing permission for that individual to use the Service and agree to the Terms, You agree to: (i) exercise oversight of that individual’s use of the Service, including ensuring that such use is always in accordance with these Terms and all applicable laws, and to be fully responsible and liable for that individual’s compliance with these Terms and that individual’s use of the Service; (ii) the disclaimers, waivers and limitations of liability set out in these Terms on Your behalf and on that individual’s behalf; and (iii) be fully liable for and to fully indemnify, defend, and hold harmless Us and Our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation legal fees) arising, directly or indirectly, from that individual’s use of the Services or that individual’s failure to comply with these Terms.
Warranties and Limitations
The Limited Happy Health warranties specified in the Happy Health warranty above give You specific rights, and You may have other consumer protection rights (including cancellation and return rights and warranty rights) that vary from province to province. Happy Health does not limit or exclude other consumer protection rights You may have except as permitted by law. You should consult the laws of Your province for a full understanding of Your rights. Residents of Quebec are governed by Quebec’s consumer protection legislation.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE THE REPRESENTATIONS AND WARRANTIES WILL BE LIMITED TO THE EXTENT REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAPPY HEALTH’S WARRANTIES AND LIABILITIES ARE LIMITED TO THOSE SET OUT IN THESE TERMS, INCLUDING IN THE “LIMITED PRODUCT WARRANTY”, “DISCLAIMER; NOT A MEDICAL DEVICE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS OF THESE TERMS.
Governing Law
Except where prohibited by applicable law, including in Quebec, British Columbia law and applicable Canadian federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply except where required by applicable consumer protection legislation. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms or the Service.
Dispute Resolution
These Dispute Resolution provisions are prohibited by Quebec’s Consumer Protection Act (CQLR c P-40.1) and therefore do not apply to users in Quebec.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship. However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Services without prior notice to You.
Informal Dispute Resolution: If there is any dispute, controversy or claim arising under, out of, in connection with, or in relation to these Terms, the Services or any related matters (a “Dispute”), then before You commence arbitration or litigation You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at support@sleephappy.com the following information: (1) Your name, (2) Your address, (3) A written description of the Dispute, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration.
Arbitration: Except as expressly set forth in this Dispute Resolution and subject to section to the previous paragraph, except where prohibited by applicable law all disputes, controversies and claims arising under, out of, in connection with, any Dispute will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the "BCICAC") in accordance with its rules and these Terms. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, this paragraph does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in the previous paragraph, then subject to “Informal Dispute Resolution” paragraph above, the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and You and We each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that We may commence litigation against You in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms.
Privacy Policy
We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy (“Privacy Policy”) https://sleephappy.com/privacy-policy which explains everything about how We collect, use, process and disclose personal information. You consent to the collections, uses and disclosures of Your personal information for the purposes described in Our Privacy Policy.
Mandataries
References in these Terms to authorized agents are deemed to include reference to authorized mandataries.
Language
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente conventionet tous les autres documents ou avis qui y sont afférents soient rédigés en langue anglais
Severability
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
General
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
