TERMS AND CONDITIONS
Welcome to HAPPYTOUCH.CA, our mobile device software application HAPPY TOUCH HEALING, INC. The software, website (HAPPYTOUCH.CA) and any other web services or applications owned controlled or offered by HAPPYTOUCH.CA.
The HAPPY TOUCH APP and the HAPPYTOUCH.CA Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services including but not limited to the mobile device applications and all other elements of the HAPPY TOUCH APP and HAPPYTOUCH.CA (collectively, the “Materials”) are protected by Canada Copyright, and trademark laws, international laws and Conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the HAPPY TOUCH APP are the property of HAPPY TOUCH HEALING, INC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the HAPPY TOUCH HEALING APP are proprietary to HAPPY TOUCH HEALING, INC except as expressly authorized by HAPPY TOUCH HEALING, INC under this agreement, you agree to not sell license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE HAPPY TOUCH APPLICATION OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE HAPPY TOUCH APPLICATION OR ANY SERVICES PROVIDED BY US.
This USER Agreement (the “Agreement”) and the policies referred to herein contain the complete terms and conditions that apply to your use of the personal training scheduling services (the “Services”) being offered on the HAPPY TOUCH APP and all affiliated web sites and applications owned and operated solely by HAPPY TOUCH HEALING, INC, and associated website, “HAPPYTOUCH.CA “). As used in this Agreement, ” the HAPPYTOUCH.CA” refers to “USERS” or “you” refers to you, either as a Practitioner, or a Client.
HAPPYTOUCH.CA may modify this Agreement’s terms and conditions at any time without notice. Continued use of the Services and the HAPPY TOUCH APP after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. WHAT WE DO
The HAPPY TOUCH APP provides a platform for two USER purposes. 1) for assisting USER in scheduling and purchasing personal training sessions with participating third party Practitioner based on specific search criteria, 2) providing a platform for personal Practitioners to publicly promote themselves to prospective clients within the App. Users, can directly make online request using the HAPPY TOUCH APP to directly contacts the Practitioner. The availability of sessions is determined at the time of USER’s query. Once a session is made by USER, and accepted by the Practitioner, the HAPPY TOUCH APP will provide confirmation of the session to USER via in App notification . By using the Services, USER agrees to receive session confirmations by in app notification after booking a session through the HAPPY TOUCH APP.
2. NO SHOW POLICY
The HAPPY TOUCH APP is committed to providing access to Practitioners’ services to its USERS and allow Practitioners to self promote with in the app. To assist us in maintaining a consistently high level of service with the participating Practitioners, USERS are asked to cancel or reschedule any session that they will be unable to honor at least 24 hours in advance of the start time of the original session in order to not be billed for the full value of your original session. Sessions will be billed the at the start of the agreed upon session time. If you are unable to keep your session and you failed to cancel, you will forfeit the full value of your session and no credit will be given. The HAPPYTOUCH.CA is not responsible in any way for appointments missed by Clients or Practitioners. Practitioners are responsible for ensuring their attendance for confirmed sessions. Any dispute arising between Clients and Practitioners are between the two parties and not the responsibility of HAPPYTOUCH.CA. Ratings are publicly posted by clients in the HAPPY TOUCH APP, and Practitioners that fail to meet expectations may be rated accordingly by USERS.
4. DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the HAPPY TOUCH APP must also be in accordance with the usage rules established by your mobile device platform or service provider.
5. REGISTRATION DATA; ELIGIBILITY
To access certain areas and features of the Services, you may be required to register within the HAPPY TOUCH APP. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Services (the “Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to the HAPPY TOUCH APP, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to the HAPPY TOUCH APP.
The HAPPY TOUCH APP is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Services. You may not use the Services if you are under 18 years of age (or the age of majority in your jurisdiction).
6. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES.
Practitioner USERS may use the HAPPY TOUCH APP for posting a profile for the purpose of self promoting. By accepting a requested session, it is the Practitioners’ sole responsibility to be at the designated time and place ready to meet and work with that client. It is also the Practitioners’ responsibility to ensure the client is in an appropriate and safe environment. The HAPPYTOUCH.CA has no affiliation with any specific health centres, and it is the Practitioners responsibility to make necessary arrangements with centres ahead of time to bring in clients.
1. At any time for any reason, HAPPYTOUCH.CA can request that you delete, or HAPPY TOUCH APP may delete any User Submissions (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines by your User Submissions, as determined by HAPPYTOUCH.CA, may result in your User Account being banned and lead to the termination of your access to the HAPPYTOUCH.CA Services.
2. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT & USES LISTED BELOW:
1. use the HAPPY TOUCH APP or any location information displayed within the HAPPY TOUCH APP to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
2. use the HAPPY TOUCH APP if you are under the age of 18 years old (twenty-one (21) years in places where eighteen (18) years is not the age of majority);
3. include offensive or pornographic materials or materials that are harmful to minors in your HAPPY TOUCH APP personal profile page;
4. use the HAPPY TOUCH APP for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
5. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the HAPPY TOUCH APP. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the HAPPY TOUCH APP accounts of other Users;
7. misrepresent the source, identity or content of information transmitted via the HAPPY TOUCH APP;
8. display the HAPPY TOUCH APP or profile data on any external display or monitor or in any public setting;
9. remove, circumvent, disable, damage or otherwise interfere with security-related features of the HAPPY TOUCH APP, features that prevent or restrict use or copying of any content accessible through the HAPPY TOUCH APP, or features that enforce limitations on use of the HAPPY TOUCH APP;
10. intentionally interfere with or damage operation of the HAPPY TOUCH APP or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
11. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
12. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
13. use the HAPPY TOUCH APP with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
14. use the HAPPY TOUCH APP in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the HAPPY TOUCH APP could lead directly to death, personal injury, or severe physical or property damage;
15. attempt to gain unauthorized access to the HAPPY TOUCH APP, or any part of it, other accounts, computer systems or networks connected to the HAPPY TOUCH APP, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the HAPPY TOUCH APP or any activities conducted on the HAPPY TOUCH APP; or
16. use any robot, spider, scraper or other automated means to access the HAPPY TOUCH APP or HAPPYTOUCH.CA website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the HAPPY TOUCH APP or modify the HAPPY TOUCH APP in any manner or form, nor to use modified versions of the HAPPY TOUCH APP, including (without limitation) for the purpose of obtaining unauthorized access to the HAPPY TOUCH APP.
17. Any and all other uses which are unlawful or in violation of this Agreement’s terms and conditions are prohibited. HAPPYTOUCH.CA reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel sessions.
18. You further agree that you are solely responsible for your conduct while using the Services and that you will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
19. HAPPYTOUCH.CA takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Services. HAPPYTOUCH.CA will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Services. Your use of the Services, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at HAPPYTOUCH.CA’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
20. If you do submit material, and unless we indicate otherwise, you grant HAPPYTOUCH.CA a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HAPPYTOUCH.CA for all claims resulting from content you supply. HAPPYTOUCH.CA has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this application, as determined by HAPPYTOUCH.CA in its sole discretion,
7. EMAIL POLICY
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER
The materials and services provided for and depicted on the HAPPY TOUCH APP are protected by copyright, trademark, and other intellectual property laws. All text, graphics, video, data, software or other content on the HAPPYTOUCH.CA (“HAPPYTOUCH.CA Content”) is provided to USERS by HAPPYTOUCH.CA for the sole purpose of using the Services. USERS shall not copy, display, modify, create derivative works of, publish, rent, lease, redistribute, sublicense, sell, decompile or reverse-engineer the HAPPY TOUCH APP or website HAPPYTOUCH.CA. Content or any information, software, or services provided by HAPPYTOUCH.CA hereunder. The HAPPY TOUCH APP Content may be modified from time to time by HAPPYTOUCH.CA in its sole discretion. Except as expressly set forth herein, no license is granted to USERS for any other purpose, and any other use of the Services or the HAPPYTOUCH.CA Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of HAPPYTOUCH.CA or its licensors in the Services or the HAPPY TOUCH APP Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of HAPPYTOUCH.CA or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of HAPPYTOUCH.CA or its licensors in the Services of the HAPPY TOUCH APP Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of HAPPYTOUCH.CA or any third party is granted under this Agreement. If you violate any of the foregoing restrictions, your right to use of the Services will immediately cease, and you will have infringed the copyright and other rights of HAPPYTOUCH.CA, which may subject you to prosecution and damages. HAPPYTOUCH.CA reserves all rights not expressly granted to you in these Terms.
9. CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS In exchange for the HAPPY TOUCH APP providing you with access to the Services, or potential clients, you consent to HAPPYTOUCH.CA collecting and using technical data, personal information and related information in connection with your use of the Services, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Services and of software updates, product support and other services. You also consent to our communicating with you about the Services.
10. PURCHASING SESSIONS FROM THE HAPPY TOUCH APP
When you purchase a session using the Services, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the price posted by the Practitioner for the session, even if you are unable to attend that session. You are responsible for paying the fitness club or Practitioner directly for any additional services or charges you incur once you are at the session.
11. THIRD-PARTY INTERACTIONS
Your use of the Services and your contact, interaction or dealings with any third parties arising out of your use of the Services is solely at your own risk. The fitness clubs, Practitioners and other suppliers of HAPPYTOUCH.CA are independent contractors and not agents or employees of HAPPYTOUCH.CA. HAPPYTOUCH.CA is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these fitness clubs, Practitioners or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
1. The HAPPY TOUCH APP may include links to other web sites or services (“Third Party Websites”) solely as a convenience to Users. HAPPYTOUCH.CA does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, HAPPYTOUCH.CA makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HAPPY TOUCH APP are solely between you and such advertiser. You agree that HAPPYTOUCH.CA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the HAPPY TOUCH APP.
