Website Terms of Service Policy

UPDATED:  Nov 2024

Happy Hygienics Website Terms of Service

These Terms of Service (“Terms”) apply to your access to and use of the website and other online

products and services (collectively, our “Services”) provided by Happy Hygienics Consulting, LLC (“Happy

Hygienics” or “we” or “us”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN

SECTION 17. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE

ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17.

By accessing or using our Services, you agree to be bound by these Terms and all terms incorporated by

reference. If you do not agree to these Terms in their entirety, do not use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with

notice of such changes, such as by sending an email, providing a notice through our Services or updating

the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be

effective immediately, and your continued use of our Services after we provide such notice will confirm

your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our

Services.

If you have any questions about these Terms or our Services, please contact us at Info@HHC-

Culture.com.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please

see our Privacy Policy.

2. Eligibility

If you are under 18 years of age (or the age of legal majority where you live), you may use our Services

only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Additionally, if you are under 13 years of age, you may use our Services only with the verified consent of

your parent or legal guardian, as required by the Children’s Online Privacy Protection Act (“COPPA”). If

you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree

to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our

Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will

include that person or entity, (b) you represent that you are authorized to accept these Terms on that

person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the

person or entity agrees to be responsible to us.

3. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an

account, you must provide accurate account information and promptly update this information if it

changes. You also must maintain the security of your account and promptly notify us if you discover or

suspect that someone has accessed your account without your permission. If you permit others to use

your account credentials, you are responsible for the activities of such users that occur in connection

with your account. We reserve the right to reclaim usernames, including on behalf of businesses or

individuals that hold legal claim, including trademark rights, in those usernames.

4. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right, or other third-party right or

commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you

will not:

 Use or attempt to use another user’s account without authorization from that user and us;

 Sell, resell, or commercially use our Services;

 Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services,

except as expressly permitted by us or our licensors;

 Modify our Services, remove any proprietary rights notices or markings, or otherwise make any

derivative works based upon our Services;

 Use our Services other than for their intended purpose and in any manner that could interfere

with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that

could damage, disable, overburden, or impair the functioning of our Services in any manner;

 Reverse engineer any aspect of our Services or do anything that might discover source code or

bypass or circumvent measures employed to prevent or limit access to any part of our Services;

 Attempt to circumvent any content-filtering techniques we employ or attempt to access any

feature or area of our Services that you are not authorized to access;

 Use any data mining, robots or similar data gathering or extraction methods designed to scrape

or extract data from our Services;

 Develop or use any applications that interact with our Services without our prior written

consent;

 Bypass or ignore instructions contained in our robots.txt file; or

 Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote

any activity that violates these Terms.

Enforcement of this Section 4 is solely at our discretion, and failure to enforce this section in some

instances does not constitute a waiver of our right to enforce it in other instances. In addition, this

Section 4 does not create any private right of action on the part of any third party or any reasonable

expectation that the Services will not contain any content that is prohibited by such rules.

5. Paid Memberships

Access to certain content and features of the Services requires a paid membership (“ Paid

Membership”). Upon registration for a Paid Membership, you agree to pay Happy Hygienics the

applicable membership fees at the prices then in effect, and you authorize Happy Hygienics to charge

the chosen payment method you provide during the registration process in connection therewith.

Happy Hygienics may, from time to time, amend its Paid Membership fees in its sole discretion. We also

reserve the right to correct any payment errors even if we have already requested and/or received

payment. Happy Hygienics may use a third-party payment processing service (“Payment Processor”) to

process credit card payments and information in connection with the payment of Paid Membership fees

and any other amounts payable in connection with the Services. Happy Hygienics hereby expressly

disclaims, and you hereby expressly release Happy Hygienics and its affiliates from, any and all liability

whatsoever for any controversies, claims, suits, injuries, loss, harm, and/or damages arising from or in

any way related to Happy Hygienics’s use of Payment Processors, including without limitation for any

damage that may result should any such information be released to any third parties. The processing of

payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in

addition to these Terms. More information is available in our Privacy Policy.

