HAPPYSNEEZE

 

TERMS AND CONDITIONS

 

Effective: July 7, 2020

​

Last Updated: May 24, 2023

 

NOTICE

 

YOU SHOULD CAREFULLY READ THE BELOW TERMS AND CONDITIONS (“TERMS”) BEFORE USING THE HAPPYSNEEZE WEBSITE OR APP (COLLECTIVELY, THE “PLATFORM”) OR ANY SERVICES PROVIDED ON OR BY THE PLATFORM (THE “SERVICES”). BY CONTINUING TO ACCESS OR USE THE PLATFORM AND SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR SERVICES.

 

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HAPPYSNEEZE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING hello@happysneeze.com WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS.

 

INTRODUCTION

 

These Terms are a legal contract between you and HappySneeze, Inc. (“HappySneeze”), including any entities affiliated with or owned by HappySneeze. HappySneeze is the creator of the Platform and Services. These Terms govern your use of the Platform and Services and apply to individuals accessing the Platform and Services. By accepting these Terms and using the Platform and/or Services, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy.

 

WHAT ARE THE PLATFORM AND SERVICES?

 

The Platform consists of the HappySneeze website (located at www.happysneeze.com) (the “Website”) and the HappySneeze application (the “App”). The Website is intended to provide general educational materials to the public on urinary incontinence and provide an oversight and introduction to the HappySneeze Services. The Website may also contain health intake assessments for users enrolled in Services through the App. The App contains at-home exercise plans and recommendations for healthy habits to reduce stress urinary incontinence and other pelvic floor disorders. The App may also include live chat and email capabilities to allow users to interact with support personnel and clinicians. These Terms apply to all users of the Platform and Services.

 

You may access and use the Platform and Services only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.

 

The Platform and Services are intended to provide a convenient platform for users to collect and transmit certain healthcare data to their referring providers. The Platform and Services are not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you or someone you know believes you are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.

 

WHAT DOES HAPPYSNEEZE NOT PROVIDE?

 

HappySneeze DOES NOT provide medical advice.

 

By accepting these Terms, you agree and acknowledge that HappySneeze does not provide clinical, laboratory, or medical services. The role of Happy Sneeze is limited to supporting and facilitating your access to certain products and services via the Platform, including providing at-home exercise plans and habit recommendations via the App. YOU AGREE AND ACKNOWLEDGE THAT HAPPYSNEEZE IS IN NO WAY PROVIDING MEDICAL ADVICE OR DIAGNOSTIC SERVICES TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE PLATFORM OR SERVICES ARE NOT INTNEDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. HAPPYSNEEZE EXPLICITLY DISCLAIMS THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.

 

THE PLATFORM AND SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

 

Any information or recommendations provided via the Platform may be based on the personal health data you provide (for example, through the pelvic health assessment on the Website). If you do not provide complete and accurate personal health information, the information you receive may not be accurate or appropriate. Questions and information collected through the Platform and Services may also be designed for information and/or research purposes to identify potential patterns in symptomologies and treatments. The Platform and Services and/or any data derived from the Platform or Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

 

Further, the medical advice provided to you by your healthcare provider, or any other professional, is not under HappySneeze’s control. HappySneeze does not validate that any referring healthcare providers or clinicians are in good standing with their respective licensure board(s). It is your responsibility to separately confirm that your healthcare provider is in good standing with their respective licensing board(s) and to exercise appropriate due diligence in selecting and maintaining your choice of healthcare professionals.

 

General information available through the Platform or Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform or Services. If you have or suspect that you have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.

 

WHO IS ELIGIBLE TO USE THE PLATFORM AND SERVICES?

 

Anyone can access the Website for general information about HappySneeze and urinary incontinence. Only individuals referred to HappySneeze through a licensed healthcare provider for treatment of stress urinary incontinence (“App Users”) are eligible to use the App or complete any medical assessments on the Website.

