These General Terms and Conditions of Use ("Terms") are entered into by and between you and myhappyvillage.com ('Happy Village'). In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, you and Happy Village hereby agree as follows: Your access to and use of the Happy Village site is subject to these Terms, as well as any modifications issued by Happy Village to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Happy Village site.
Among other things, Happy Village provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Happy Village in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Happy Village website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
Happy Village shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Happy Village website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Happy Village website. You agree that you shall be deemed to be apprised of and bound by any modification by Happy Village to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.
These Terms are effective until terminated by Happy Village. Happy Village may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Happy Village and the restrictions imposed on you with respect to the Content (as defined in Section 5 below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Happy Village shall also have the right without notice and at any time to terminate the Happy Village website or any portion thereof, or any products or services offered through the Happy Village website, or to terminate any individual's right to access or use the Happy Village website or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Happy Village website and your purchase of the items from Happy Village on the Happy Village website.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Happy Village website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Happy Village may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Happy Village in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Happy Village or licensed by third parties. You may view and use the Content only for your personal information and for shopping and ordering on the Happy Village website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Happy Village does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Happy Village, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Happy Village, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Happy Village vendors, do not constitute sponsorship, endorsement, or approval by Happy Village of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Happy Village, and Happy Village is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Disclaimer and Limitation of Liability as to this Site and Content
Happy Village MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Happy Village WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Happy Village ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Happy Village WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Happy Village OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Happy Village WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Happy Village, ITS PARENT, SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Happy Village OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Happy Village IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your purchase from the Happy Village website. If for any reason you are not entirely pleased with a product you purchased on the Happy Village website, simply return the item within 5 days of receipt for exchange or credit. After 5 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer
You agree to defend, indemnify, and hold harmless Happy Village, its parent, subsidiaries & affiliates Happy Village¡¯s vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Happy Village. The foregoing indemnification obligation shall survive termination of these Terms and Happy Village and any product or service provided to you arising out of or relating to your use of Ron Happy Village.
10. Law and Forum
These Terms are governed by the laws of the State of except for its choice of law provisions. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of their respective owners, including Happy Village and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Happy Village or such third party owner.
12. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Happy Village may have at law or in equity, if Happy Village reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Happy Village may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Happy Village will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Happy Village to disclose the identity of anyone posting such materials.
13. User Information