6. Refunds

All refunds are subject to our refund policy, as may be amended from time to time by Happy Hygienics

(“Refund Policy”). Upon determining that you are entitled to a refund pursuant to the Refund Policy,

Happy Hygienics will promptly issue an instruction to the Payment Processor to issue the refund. Happy

Hygienics does not control the Payment Processor and will not be able to expedite any refunds. You

acknowledge and agree that receiving a refund of any purchase through these Terms shall immediately

terminate any and all licenses granted to you to use the material provided to you under these Terms or

any other agreement.

7. Automatic Renewal; Cancellation

Paid Membership may be automatically extended for successive renewal periods of the same duration

as the Paid Membership term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP

FOR A PAID MEMBERSHIP THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF

SUCH PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND

UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY EMAILING US AT INFO@HHC-

CULTURE.COM OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you

authorize Happy Hygienics to charge your selected payment method the then-current, applicable fee in

accordance with the Paid Membership you selected. Upon cancellation, you will still have access to the

Paid Membership benefits until the end of the then-current Paid Membership term, and the Paid

Membership will not be renewed after that term expires. You will not be eligible for a refund of any

portion of the Paid Membership fees for the then-current Paid Membership period, except as expressly

provided in the preceding Section 6. Happy Hygienics is not responsible for and will not reimburse any

fees incurred by you from your bank or other financial institution, including without limitation overdraft

charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a

result of charges billed by Happy Hygienics.

8. Ownership; Limited License

Our Services, including the text, graphics, images, sound recordings, photographs, videos, illustrations,

and other content contained therein, are owned by us or our licensors and are protected under both

United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services

are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby

granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use

our Services for your own personal, noncommercial use. Any use of our Services other than as

specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will

terminate this license, and violate our intellectual property rights.

9. Trademarks

Our logos, our product or service names, our slogans, and the look and feel of our Services are our

trademarks and may not be copied, imitated or used, in whole or in part, without our prior written

permission. All other trademarks, registered trademarks, product names, and company names or logos

mentioned on our Services are the property of their respective owners. Reference to any products,

services, processes, or other information by trade name, trademark, manufacturer, supplier or

otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

10. Feedback

You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or

creative materials or other information about us or our Services (collectively, “Feedback”). You

understand that we may use such Feedback for any purpose, commercial or otherwise, without

acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or

improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights

of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.

11. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow

third parties to make their content and information available on or through our Services (collectively,

“Third-Party Content”). We provide Third-Party Content as a service to those interested in such content.

Your dealings or correspondence with third parties and your use of or interaction with any Third-Party

Content are solely between you and the third party. We do not control or endorse, and makes no

representations or warranties regarding, any Third-Party Content, and your access to and use of such

Third-Party Content is at your own risk.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and

our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and

employees (individually and collectively, the “Happy Hygienics Parties”) from and against any losses,

liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your

access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation,

misappropriation or infringement of any rights of another (including intellectual property rights or

privacy rights); or (e) your conduct in connection with our Services. You agree to cooperate with Happy

Hygienics Parties in defending such Claims and pay all fees, costs, and expenses associated with

defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Happy

Hygienics Parties will have control of the defense or settlement, at our sole option, of any third-party

Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written

agreement between you and us or the other Happy Hygienics Parties.

13. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our

Services and any content therein are provided ”as is” and ”as available” without warranties of any

kind, either express or implied, including, but not limited to, implied warranties of merchantability,

fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that our

Services are accurate, complete, reliable, current, or error-free. While we attempt to make your use of

our Services and any content therein safe, we cannot and do not represent or warrant that our

Services or servers are free of viruses or other harmful components. You assume the entire risk as to

the quality and performance of our Services.

Our Services and any content therein are for educational and informational purposes only, and are

not intended as, and shall not be understood or construed as, medical, health, or any other

professional advice. Happy Hygienics provides our Services with the aim to help you succeed in

improving your personal hygiene. You nevertheless recognize that your ultimate success or failure will

be the result of your own efforts, particular situation, and innumerable other circumstances beyond

Happy Hygienics’s knowledge or control. From time to time, Happy Hygienics may refer to various

brands of personal hygiene products. Any such reference is not intended as an endorsement of a

particular brand. It is always your responsibility to conduct your own investigation and make your

own determination about a product we may reference.