3. Parties other than HAPPYTOUCH.CA may provide services or sell products via the HAPPY TOUCH APP. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. HAPPYTOUCH.CA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
4. By your use of third party applications that connect with the HAPPY TOUCH APP (“Third Party Applications”), you acknowledge and agree that HAPPYTOUCH.CA may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. HAPPYTOUCH.CA is not responsible for the transmission of the User Submissions from the HAPPY TOUCH APP to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. HAPPYTOUCH.CA is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. HAPPYTOUCH.CA also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
You acknowledge and agree that HAPPYTOUCH.CA may incorporate User Submission and location information for User Accounts from the HAPPY TOUCH APP with third party information sources and third party application in the provisioning of the HAPPY TOUCH APP.
14. BENEFIT OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT HAPPYTOUCH.CA HAS OFFERED THE HAPPY TOUCH APP, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HAPPYTOUCH.CA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAPPYTOUCH.CA. HAPPYTOUCH.CA WOULD NOT BE ABLE TO PROVIDE THE HAPPY TOUCH APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
15. TERMINATION OR MODIFICATION OF APPLICATION
HAPPYTOUCH.CA reserves the right to change, suspend, remove, discontinue or disable access to the Services (including, but not limited to, the HAPPY TOUCH APP) at any time without notice. In no event will HAPPYTOUCH.CA be liable for the removal of or disabling of access to any portion or feature of the Services (including, but not limited to, the HAPPY TOUCH APP).
If you breach any of the terms or conditions of this Agreement or HAPPYTOUCH.CA discontinues the HAPPY TOUCH APP, these Terms will automatically terminate. In the event of the termination of this Agreement for any reason, the license granted to you in this Agreement will immediately terminate and you must immediately stop all use of the Services (including the HAPPY TOUCH APP). All of the sections of this Agreement that by their nature should survive termination will survive any termination of this Agreement. For avoidance of doubt, the License section will not survive termination of this Agreement. Any use of the Services after termination is unlicensed and is in violation of the copyright and other rights of HAPPYTOUCH.CA and the HAPPY TOUCH APP and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
17. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
18. INFORMATION AND PRESS RELEASES
The HAPPYTOUCH.CA may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
19. LIABILITY LIMITATIONS
IN NO EVENT SHALL HAPPY TOUCH HEALING, INC. BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH
(I) ANY USE OF THE SERVICES, THE HAPPY TOUCH APP OR ANY HAPPYTOUCH.CA,
(II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE HAPPY TOUCH APP FOR SESSIONS), OR
(III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRACTITIONER OR HEALTH CENTRE IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE HAPPY TOUCH APP BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE HAPPYTOUCH.CA OR THE HAPPY TOUCH APP CONTENT. HAPPY TOUCH HEALING, INC IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED PRACTITIONER OR FITNESS CLUB IN WHICH A USER HAS MADE A SESSION. ASIDE FROM THE SERVICES PROVIDED ON THE HAPPY TOUCH APP. HAPPY TOUCH HEALING, INC IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED PRACTITIONER OR HEALTH CENTRE.
20. DISCLAIMER OF WARRANTY
1. THE HAPPY TOUCH APP [AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HAPPY TOUCH APP] ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HAPPY TOUCH HEALING, INC, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2. HAPPY TOUCH HEALING, INC AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HAPPY TOUCH APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HAPPY TOUCH APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. HAPPY TOUCH HEALING, INC AND ITS SUPPLIERS AND PARTNERS (INCLUDING HAPPY TOUCH HEALING, INC’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER HAPPY TOUCH APP IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HAPPY TOUCH HEALING, INC.COM OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE HAPPY TOUCH APP. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HAPPY TOUCH APP AT YOUR OWN DISCRETION AND RISK.
4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of this Agreement or your violation of the rights of any third party; or (iii) any User Content you share.
22. THIRD-PARTY CONTENT
HAPPY TOUCH HEALING, INC may provide third-party content via the Services and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. HAPPY TOUCH HEALING, INC does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. HAPPY TOUCH HEALING, INC is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
23. PAYMENTS. CANCELLATION. FINAL SALE.
Any and all payments made to HAPPY TOUCH HEALING, INC for use and access to any HAPPY TOUCH HEALING, INC APP and HAPPY TOUCH HEALING, INC APP Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an User Account set up for reoccurring billing, you may cancel your User Account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the HAPPY TOUCH HEALING, INC Software or HAPPY TOUCH APP violates our Terms of Service, your access and User Account may be immediately terminated and all payments forfeited.
We reserve the right at any time to charge fees for access to portions of the HAPPY TOUCH APP, HAPPY TOUCH HEALING, INC Software or the HAPPY TOUCH APP or HAPPY TOUCH HEALING, INC Software as a whole
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25. NO ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USERS, but may be so transferred, assigned or delegated by HAPPY TOUCH HEALING, INC.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.