GotMyHappy.com Website Terms and Conditions of UseOwnership:
The website GotMyHappy.com (the "Website") is owned and operated by Got My Happy, Inc., an Illinois corporation ("Owner").
Terms and Conditions:
This page tells you the terms and conditions (the "T & C") governing your use the Website as a guest. You must read these T & C carefully before you use the Website. Your use of any part of the Website constitutes your acceptance of these T & C. If you do not agree with these T & C, you should cease using the Website immediately.
Right to Change:
We reserve the right to change these T & C at any time without notice to you by posting changes online. You acknowledge and agree that it is your responsibility to review these T & C from time to time and to familiarize yourself with any modifications. Your continued use of the Website after changes are posted constitutes your acceptance of the amended T & C.
Persons over 18:
The Website is intended for persons over the age of 18 only. If you are under the age of 18, then before your use the Website, you must get consent from your parent or guardian. In order to purchase any product, you must be over the age of 18. If you are under the age of 18, and you do not have the consent of your parent or guardian to use the Website, then your use is expressly prohibited.
Use in Other Countries:
This Website complies with applicable United State law. If you are accessing the Website from outside the United States, you do so at your own risk. We make no representation that the Website and its content are suitable for use outside of the United States. If you access or use the Website from or in locations outside the United States you are responsible to ensure your access and use is legal. Owner is not responsible if your access or use is in violation of the laws of your jurisdiction or any other laws outside of the United States.
Misuse of Website:
You shall not in any way use the Website for anything that: 1) in any respect is in breach of any law, statue, ordinance, or regulation, of any jurisdiction; 2) is considered fraudulent, offensive or harmful; 3) may infringe or breach the copyright or any intellectual property rights including, but not limited to, trademark rights of Owner or any third party; or, 4) involves your use, delivery, or transmission of any viruses that are intended to damage or detrimentally interfere with this Website, any system, data, or personal information, the hardware of any other users of the Website. You may not use any automated means (such as scripts) to access the Website or collect any information from the Website.
ALL MATERIALS AND PRODUCTS ON AND/OR OFFERED BY OR THROUGH THIS WEBSITE, INCLUDING COMMENTARY, BLOG POSTS, AND ITEMS OFFERED FOR SALE ON THIS WEBSITE (REFERRED TO COLLECTIVELY AS "MATERIALS AND PRODUCTS"), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING WE MAKE NO WARRANTY THAT: 1) THE MATERIALS AND PRODUCTS WILL MEET YOUR REQUIREMENTS; 2) THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS AND PRODUCTS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; 4) THE QUALITY OF ANY MATERIALS AND PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS; OR 5) THAT THE WEBSITE WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE YOU MAY USE. THE USE OR DOWNLOADING OF THE MATERIALS AND PRODUCTS OR OTHER ACQUISITION OF ANY MATERIALS AND PRODUCTS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY TO ANY PERSON, DAMAGE TO ANYONE'S PROPERTY, OR DAMAGE TO THE COMPUTER SYSTEM USED TO ACCESS THIS WEBSITE, OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO AND USE OF THIS WEBSITE OR USE OR RELIANCE UPON ANY OF THE MATERIALS AND PRODUCTS. IN ADDITION, OWNER SHALL NOT BE LIABLE FOR THE ACTIONS AND REPRESENTATIONS OF THIRD PARTIES.YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE WEBSITE AND THE MATERIALS AND PRODUCTS ON THE WEBSITE, AND FOR CONCLUSIONS DRAWN FROM SUCH USE.
NO CONSEQUENTIAL DAMAGES:
IN NO EVENT SHALL OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, OR YOU USE OR RELIANCE ON ANY OF THE MATERIALS AND PRODUCTS. FURTHER, OWNER SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity, Hold Harmless and Defend:
Upon a request by Owner, you agree to defend, indemnify, and hold Owner harmless from all liabilities, claims, and expenses, including for attorney's fees, arising from or relating to your use or misuse of this Website or any Materials and Products. Owner reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
Not Responsible for Errors:
This Website could include technical or other mistakes, inaccuracies, or typographical errors. Owner may make changes to the Materials and Products, including the prices and descriptions of any Products listed herein at any time without notice. At any time without notice, the Materials and Products provided by or through Website may be out of date. Owner has no responsibility and makes no commitment to update such Materials and Products.
Interruption in Service:
Owner may occasionally need to carry out repairs, maintenance, or introduce new facilities and functions. Accordingly, access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
Intellectual Property Rights:
GotMyHappy is a trademark of Owner, and its use by you for any reason is expressly prohibited. Owner also owns of all intellectual property rights and Material published on the Website. By accepting these T & C, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is the sole property of Owner. You are only permitted to use the content as expressly authorized by Owner. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Material from this Website in any form or by any means without prior written permission from Owner, and you are solely responsible for obtaining permission before reusing any copyrighted Material that is available on this Website. Any unauthorized use of the Materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Applicable Law and Jurisdiction:
These T & C and your use of the Website shall be governed by and construed in accordance with the laws of the United States the state of Illinois. You submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Illinois with respect to any claims arising out or related to these T & C or your use of the Website.
MATERIALS AND PRODUCTS PUBLISHED OR FOR SALE ON THE WEBSITE ARE NOT INTENDED AS ADVICE ON WHICH RELIANCE SHOULD BE PLACED. THEY ARE INTENDED TO BE MOTIVATIONAL AND INSPIRATIONAL ONLY. OWNER THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS AND PRODUCTS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THEIR CONTENTS. YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE WEBSITE AND MATERIALS AND PRODUCTS PUBLISHED OR FOR SALE ON THE WEBSITE AND FOR CONCLUSIONS DRAWN FROM SUCH USE, AS DOES ANYONE WHO MAY BE INFORMED OF ANY OF THEIR CONTENTS. THE INFORMATION ON THE WEBSITE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM A HEALTHCARE OR OTHER PROFESSIONAL, AND SHOULD NOT BE USED OR RELIED ON AS SUCH. IF YOU ARE IN NEED OF SUCH ADVISE OR OTHER ASSISTANCE, THEN SEEK THE ADVISE AND ASSISTANCE OF A MEDICAL OR OTHER PROFESSIONAL.
Headings. The headings herein are inserted as a matter of convenience only, and do not define, limit, or describe the scope of these T & C or the intent of the provisions hereof, are not to be considered in construing these T & C, and where inconsistent with the text, are to be disregarded.
Attorney Fees. In any action or suit by Owner against you related to your use of this Website for the enforcement of these T & C, Owner shall be entitled to recover from you all of Owner's costs and expenses incurred or sustained in connection with such action or suit, including without limitation attorney fees and expenses.