Acceptance Of Terms
Read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using http://www.happythoughtsppg.com (the “Website”) operated by Happy Thoughts PPG LLC (“Company”).
By accessing the Service as a visitor (“Visitor”) each Visitor and acknowledges having read and understood these Terms and agrees to be bound by them.
By accessing or using the Website, each Visitor acknowledges that he or she is 18 years of age or older or has permission from his or her parent or guardian to access the Website.
Visitor access to and use of the Website is conditioned upon the Visitor’s acceptance of and compliance with these Terms. These Terms apply to all Visitors and any other persons who access or use the Website.
By accessing or using the Website, a Visitor agrees to be bound by these Terms. Any Visitor that disagrees with any of these Terms does not have Company’s permission to access the Website.
Company reserves the right, in Company’s sole and absolute discretion, to change, modify or otherwise alter these Terms at any time. Each Visitor must review these Terms at http://www.happythoughtsppg.com/terms on a regular basis to keep informed of any changes.
These Terms apply to all services accessed or sold on the Website.
If a Visitor purchases any service (a “Purchase”) made available through the Website, the Visitor will be asked to supply certain information relevant to such Purchase including, without limitation, the Visitor’s credit card number, the expiration date on the credit card, the billing address, and shipping address.
The Visitor represents and warrants that: (i) the Visitor has the legal right to use the credit card(s) or other payment method(s) supplied to Company in connection with the Purchase; and (ii) the information the Visitor supplies to Company is true, correct and complete.
The Company reserves the right to refuse or cancel a Visitor’s order at any time for any reason, including, but not limited to: product or service availability, errors in the description or price of the product or service, errors contained in the Visitor’s order, or for other any other reason.
The Company reserves the right to refuse or cancel an order if the Company suspects fraud, or if the Company suspects the transaction is unauthorized or illegal.
A Visitor’s shipping address must be the same as the billing address. Company cannot ship to a different address.
Once tuition is paid, no refunds are allowed. You may receive half of your deposit back if you cancel your training within 30 days of the starting date.
Each Visitor agrees that Company’s services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Company’s Website, contains proprietary information and material that is owned by Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Each Visitor agrees that he or she will not use such proprietary information or materials in any way whatsoever except for use of Company in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means. Each Visitor agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website in any manner, and no Member or Visitor shall exploit the Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Company and its licensors reserve the right to change, suspend, remove, or disable access to the Website, the Company’s services, products, content, or other materials comprising a part of the Company’s brand at any time without notice. In no event will Company be liable for making these changes. Company may also impose limits on the use of or access to certain features or portions of Company services, in any case and without notice or liability.
All copyrights in and to Company and the Website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and all related software are owned by Company and/or its licensors, and Company reserves all rights to such intellectual property at law and in equity.
Company’s logo, other Company trademarks, service marks, graphics, and logos used in connection with Company are trademarks or registered trademarks of Happy Thoughts PPG LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Company and/or the Website may be the trademarks of their respective owners. Visitors are not granted a right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Disclaimer And Limitations Of Liability
Neither Company, its employees, agents, sponsors, or producers of the videos, articles, and other visual or written material are liable or responsible for any injury, injuries, or loss that may be sustained based on use of the exercises, demonstrations, or advice contained on this Website or in any visual or written material produced by Company. If you are not comfortable with any of the exercises, demonstrations, advice, or activities contained on this Website or in any of Company’s products or services, then do not attempt it.
ANY ATTEMPT BY MEMBER OR VISITOR TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS WEBSITE MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY WILL DISQUALIFY SUB MEMBER’S OR VISITOR’S ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH MEMBER OR VISITOR TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. EACH VISITOR ACKNOWLEDGES THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY COMPANY. VISITOR ALSO ACKNOWLEDGES THAT ACCESS TO THE WEBSITE AND/OR WEBSITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. EACH VISITOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.
NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICES, OR WRITTEN MATERIAL ON THE WEBSITE, CONTENT WITHIN THE WEBSITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE. A VISITOR SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF VISITORS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH MEMBER AND VISITOR. A MEMBER’S OR VISITOR’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) a Visitor’s access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of a Visitor’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Each Visitor agrees to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Website, by a Visitor or b) a breach of these Terms.
A Visitor’s use of the Website is at the Visitor’s sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet a Visitor’s requirements.
Contests, Sweepstakes and Promotions
Links To Other Web Sites
Company’s Website may contain links to third party websites or services that are not owned or controlled by Company.
Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. Company does not warrant the offerings of any of these entities/individuals or their websites.
Each Visitor acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
Company strongly advises each Visitor to read the terms and conditions and privacy policies of any third party websites or services visited by such Visitor.
This Agreement shall be governed and construed in accordance with the laws of Florida. Each Member and Visitor agrees to submit to the personal jurisdiction of the courts located in Suwannee County, Florida, and any cause of action which arises from the use of this Website, products purchased from this Website, participation in services offered hereby, or from interpretation of these Terms and Conditions must be filed in the courts located in Suwannee County, Florida.