 

App Users must register to create an account (“Account”) on the App and become a registered user to access the Services. App Users must create a username and password, and provide their name, email address, and other information specified in the registration form (“Registration Data”). App Users can change or correct information in their Account by contacting HappySneeze at hello@happysneeze.com. You agree not to register for an Account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms. By registering another person, you represent that you are legally authorized to do so.

 

By registering for an Account and using the Platform or Services, you represent and warrant as follows:

 

1. You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law.

 

1. Your Registration Data is true, accurate, current, and complete.

 

1. You will update your Registration Data as needed to maintain its accuracy.

 

1. You are legally authorized to create an Account (either for yourself or another person).

 

1. You acknowledge and agree to the terms of the Privacy Policy.

 

1. You are legally authorized to view and share with us health data and other personal data.

 

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

 

HOW WILL HAPPYSNEEZE NOTIFY YOU OF CHANGES TO THESE TERMS?

 

With the exception of the Arbitration Agreement (see Dispute Resolution section) included near the end of these Terms, HappySneeze reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms to our Platform.

 

If you continue to use the Platform and Services after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Platform and Services and delete all files associated with the Platform and Services on your computer and/or mobile device.

 

WHO OWNS THE PLATFORM, SERVICES, AND PERSONAL DATA?

 

Platform and Services Ownership and Use.

 

HappySneeze owns the Platform and Services, including all content and functionality you access through the Platform and Services. Subject to your compliance with these Terms, HappySneeze grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Platform.

 

THE PLATFORM AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM AND SERVICES. You may not use the Platform and/or Services for any other purpose than what is allowed under these Terms without HappySneeze’s express written permission.

 

Intellectual Property Rights.

 

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models; (ii) copyrights and database rights; (iii) trademarks, trade names, domain names, and trade dress and the goodwill associated therewith; (iv) trade secrets; (v) mask works; and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

 

As between the parties, all right, title, and interest, including all Intellectual Property Rights, in the Platform and Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by HappySneeze or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by HappySneeze. Any use of the Platform or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

You may not use HappySneeze’s name, trademarks, service marks, or logos, or those of third parties appearing on the Platform or Services in any advertising or publicity or to otherwise indicate HappySneeze’s or such third party’s sponsorship or affiliation with any product or service without express written permission from HappySneeze or such third party.

 

Data Ownership and Use.

 

You own your personal data and any other information you submit on or through the Platform or Services (collectively, “User Information”). If you are entering someone else’s information into the Platform or Services, you represent and warrant that you have permission to do so. For HappySneeze to provide you with the Platform and Services, you grant to HappySneeze a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Platform and Services, subject to any restrictions in the Privacy Policy. You also agree to allow HappySneeze to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose, including for research purposes and to improve the Platform or Services.

 

WHAT ARE YOU NOT ALLOWED TO DO WITH THE PLATFORM AND SERVICES?

 

You may use the Platform and Services only for lawful purposes and in accordance with these Terms. In addition, HappySneeze imposes certain restrictions on your use of the Platform and Services. While using the Platform and Services, you shall not:

 

1. Provide false, misleading, or inaccurate information to HappySneeze or any other user.

 

1. Use the Platform or Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms.

 

1. Impersonate or attempt to impersonate HappySneeze, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

 

1. Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Platform or Services for any use, including, without limitation, use on third-party websites, without our consent.

 

1. Use the Platform or Services in any manner that could disable, overburden, damage, or impair the Platform or Services or interfere with any other party's use of the Platform or Services, including their ability to use the Platform or Services.

 

1. Access content or data not intended for you, or log onto a server or account that you are not authorized to access.

 

1. Violate 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 U.S. or other countries).

 

1. Attempt to probe, scan, or test the vulnerability of the Platform or Services or any associated system or network, or breach security or authentication measures without proper authorization.

 

1. Interfere or attempt to interfere with the use or functionality of the Platform or Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”

 

1. Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Platform or Services.

 

1. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

 

1. Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

 

1. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

1. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HappySneeze or any other third-party (including another user) to protect the Platform and Services.

 

1. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HappySneeze in providing the Platform or Services. Any violation of this section may subject you to civil and/or criminal liability.