14. Limitation of Liability

To the fullest extent permitted by applicable law, we and the other Happy Hygienics Parties will not

be liable to you under any theory of liability—whether based in contract, tort, negligence, strict

liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or

special damages or lost profits, even if we or the other Happy Hygienics Parties have been advised of

the possibility of such damages.

The total liability of us and the other Happy Hygienics Parties for any claim arising out of or relating to

these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you

to use our Services.

The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence,

fraud, or intentional misconduct of us or the other Happy Hygienics Parties or for any other matters in

which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do

not allow the exclusion or limitation of incidental or consequential damages, so the above limitations

or exclusions may not apply to you.

15. General Release

To the fullest extent permitted by applicable law, you release us and the other Happy Hygienics Parties

from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind

and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or

related to disputes between users and the acts or omissions of third parties.

16. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information

about you in the United States and other countries, where you may not have the same rights and

protections as you do under local law.

17. Dispute Resolution; Binding Arbitration

You and Happy Hygienics agree that any claim, dispute, or controversy arising out of or relating to these

Terms or our Services which cannot be satisfactorily settled by you and Happy Hygienics within 60 days

will be finally and exclusively settled by binding arbitration (“Arbitration”) upon your or Happy

Hygienics’s written request. The Arbitration will be conducted in accordance with the JAMS International

Arbitration Rules (the “Rules”). The Arbitration will be conducted by one arbitrator selected in

accordance with the Rules. Unless you and Happy Hygienics agree upon an arbitrator, either you or

Happy Hygienics may request a nomination from JAMS. The seat of the Arbitration will be San Diego

County, California. The Arbitration will be conducted in English. The Arbitration award will be final and

binding upon you and Happy Hygienics, and judgment upon such award may be entered in any court

having jurisdiction thereof. The arbitrator’s award may include compensatory damages against either

you or Happy Hygienics but under no circumstances will the arbitrator be authorized to nor will the

arbitrator award punitive damages against either you or Happy Hygienics.

Any claim arising out of or related to these Terms or our Services must be filed within one year after

such claim arose; otherwise, the claim is permanently barred, which means that you and Happy

Hygienics will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the

terms of this Section 17 by sending an email to Info@HHC-Culture.com. In order to be effective, the

opt-out notice must include your full name and address and clearly indicate your intent to opt out of

binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in

accordance with Section 18 below.

18. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and interpreted

in accordance with the law of the State of California, without reference to conflicts of law principles. Any

dispute between the parties that is not subject to the preceding Section 17 or that cannot be heard in

small claims court will be resolved in the state or federal courts of California and the United States,

respectively, sitting in San Diego County, San Diego.

19. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our

Services at any time. You also have the right to stop using our Services at any time. We are not

responsible for any loss or harm related to your inability to access or use our Services.

20. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision

or part of the provision is deemed severable from these Terms and does not affect the validity and

enforceability of any remaining provisions.

21. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of

our Services. Notwithstanding any other provisions of these Terms, Sections 1, 3, 6, 8 (except for the

license and rights granted), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Error: Reference source not found,

and this 21 survive any expiration or termination of these terms. Our failure to exercise or enforce any

right or provision of these Terms will not operate as a waiver of such right or provision. The section titles

in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise

provided herein, these Terms are intended solely for the benefit of the parties and are not intended to

confer third-party beneficiary rights upon any other person or entity. You agree that communications

and transactions between us may be conducted electronically. These Terms may not be transferred,

assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and

any attempted transfer, assignment, or delegation without such consent will be void and without effect.

We may freely transfer, assign, or delegate these Terms or our Services, in whole or in part, without

your prior written consent.

CONTACT US

If you have any questions about this Website Terms of Service Policy, or our use of Personal Information, please contact us at:

 

Name : Happy Hygienics Consulting, LLC Support Team

Address : 1401 21st ST, STE R Sacramento, CA 95811

Phone number: (619) 383-4389

Email : info@happyhygienicsconsultingllc.com

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.