Effective Date: February 14, 2024

Thank you for visiting the Website(s), App or Service provided by Happy$penders! We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website(s), app, or services, please read these Terms and Conditions of Use, so you know what to expect when visiting, engaging and / or using our various properties.

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“AGREEMENT,” “TERMS AND CONDITIONS,” “TERMS,” “CONDITIONS,” “POLICY(IES)”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER,” “the USER”) AND CJL LLC / happyspenders.com OR THE APPLICABLE AFFILIATE OF CJL LLC / happyspenders.com DOING BUSINESS AS “Happy$penders,” and / or “happyspenders.com” (“COMPANY,“ “the COMPANY” “WE,” “US,” “OUR”).

By entering the happyspenders.com website it means that you have read and agreed to the Terms and Conditions of Use.

Happy$penders (happyspenders.com) is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Amazon, the Amazon logo, AmazonSupply, and the AmazonSupply logo are trademarks of Amazon.com, Inc. or its affiliates.  Certain content that appears on this site comes from Amazon. This content is provided ‘As Is’ and is subject to change or removal at any time.

By accessing or using any website with an authorized link to this Agreement (each a “Website“), accessing or using any application with an authorized link to this Agreement (“App,” together with the Website(s), the “Properties”), registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Properties (collectively with the Properties, the “Service(s)“), or clicking on a button or taking another action to signify your acceptance of this Agreement, you:

(i) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;

(ii) represent you are of legal age in your jurisdiction of residence to form a binding contract; and

(iii) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.

If you do not agree to be bound by this Agreement you may not access or use the Services.

Your use of the Services is also subject to any additional terms, terms of use, conditions and policies that we separately post on the Services (“Privacy Policy,” “Disclaimer,” “Policy”) which may be incorporated by reference into this Agreement. The Company reserves the right to change this Agreement or it’s Policies relating to the Service(s) at any time, which will be effective upon posting of an updated version of this Agreement or any applicable Policy on the applicable Services. You should review this Agreement regularly. Your continued use of the Services after any such modifications constitutes your agreement to such changes.

Some of the specialized features and tools accessible through our Services are provided by Third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such Third-party features and tools, you agree that your relationships with the Third-party service providers will be governed by the applicable Third-party’s Terms.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Website, any third-party website the Company may use to distribute or host a Service, and contained in e-mails or other communications sent to you by the Company, as well as the look and feel of all of the foregoing (“Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

The Company’s Limited License to You

If you view, purchase or access any of the Content, you will be considered a Licensee of the Company. To avoid doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. For clarification, you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes only.

You may not republish, duplicate, reproduce, copy, display, sell, distribute, disclose, to friends, family, or any other third party, or otherwise use any material from the Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content. Any unauthorized use of any materials found in the Content shall constitute infringement. All rights not expressly granted in these terms or any express written license, are reserved by us.

Written permission must be obtained prior to using any of the Content for your own or any third-party commercial use.

Unauthorized Use

Use of any materials found in the Content, other than that expressly authorized in this agreement, or by a separate written permission, is not permitted (“Unauthorized Use”).

Any threat to violate or violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the Company entitling compensation of damages, and / or entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

Testimonials and Marketing – Your License to the Company

When you post or submit any content / materials such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to Us that you are the owner of all such materials and you are at least 18 years old.

The Company may request your consent to use your likeness (your screen name or given name inclusive), posts, comments, photos, videos, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content.

This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.

Permission to Use Company Content

Should you wish use of any Content, and / or other intellectual property and / or property owned by us, request and receive permission in writing prior to use of the Content by sending an email to admin@happyspenders.com.

Should you be granted permission by the Company, you agree to use the specific Content, and only the Content that the Company permits and only in the way(s) for which the Company has given you written permission. If you choose to use the Content in a way(s) that the Company does not specifically give you written permission, you now agree this is an infrigment and Unauthorized Use which subjects you to the Terms as if you had copied, duplicated and/or stolen such Content from the Company, and you will immediately stop using such Content and to take whatever actions requested by the Company and by the methods and in the time frame prescribed by us to protect the Company, or Website, or Properties, and / or Services and rights of ownership.

Confidentiality and Conduct

We recommend caution when choosing materials should you share and / or submit and / or upload to, with the Company during any communication (“Communication(s)”)with and / or by the Company both written, spoken or emailed, videoed and should there be any third-party forums operated by the Company. Any Communication(s), may inadvertently become public.

