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Your use of Happy Egg’s website and the features at this site (collectively, the “Site”) are subject to these terms (these “Terms”). Please read these Terms carefully before using this Site. The Site is owned and controlled The Happy Group, Inc. (“Happy Egg”) and its affiliates.
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Happy Egg Content
Content on this Site that is provided by Happy Egg or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Happy Egg Content”) is the property of Happy Egg and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Happy Egg Content located on the Site in connection with products or services that are not those of Happy Egg, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Happy Egg or its licensor's property, or that otherwise infringes Happy Egg’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Happy Egg Content or Third Party Content that appears on this Site.
Use of the Site/User Content
The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Happy Egg in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
On certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Happy Egg a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed, to the extent that such User Content is not deemed a work made for hire under the terms of your employment arrangement with Happy Egg. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein.
Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
Account/Site Termination
You understand and agree that you have no ownership rights to the Site or the materials and features therein. Happy Egg may cancel your account and delete all User Content associated with your account at any time, and without notice, if Happy Egg deems that you have violated these Terms or the law. Happy Egg assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
Indemnification
You agree to indemnify and hold Happy Egg, its affiliates, parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations of these Terms by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Happy Egg or this Site.
Disclaimer of warranties and Limitations of liability
Your use of this Site and all of the content, products and services made available through this Site, is at your sole risk. This Site, and all of the content, products and services made available through this Site, is provided on an “as is” and “as available” basis, without representations or warranties of any kind whatsoever. to the fullest extent permitted by law, Happy Egg, its affiliates and their respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to this Site; the content, products and services made available through this Site; your use of this Site; or any websites to which this Site is linked. Without limiting the generality of the foregoing, Happy Egg, its affiliates and their respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties (1) of merchantability, fitness for a particular purpose, title and non-infringement; (2) arising from course of dealing or course of performance; (3) regarding the security of this site or our systems; (4) that the content is accurate, complete, current, relevant or reliable; or (5) that your use of this Site will be uninterrupted or error-free. Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.
Under no circumstances, shall Happy Egg, its affiliates, or their respective, officers, directors, employees, agents, licensors and service providers, be liable to you or to any third party for any indirect, incidental, special, exemplary or consequential losses or damages, including loss of profits, revenues, savings, data or goodwill, arising out of or in connection with the use of or inability to use this site or in connection with the content, products and services made available through this Site.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Each of the foregoing limitations of liability apply to the fullest extent permitted by law, whether the alleged liability is based on contract, negligence or other tort, strict liability or any other basis; even if an authorized representative of Happy Egg or one of its affiliates, licensors or service providers has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies. Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of the foregoing limitations of liability may not apply to you.
Third Party Websites
This Site may hyperlink to sites not maintained by or related to Happy Egg. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Happy Egg, and Happy Egg makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Happy Egg has no control over how your information is collected, used, or otherwise handled.
Copyright Complaints
If you believe that your work has been copied by Happy Egg and appears on this Site in a way that constitutes copyright infringement, please provide us with this information:
Send the notice of claims of copyright infringement to the Happy Egg’s copyright agent at: [email protected]
Please note that the procedure above is exclusively for notifying Happy Egg that your copyrighted material has been infringed by Happy Egg.
Miscellaneous
Both you and Happy Egg acknowledge and agree that no partnership is formed and neither of you nor Happy Egg has the power or the authority to obligate or bind the other.
These Terms are governed by the laws of the state of Arkansas, in the United States of America, and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of Arkansas, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the State of Arkansas. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Arkansas. These Terms operate to the fullest extent permissible by law. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THESE TERMS, AND/OR THE SUBMISSION OF AND/OR OUR USE OR DISTRIBUTION OF CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
All information we collect on this Site is subject to our Privacy Policy. By using this Site, you agree to all actions taken by us with respect to your information in compliance with the Privacy Policy.
If Happy Egg fails to act with respect to your breach or anyone else’s breach on any occasion, Happy Egg is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Happy Egg, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Happy Egg regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
