Last Updated: December 8, 2023
Your use of www.TheHappyHealingStore.com, including any subdomains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Happy Healing® Inc. (“Happy Healing,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order on the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of this Agreement at any time on this page (note: a link to these Terms and Condition of Use can be found at the bottom of each page of this Website). We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
1. WEBSITE USE
By using the Website and agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, or you have given us your consent to allow any of your minor dependents to use this Website, and you have read this Agreement and understand and agree to its terms.
All information on this Website is available for educational purposes only.
Please acknowledge that we are not physicians or doctors. We cannot give recommendations for dosage or consumption of our Fenben® products. By law, we cannot claim that any of our products are intended to diagnose, treat, cure, nor prevent any disease. Fenben is not FDA approved for human consumption. Fenben® products are furnished as “Research Chemicals” for RESEARCH USE ONLY. These products should only be handled by qualified, and licensed professionals.
* “Research chemicals” are chemical substances used by scientists for medical and scientific research purposes. One characteristic of a research chemical is that it is for laboratory research use only; a research chemical is not intended for human or veterinary use. This distinction is required on the labels of research chemicals and is what exempts them from regulation under parts 100–740 in Title 21 of the Code of Federal Regulations (21CFR).
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. Privacy & Security Disclosure
3. General Conditions and Website User Conduct Restrictions
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. Product Sold For Personal Use Only and As Part Of A Healthy Lifestyle
You agree that any products or services you purchase from Happy Healing and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
Happy Healing does not make any guarantee that these products will accomplish fitness, health, and/or wellness goals. All products and services are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Results may vary.
5. No Medical Advice, And Accuracy, Completeness, And Timeliness Of Information
Any statements on this Website or any materials or supplements distributed or sold by us have not been evaluated by the Food and Drug Administration (“FDA”). Our products are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a physician before using any of our products. The results on all products are not typical, and not everyone will experience these results.
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for the medical advice of a physician.
Before starting any program, exercising, using body awareness techniques, or practicing meditation, changing your diet, taking any nutritional or herbal supplements, or relying on any advice from Happy Healing, you should speak with your doctor.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. Modifications To The Website and Prices
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping Details and Refund Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address);
- The card number and expiration date; and
- The 3 or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
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. 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 you directly and seek payment by another method including a mailed statement.
8. Order Placement And Acceptance
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
If you go to the Website to purchase a product, you have the option of buying a product for a one time purchase. We currently do not offer subscriptions as it would require us to store credit card information, which we do not do. Should we offer subscriptions in the future, we reserve the right to make any deemed necessary changes at any point to expand or reduce, potentially even eliminate, the subscription program as we see fit. No prior notice is required for this change to occur.
Happy Healing ships to addresses located in the United States and internationally. We use FedEx International for international deliveries. Orders generally ship within 24-48 business hours of the time of placement. Domestic orders typically arrive within 3 days of shipment. Delivery time for international orders varies based on location. Please visit our Shipping Policies webpage for additional terms that may apply to your order.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by phone or email (1-888-844-2779 | Support@TheHappyHealingStore.com) immediately. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
For additional information about our ordering and shipping policies, please see our Shipping Policy.
11. Delivery Confirmation
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
12. Returns & Refunds
Prior to placing your order, please be advised that Happy Healing is unable to accept returns for our Fenben® products. This policy went into effect on 9-15-2021.
NOTE: Due to the fact that the Environmental Protection Agency (“EPA”) has now marked fenbendazole as an “Environmentally Dangerous Substance”, we can no longer accept returns of any product containing this chemical. Out of safety concerns as to the circumstances and storage of the products while they have been not in our direct possession, we cannot resell any returned Fenben products. Additionally, EPA guidelines require specific disposal procedures which in cases of returned goods cannot be accommodated for.
All sales of Fenben are final due to handling restrictions imposed that are out of our control. To inquire whether you can receive a refund on any other products, please first complete the Contact Us Return Request to receive a Return Authorization Number (RAN) before mailing your product back to us. The RAN will include the address that you are required to mail to in order to return your product to us and receive a refund. Please include your original order number in your return request. Once we receive your return, we will send you an email to notify you that we have received your returned item. If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment later on, within 3-5 business days. For additional information about our Return Policy, please see our Return Policy.
13. Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, X (Formerly Twitter), LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
14. Disclaimer of Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Disclaimer of Liabilities
16. Dispute Resolution By Mandatory Bing Arbitration And Class Action Waiver
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY NAME AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Happy Healing both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Happy Healing will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in California: (i) an action by Happy Healing relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Happy Healing for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties’ consent to exclusive jurisdiction and venue in the state and federal courts located in California, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Happy Healing, Inc., Attn: Legal Department, 744 Merritt Capital Drive, Suite 102, Wake Forest, North Carolina 27587. Happy Healing will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Happy Healing or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in North Carolina to enforce these this Agreement or prevent an infringement of a third-party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d. Commencing Arbitration
You and Happy Healing agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Wake County, North Carolina, unless Happy Healing otherwise agrees to arbitrate in another forum requested by you.
f. Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Happy Healing, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Happy Healing and shall not be modified except in writing by Happy Healing.
Happy Healing reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Happy Healing product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Happy Healing will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Happy Healing product, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT HAPPY HEALING, INC., ATTN: LEGAL DEPARTMENT, 744 MERRITT CAPITAL DRIVE, SUITE 102, WAKE FOREST, NORTH CAROLINA 2758. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Happy Healing, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of this Agreement, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
18. Third-Party Website And Links
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. Testimonials, Reviews, And Other Submissions
Happy Healing may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to Happy Healing’s products, in printed and online media, as Happy Healing determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may see from our products. As noted in Section 4 above, results may vary depending upon a variety of factors, such as your age, health, and genetics.
Anything that you submit or post to the Website, Social Media, and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Happy Healing reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Happy Healing shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to this Agreement. If you disagree with any part of this Agreement, do not submit a testimonial.
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement :
Happy Healing, Inc.
Attn: Legal Department
744 Merritt Capital Drive, Suite 104
Wake Forest, North Carolina 27587
Agent’s Name/Email Address: C. Williams / Support@TheHappyHealingStore.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act (“DMCA”) requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
21. Intellectual Property Rights.
a. Copyrights. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission.
b. Trademarks. FENBEN®, FENBEN BIO®, FENBEN INC.™ and Happy Healing® are trademarks we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
c. Submissions. All comments, feedback, suggestions, ideas, and other submissions (“Comments”) that you disclose, submit or offer to us in connection with your use of the Website will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
22. Third Party Websites
Our Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused using or reliance on any such material available on or through any such site or any such dealings or promotions.
23. Prohibited Uses
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services, this Website or any related website for violating any of the prohibited uses. You must not transmit any worms or viruses or any code of a destructive nature.
24. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Happy Healing and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement if some or all of Happy Healing’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
26. No Waiver
No waiver by Happy Healing of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Happy Healing to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
27. No Agency Relationship
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-3, 14-17, 20-28, 30, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
30. Entire Agreement
This Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Happy Healing, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
31. Questions Or Additional Information
If you purchased a product or service through the Website, please contact Customer Support by phone or email.
Happy Healing, Inc.
Attn: Legal Department
744 Merritt Capital Drive, Suite 104
Wake Forest, North Carolina 27587
32. ADDITIONAL TERMS
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of North Carolina without regard for conflict of law principles. This Agreement and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. This Agreement contains the entire understanding between you and us regarding your use of the Website and Products purchased on the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.