Your relationship with the Company is not legally bound by confidentiality. The Company is not legally bound to keep your information confidential as expressed within the Companies Policies. You acknowledge that there is an inherent risk in all forms of Communication(s), and Communication(s) between you and the Company may be unlawfully intercepted by third-parties not under our control. The Company does not guarantee the security of any information or Communication(s). Any Communication(s) with the Company are conducted at your own risk.

Notwithstanding, the Company agrees to take reasonable percausions to keep all information about its Communication(s) with you private with the Company, except in very rare circumstances where disclosure is required by law. You may authorize the Company to disclose your information to a third- party by doing so in writing.

You agree you will not share any Communication(s) outside of the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to any and all Content.

You are responsible for your material and for any liability that may result from it. You participate, comment, post, and disclose your material at your own risk. Any Communication(s) by you on the Website or via a social media group, chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Website or any Company social media group or third-party forum. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Website. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Website.

You are strictly forbidden from doing any of the following with respect to the Website or any Activity:

(i) Systematically or automatically collect data

(ii) Cause damage

(iii) Transmit, send or deliver unsolicited Communication(s) and / or for other marketing and / or for advertising purposes.

(iv) Using any Content and / or Communication(s) to copy, store, host, transmit, send, use, distribute, publish any spyware, worm, virus, keystroke logger, Trojan horse, or any other malicious software.

(v) Commit any illegal, unlawful, fraudulent and / or harmful purpose and / or activities.

(vi) Sharing proprietary and / or private information from online courses with anyone else.

The Company may, without notice or refund, refuse and / or discontinue access to the Website to any person who fails to comply with these Terms.

REGISTRATION AND OTHER SERVICES

Registration Data

When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a magazine or other subscription (“Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card or payment account information, e-mail address or postal address, as necessary and / or required. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. You further agree that you will not maintain more than one Account for the same Company service at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account.

Subscription

If you subscribe to a Company publication or other Service(s) for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Service(s) will be governed by the terms of the subscription offer at the time of enrollment.

Sponsored and / or Affiliate Content

Certain portions of the Service(s) may include content that contains links to Third-party websites for which the Company may receive compensation from the operator(s) of the Third-party website(s) by virtue of your clicking to and / or making a purchase on that site. By clicking on these links you understand and agree that you are leaving a Company Property and visiting a Website(s) that is not controlled by us.

Lead Generation

Certain portions of the Service(s) may provide you the opportunity to be contacted by Third-party suppliers and others in order to obtain a particular Service(s). By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these Third-parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products and / or work estimates and / or the provision of Services by these Third-parties.

Sweepstakes and / or Contest

All sweepstakes, contests, and other promotions conducted on or through the Service(s) will be governed by the official rules applicable to that promotion.

Removal of Accounts

The Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Company.

Company Privacy Policy

Our information collection and use Policies with respect to the Privacy of the Registration Data and any other data provided by you or collected by the Company are set forth in Company’s Privacy Policy.

USER CONTENT

Responsible Party For Content

You (“the User,” “the Party”) understand, acknowledge, and agree that all User generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the Party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (“User Content“). User Content shall include your submission of any ideas, suggestions, documents, and / or proposals to Company. Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, Company reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content. The Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by the Company. The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Agreement, Company’s Policies, or applicable law.

Ownership of Your Content

The Company does not claim ownership of any User Content you make available on the Service(s) (“Your Content“). However, when you as a User post or publish Your Content on or in the Service(s), you represent that you have all of the necessary rights to grant the Company the license. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Service(s).

License To Your Content

Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting Your Content on or though the Service(s), you grant the Company, its agent(s) and supplier(s), and anyone else authorized by the Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sub-license, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in and / or to Your Content. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of Your Content by name, email address, or username, as Company deems appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Service(s).

Reviews and Ratings

Ratings and reviews posted by Users on our Service(s) are User Content that is not endorsed by Company and does not represent the views of the Company. To the fullest extent permitted by law, Company does not assume liability for reviews and / or ratings or for any claims for economic loss resulting from such reviews and / or ratings. Because we expect Users to maintain a high level of integrity with respect to reviews and ratings posted through the Service(s), you agree:

(i) To base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service.

(ii) Your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any review and / or rating could diminish the integrity of the reviews and ratings, or otherwise violates the terms or spirit of this Agreement, we may exclude, prohibit, or remove such User Content in our sole discretion without notice.

