Terms & Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE OF HAPPY HEALTHY LLC AND ALL OF ITS SUBSIDIARIES, SUCCESSORS IN INTEREST AND ASSIGNS (COLLECTIVELY, “Happy Healthy”, “US”, “WE”) BEFORE USING: www.happyhealthyco.com (hereinafter, the “Site”), all related websites, products, services and related mobile applications (the “Happy Healthy Services”), as well as all related websites, blogs, Facebook and other social media or interactive pages, products, services and mobile applications. In order to enjoy all the benefits of the Site, you must register and become a member. However, yYou may also visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.
You agree that by using this Site and registering for membership, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence and visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Happy Healthy. You may not use any meta tags or any other “hidden text” utilizing Happy Healthy's name or trademarks without the express written consent of Happy Healthy. Any unauthorized use terminates the permission or license granted by Happy Healthy.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. Further, you agree that you will not use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the function of the Site in any manner. We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.
Happy Healthy includes standard shipping with all orders. Happy Healthy ships all products to the contiguous 48 states. Happy Healthy does not ship to PO Boxes. All orders must be a valid street address. If a customer places an order using a PO box, these shipments will be held at our warehouse and not delivered. The customer is responsible to contacting firstname.lastname@example.org for a change of address or refund.
Free Smoothies for a Year
Selected winners receive one shipment of 12 smoothies for 12 months. Winners selected at random. Winners receive 12 promo codes to be applied to each shipment each month. Limit one per customer per family.
By signing up to our waitlist, you are automatically added to our email newsletter list. You may receive email notifications about our online launch date of January 1, 2019, in addition to promos and news about Happy Healthy. Your email is kept private and never shared with 3rd parties. Once added to the waitlist, you will receive a personal share link that can be shared with friends and family. You receive points for each person you share this with that also signs up to the waitlist. Prizes will be given in the form of promo codes for the top 3 people with the most points.
For signing up to the waitlist, you will also receive a promo code for 50% off your first order when we launch online. This code will be emailed Feb 25, 2019. This code can only be used online and one per customer.
Registration and Membership
To register and become a member of our Site, complete the registration form by providing information such as your valid email address and creating a password to register your profile. You may also login or create an account using Facebook. If at any time you no longer want to access the Site via Facebook, please go to your Facebook permissions in your personal profile and edit your preferences. Facebook is considered a third party site per the definition outlined in this agreement.
Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and Happy Healthy has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
To cancel your Bundle subscription, you can do so online at any time in your account settings or call Happy Healthy Support at +1(866)986-4841 Monday - Friday 5AM - 5PM (Pacific).
As a registered member of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at email@example.com indicating that you would like to unsubscribe from marketing emails.
If you are unhappy with your order for any reason, please contact us at firstname.lastname@example.org within seven days of the date you received the order and we will either replace the product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. A return may be arranged as well as a request for photographic documentation before we provide you a replacement, credit or refund.
Subscription Process on the Happy Healthy Services
You may purchase a Bundle offered by Happy Healthy, subject to the terms below
Billing and Payments
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we allow you to edit or modify your bank or credit card information. We never store payment information on our servers.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
We do not accept returns or exchanges at this time, unless your order wasn't fulfilled correctly.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HAPPY HEALTHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAPPY HEALTHY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAPPY HEALTHY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
HAPPY HEALTHY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF HAPPY HEALTHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of Happy Healthy and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Happy Healthy. © 2019. Happy Healthy. All rights reserved.
The Happy Healthy word mark, the Happy Healthy logo and any other All trademarks, service marks, and trade names, logos or slogans that may appear on the Site or the Happy Healthy Services of Happy Healthy on the Site are trademarks or registered trademarks of Happy Healthy or their respective owners and may not be copied, imitated or used, in whole or in part, without our prior written permission. Our trademarks may not be used in any manner for any purpose without our express written consent. You may not use any meta-data or other “hidden text” utilizing the Happy Healthy word mark or any other name, trademark, service mark, trade name, logo or slogan of Happy Healthy without our prior written consent. Further, the look and feel of the Site and the Happy Healthy Services, including all page headers, custom graphics, button icons and script files, constitute our trademark, service mark or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names, company names or logos that may appear on the Site or the Happy Healthy Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Happy Healthy.
[Third Party Content]
You agree to indemnify, defend and hold harmless Happy Healthy, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.
Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have has separate privacy and data collection practices independent of Happy Healthy. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Happy Healthy's professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects. All unsolicited submissions made by you shall be the sole property of Happy Healthy and will not be acknowledged or returned.
From time to time, we may solicit creative ideas, suggestions or materials from users of our Site. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.
Submissions may also be provided in the form of opinions and views posted to chat rooms, blogs, bulletin boards, or discussion forums by persons who use (“User”) the Site (“shared submission”, together with unsolicited submission and requested submission, “submissions”). You are responsible for all submissions you provide to the Site, and you represent that you have all necessary permission to submit, post and otherwise make available such submissions. Happy Healthy makes no claims to ownership of shared submissions and you shall continue to retain all ownership rights in your shared submissions and the right to use your shared submissions as you see fit.
OTHER RIGHTS AND GUIDELINES REGARDING YOUR SUBMISSIONS
You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.