 

1. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or Services, or which, as determined by HappySneeze, may harm us or users of the Platform or Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Platform or Services.

 

1. Encourage or enable any other individual to do any of the above.

 

HappySneeze is not obligated to monitor your use of the Platform or Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. HappySneeze reserves the right to suspend or terminate your use of the Platform and Services without notice to you if you partake in any of the prohibited uses described above.

 

HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?

 

The App and accompanying Services on the App are designed to require App Users to create a username and password to access and use the App and Services. Your username and password are, collectively, your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials; (ii) not allowing another person to use your User Credentials to access the Platform and Services; and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify HappySneeze in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your Account.

 

happysneeze WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. happysneeze is NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

 

You may be held liable for any losses incurred by HappySneeze and/or its affiliates, officers, directors, and representatives due to someone else’s use of your Account or User Credentials, regardless of whether you were aware of such use.

 

HOW DOES HAPPYSNEEZE PROTECT YOUR PRIVACY?

 

HappySneeze values your privacy and is committed to keeping your personal data confidential. Please see our Privacy Policy for an explanation of our privacy practices, the data we collect from you, how we use that data, and your rights regarding your data. By clicking “I Agree,” accessing or using the Platform or Services, or by downloading, viewing, or uploading any content through the Platform or Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.

 

By using the Platform and Services and accepting these Terms, you further acknowledge that HappySneeze may share your personal data with certain third parties, including your referring healthcare provider. We may share your information with third parties as described in the Privacy Policy and will seek your consent before doing so where required by law.

 

We are not responsible for nor liable to you or any third party for a third party’s treatment of personal data, including any collection, use, disclosure, storage, loss, theft, or misuse of personal data, whether or not such treatment violates applicable law.

 

Please be aware that our Privacy Policy does not address how healthcare providers with whom you share information collected, generated, or stored via the Platform or Services may further use and disclose your health information. Your provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. HappySneeze’s Privacy Policy does not apply to the collection, use, disclosure, or treatment of your personal data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge and agree that HappySneeze is neither responsible for nor liable to you or any third party for the treatment of your personal data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your personal data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.

 

EQUIPMENT, TECHNOLOGY, AND INTERNET ACCESS

 

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for you to access and use the Platform and Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and Services and for the transmission and receipt of information using such Systems. HappySneeze is not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

 

HAPPYSNEEZE COMMUNICATIONS AND MARKETING

 

We may send communications, including emails, to you regarding your Account and the Platform or Services. These communications are necessary to provide you with the Services. You can choose to filter any Account and Platform or Services emails using your email settings, but we do not provide an option for you to opt out of these communications.

 

We may send communications, including emails and newsletters to you using the personal information you provide on the Platform. If you consent to receive marketing or other communications not related to your Account or the Platform or Services, we will provide you with the option to opt out of such marketing communications within the applicable message.

 

THIRD-PARTY SITES

 

In the course of using the Platform and Services, you may be introduced to areas or features of the Platform or Services that allow you to access website that do not belong to and are not controlled by HappySneeze (collectively, “Third-Party Sites”). For example, HappySneeze may provide external links to Third-Party Sites for educational purposes. If you choose to access one of these Third-Party Sites, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

 

YOU AGREE THAT HAPPYSNEEZE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

 

Any reference in the Platform or Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

 

YOUR REPRESENTATIONS AND WARRANTIES

 

In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Platform and Services will be in accordance with these Terms and all applicable laws, regulations, rules, and HappySneeze policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH DATA) WITH US.

 

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

 

No Warranties.

 

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HAPPYSNEEZE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HAPPYSNEEZE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HAPPYSNEEZE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HAPPYSNEEZE OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES.

 

YOU UNDERSTAND THAT HAPPYSNEEZE DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS, NOR DOES HAPPYSNEEZE VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE PLATFORM OR SERVICES. HAPPYSNEEZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS.

 

HAPPYSNEEZE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. HAPPYSNEEZE CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.

 

Your Responsibility for Loss or Damage.

 

YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD HAPPYSNEEZE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

 

Limitation of Liability.