Additional Restrictions on User Conduct

You agree not to use the Service(s) for any purpose prohibited by this Agreement or by applicable law. You shall not and furthermore shall not permit any Third-party to take any action and / or make available any content on or through the Service(s) that:

(i) Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity.

(ii) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane

(iii) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail

(iv) Involves commercial activities and / or sales without Company’s prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes

(v) Impersonates any person or entity, including any employee or representative of Company or misrepresents your affiliation with any other person or entity

(vi) That violates any other rules or regulations that we may post in connection with a particular feature of the Service(s). You alone are responsible for the content and consequences of any of your activities.

OWNERSHIP of and LICENSE to USE COMPANY SERVICES

Use of the Services

Except with respect to User Content, the Company and its suppliers own or are licensees of the rights, title, and interest required for the Service(s). The Service(s) are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. The Company, its suppliers and service providers reserve all rights not granted in this Agreement.

Trademarks

The Company’s stylized name and other related trademarks and / or identifiers, graphics, logos, service marks, and trade names used on or in connection with the Service(s) are the trademarks of Company and may not be used without permission in connection with any Third-party products or services. Other trademarks and / or identifiers, logos, service marks and trade names that may appear on or in the Service(s) are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark and / or identifier, service mark or other proprietary rights notices incorporated in or accompanying the Service(s).

Restrictions on Use of Services

You agree not to do any of the foregoing:

(i) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Service(s).

(ii) You shall not frame or use framing techniques to enclose any trademark, logo, or Service(s) (including images, text, page layout or form) of the Company.

(iii) You shall not use any meta tags or other “hidden text” using Company’s name or trademarks and / or identifiers.

(iv) You shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Service(s) except to the extent the foregoing restrictions are expressly prohibited by applicable law.

(v) You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Service(s) (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials / Content).

(vi) You shall not use any data from the Service(s) for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system).

(vii) You shall not access the Service(s) to build a similar or competitive website, application, or service.

(viii) You shall not except as expressly stated herein, no part of the Service(s) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

(ix) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Service(s) or use the Service(s) in violation of any Third-party’s intellectual property or other proprietary or legal rights.

(x) You shall not use the Service(s) in violation of any applicable law.

(xi) You shall not attempt to gain unauthorized access to other computer system(s) through the Service(s).

(xii) You shall not interfere with or attempt to interfere with the proper functioning of the Service(s) and / or use the Service(s) in any way not expressly permitted by this Agreement.

(xiii) You shall not attempt to harm our Service(s) or use the Service(s) in a manner that could interfere with any Party’s use or enjoyment of the Service(s), including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Service9), or interfering or attempting to interfere with use of the Service(s) by any other User, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service(s). Any unauthorized use of the Service(s) immediately terminates the licenses granted by Company pursuant to this Agreement.

Third-Party Links

The Service(s) may contain links to Third-party services such as Third-party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you are about to or have left the Service(s).

The Company does not control and is not responsible for Third-Party Links. Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

Some of the Third-party links to these products and services are affiliate links, which means that if you choose to make a purchase, Company will earn a small commission. Commissions come at no additional cost to you. We appreciate your support. When some products or services are mentioned within the content of the Website(s), they may or may not be marked as affiliate in every reference.

Embedded Video Links

Certain pages of the Service(s) provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video“). If you elect to embed video on a page, you agree as follows:

(i) You will not alter, in any respect, the Embedded Video (including without limitation the content, format, length, and advertising associated therewith) from how it is served from our servers.

(ii) You will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by the Company when the Embedded Video appears (the “Player”)

(iii) The Embedded Video may be used for commercial purposes, including on an advertising- supported page, provided that:

(a) The Embedded Video shall not be included in, or used as part of, a service that sells access to video content.

(b) The Embedded Video is not used for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system)

(c) You shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player

(d) To the extent you sell any advertising, sponsorship, or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by Company which is a sufficient basis for such sales. You may not block, inhibit, build upon, or disable any portion of the Player, including without limitation links back to Company’s Services.

You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Website(s) without limitation of any provision of these Terms and Conditions of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify, and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Indemnification

You agree to indemnify and hold Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including attorneys’ fees and costs) relating to or arising out of any claim(s) concerning:

(i) The violation of the rights of any Third-party, including intellectual property rights, by Your Content

(ii) Your misuse of the Services

(iii) Your violation of this Agreement

(iv) Your violation of any rights of another Party, including any Users

(v) Your violation of any applicable law(s), rule(s), or regulation(s). The Company reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

Disclaimer of Warranties and Conditions

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT:

(i) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR

(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.

Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF:

(i) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR

(ii) ONE HUNDRED DOLLARS ($100).

THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR:

(i) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR

(ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.

Survival

You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Service(s).

GENERAL PROVISIONS

Pitch Free Zone

No pitching, selling and / or promoting other products, groups, programs, and / or events to others. The Website(s) is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to others on the Website and / or any social media group or platform for others, whether or not officially sanctioned, owned, or operated by the Company.

Disclaimer

The information available through the Service(s) is provided solely for informational purposes on an “as is” basis at User’s sole risk. Company makes no guarantees as to the accurateness, quality, or completeness of the information and Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

Any links to Third-party products, services, or websites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend Third-parties website, products or services, it is your responsibility to fully research such Third-parties before entering into any transaction or relationship with them.

The Company tries to ensure that the availability and delivery of the Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. We will attempt to limit the frequency and duration of suspension or restriction.

The Company controls and operates the Website(s) in the United States. The Company does not represent that materials provided on the Website or through the Content are appropriate or available for use in other locations. Should you choose to access the Website(s) or Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The information, products and services offered on / or through the Website(s) are provided “AS IS” and without Warranties of any kind either expressed or implied. The Company does not warrant that the Website(s) and / or Content, and / or any of the functions will be uninterrupted or error-free, or that defects will be corrected.

Earning Disclaimer

Should you choose to communicate with or use any Third-party product, program, course, training, instruction, schooling, education, and / or tutalage in regards to earning(s), by law, and by the nature of any business program, we do not and cannot guarantee you any future earnings you might achieve following recommendations and / or strategies. The results you will get depend on your efforts and hard work and many other variables including your market, even global economy. Any financial goals and numbers mentioned are not typical or promised results. Company does not provide any legal, tax or other professional advice.

The information, products and / or service(s) offered on / or through the Website(s) (inclusive of Third-party) are provided “AS IS” and without Warranties of any kind either expressed or implied. The Company does not warrant nor makes any guarantees as to the accurateness, quality, or completeness of the information in the Website(s) and / or Content, and / or any of the products, functions, programs, courses, training, instructions, schooling, education, and / or tutalage. The Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any User’s reliance on the information. Users are solely responsible for verifying the product(s) and / or information as being appropriate for User’s personal use.

Termination

At its sole discretion, Company may modify, suspend, change, or discontinue the Service(s), or may modify, suspend, change, or terminate your access to the Service(s), for any reason or no reason, with or without notice to you and without liability to you or any Third-party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. In the event of cancellation or termination, you are no longer authorized to access the Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Content will apply now and in the future.

Electronic Communications

The communications between you and Company use electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you

(i) Consent to receive communications from the Company in an electronic form.

(ii) Agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”

Waiver and Release

By using the Website(s), you consent to our Website’s Policies and clearly understand that all information you read on the Website(s) and / or it’s social channel(s) are purely for entertainment, information and / or educational purposes.

As used in these Terms, (“Release(s)”) includes the following: the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, representatives, successors and assigns, heirs and next of kin. You are voluntarily participating and / or engaging and assume all risk of injury, illness, damage, or loss to you and / or your property that might result from the use of this Website(s) and / or Third-Parties.

Notice

Where Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notice(s) required and / or permitted by this Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: CJL LLC, 30 N Gould Street, Ste 29106, Sheridan, WY, 82801. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Governing Law and Exclusive Venue

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WYOMING USA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT. To the extent the Parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in Wyoming USA and / or federal courts located in Wyoming USA.

International Users

The Service(s) are controlled and offered by Company from its facilities in the United States of America. The Company makes no representations that the Service(s) are appropriate or available for use in other locations. Those who access or use the Service(s) from other countries do so at their own volition and are responsible for compliance with local law.

Export Control

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.

In particular, but without limitation, the Service(s) may not be exported or re-exported:

(i) Into any United States embargoed countries, or

(ii) To anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service(s), you represent and warrant that:

(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and

(b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

Entire Agreement

This Agreement is the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor and / or materials.

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Questions, and Permission(s)

If you have any questions, with respect to the Service(s), please contact our customer service department using the contact information available on the Service(s). We will do our best to address your concerns. For usage and / or reprint permission requests, please email admin@happyspenders.com.