You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.
You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.
You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
While Happy Healthy strives to keep our content accurate, complete, and up-to-date, we cannot and do not guarantee or endorse, and are not responsible for, the accuracy, completeness, reliability or timeliness of any content, whether provided by Happy Healthy or by Users. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Happy Healthy. Happy Healthy does not have any obligation to prescreen, edit, or remove any submissions provided by Users that are posted on or available through the Site.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY
Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
If any current or future provision of these Terms of Service is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.
Happy Healthy is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our Happy Healthy Support services at +1(866)986-4841. However, if you are dissatisfied with our customer service's resolution of your matter, these Terms of Service provide that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement for U.S. disputes, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.
Arbitration Agreement: United States Only
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
- Claims that arose before these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- Claims that may arise after termination of these Terms of Service.
For the purposes of this Arbitration Agreement, references to “Happy Healthy”, “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by accessing and using this Site, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Happy Healthy should be addressed to: Notice of Dispute, Happy Healthy, 520 Broadway, 2nd Floor, Santa Monica, CA 90401 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or Happy Healthy may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by Happy Healthy or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Happy Healthy is entitled.
(c) After Happy Healthy receives a Notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Happy Healthy will pay it directly after receiving a written request to do so at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms of Service. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. You and we agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Happy Healthy. You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
Except as otherwise provided for herein, we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Happy Healthy's last written settlement offer made before an arbitrator was selected, then we will:
- pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
pay your attorney, if any, the amount of reasonable attorneys' fees, and reimburse any expenses (including reasonable expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration (the "attorneys' fees").
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and reasonable attorneys' fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses and the alternative payment and the attorneys' fees at any time during the proceeding and upon request from either party made within fourteen days of the arbitrator's ruling on the merits.
(e) The right to attorneys' fees and expenses discussed in paragraph (d) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although we may have a right to recover attorneys' fees and expenses in certain jurisdictions if we prevail in an arbitration, we will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
Arbitration Agreement: Canada
In Canada, if a dispute is not resolved through our Happy Healthy Support Services, the parties involved in the dispute may agree to resolve the dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.
Inviting friends and earning referral credit on the Happy Healthy Services
When you invite friends to register for an account at Happy Healthy.com, you will receive a $10 USD referral credit (a “Referral Credit”) for each friend or family member who makes a qualified first purchase. Your friend or family member must be a new member of Happy Health and live in a different household.
You will only receive a Referral Credit for your friend or family member's first qualified purchase if the purchase was a result of an invite from you via an authorized referral method. If your friend or family member does not click on the personal referral link in their invite email or other invite mechanism to accept your invitation, you may not receive a Referral Credit and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.
A qualified purchase is considered a Happy Healthy Shop purchase (a la carte purchase) or a subscription Bundle order, excluding purchases of Happy Healthy gift cards or gift bundles. There is no limit to the amount of Referral Credits you can earn and Referral Credits will accrue with every eligible friend or family member you refer. You can track your Referral Credits by my account.
If two people refer the same friend or family member, the member who sent the link that is used to create the new member's account will be considered the referring member, regardless of which link was sent to the new member first. There is a limit of one Referral Credit per new email address that is registered on Happy Healthy.com.
Spending Referral Credit on the Happy Healthy Services
Referral Credits are valid for 12 months from issuance. Your Referral Credits are automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first).
You can check the amount of Referral Credits you have earned and their associated expiration dates at any time by visiting the Invites section in My Account.
Prohibitions and Cancellation
Referral Credits are issued to a single thehappyhealthyco.com account holder at our discretion and cannot be transferred between accounts or between users. Credits cannot be bartered, exchanged or sold.
Referral Credits are a promotional offer and are not a payment instruments. Referral Credits are issued without any exchange of money or value from you and you have no vested property right or interest in them.
Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of $10 if they are used in connection with an eligible purchase on our Site.
We reserve the right to limit or cancel your Referral Credits in our sole discretion if we determine that you have violated these Terms of Service, including through fraudulent or misleading referral activity (for example, by inviting fake people or individuals with whom you do not have a personal or family relationship to join Happy Healthy, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
Changes to Referral Credit Terms
We reserve the right in our sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include, without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.
Gift card terms & conditions for the Happy Healthy Services
Gift cards are not available a this time. when they do become available, the following restrictions will apply:
Gift cards are available in any denomination between $10.00-$500.00 USD. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.
To make a purchase with a Happy Healthy gift card, the gift card holder must register an account with Happy Healthy and must visit www.Happy Healthy.com to redeem the gift card toward the purchase of eligible products from Happy Healthy. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a bank and credit card.
Your Happy Healthy gift cards have no expiration date.
Gift cards cannot be used to purchase other Happy Healthy gift cards or gift bundles and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, unless otherwise required by law.
Gift card purchases cannot be refunded. Purchases of items from Happy Healthy.com can be returned pursuant to our return policies set forth in this policy and elsewhere.
Risk of Loss
We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.
Happy Healthy reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Happy Healthy.com website or mobile application.
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
HAPPY HEALTHY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
For questions about Happy Healthy gift cards, please contact Happy Healthy Support at +1 (866) 986-4841 Monday - Friday 5AM - 5PM (Pacific).