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM OR SERVICES REMAINS WITH YOU. NEITHER HAPPYSNEEZE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAPPYSNEEZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

 

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

 

YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM OR SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. HAPPYSNEEZE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PLATFORM OR SERVICES.

 

HAPPYSNEEZE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE PLATFORM OR SERVICES.

 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HAPPYSNEEZE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

 

INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HAPPYSNEEZE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM OR SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

PROVIDING FEEDBACK TO HAPPYSNEEZE

 

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Services (“Feedback”). You may submit Feedback by e-mailing HappySneeze at hello@happysneeze.com. You acknowledge and agree that if you submit any Feedback, you grant to HappySneeze a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

 

ACCOUNT TERMINATION

 

If you breach any of these Terms, HappySneeze may suspend or disable your Account or terminate your access to the Platform or Services without prior notice to you. There may be other instances where HappySneeze may need to terminate your access to the Platform and Services that are not related to any of your actions or inactions. HappySneeze reserves the right to terminate your access to and use of the Platform or Services and materials at any time, with or without cause.

 

If you wish to terminate your Account, please contact HappySneeze at hello@happysneeze.com, immediately discontinue your use of the Platform and Services, and delete all files associated with the Platform and Services from your computer or mobile device.

 

DISPUTE RESOLUTION

 

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

 

You agree that any dispute between you and HappySneeze arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. HappySneeze wants to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and HappySneeze.

 

Informal Dispute Resolution.

 

Before filing a claim against HappySneeze, you agree to try to resolve the dispute informally by contacting HappySneeze at hello@happysneeze.com. Most user concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.

 

Arbitration Agreement.

 

In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association (“AAA”).

 

Arbitration Rules.

 

The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution section.

 

Arbitration Process.

 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure

 

Unless you and HappySneeze otherwise agree, the arbitration will be conducted in the State of Delaware. If, for some reason, the Parties are unable to arbitrate in the State of Delaware, they will arbitrate in the State of California. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and HappySneeze submit to the arbitrator, unless a party requests a hearing, or the arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

 

Arbitrator’s Decision.

 

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator may decide if attorneys’ fees and other costs should be awarded to either party.

 

Fees.

 

You and HappySneeze shall each pay fifty percent (50%) of all arbitrator costs, expenses, and fees incurred in connection with arbitrating under these Terms.

 

Exceptions to Agreement to Arbitrate.

 

HappySneeze may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform and Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

 

YOU MAY ONLY RESOLVE DISPUTES WITH HAPPYSNEEZE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

 

Opt Out of Alternative Dispute Resolution Process.

 

Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting hello@happysneeze.com within thirty (30) days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

 

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

 

If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms, unless otherwise agreed to in writing by you and HappySneeze. If any state or federal court sitting in the State of Delaware determines it does not have proper jurisdiction over the case, you alternatively submit to the exclusive jurisdiction of any state or federal court sitting in the State of California. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

 

GENERAL CONTRACT TERMS

 

Entire Agreement.

 

These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between HappySneeze and you regarding the Platform and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between HappySneeze and you regarding the Platform and Services.

 

Governing Law.

 

These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.

 

Assignment.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without HappySneeze’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HappySneeze may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Notices.

 

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by HappySneeze via email (in each case to the email address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from HappySneeze electronically satisfies any legal requirement that such notice be in writing.

 

YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH HAPPYSNEEZE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE OR POSTING ON THE WEBSITE.

 

You shall give any notice to HappySneeze by email to hello@happysneeze.com. Notice to HappySneeze shall be effective upon receipt of notice by HappySneeze.

 

No Inadvertent Waiver.

 

The failure of HappySneeze to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HappySneeze.

 

Severability.

 

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

 

Remedies.

 

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

 

Contacting HappySneeze.

 

Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at hello@happysneeze.com, or at our mailing address:

 

HappySneeze

3530 Ethan Allen Ave.

San Diego, California 92117

 

You may also contact us by phone at: +1 (619) 961-9722.

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