Thank you for visiting the Happify™ website (the “Site”). The Site is an Internet property of Happify, Inc. (“Happify™,” “we” or “us”). This Happify™ Privacy Policy (“Privacy Policy”) sets out how we use, share and protect Personal Information (as hereinafter defined) and other information that we collect when you:
Capitalized terms not defined herein shall have the meaning set forth in the Happify™ Website Terms and Conditions (“Terms and Conditions”).
Except where noted, statements in this Privacy Policy with respect to the Site and Happify™ Offerings also apply to Happify™ mobile device applications ("Apps") for iPhone, iPad and Android devices.
If you have been given access to the Happify Offerings as a member, employee, client or customer (“Happify Health Program Client”) of a healthcare provider, health plan sponsor, or insurer or related organization or company (each a “Happify Health Program Company”), this Privacy Policy is not intended to modify any privacy policy provided by the Happify Health Program Company applicable to your personal health record.
YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THIS PRIVACY POLICY AND THE USE OF YOUR PERSONAL INFORMATION AS STATED HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY AND THE USE OF YOUR PERSONAL DATA AS STATED HEREIN IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR HAPPIFY™ OFFERINGS.
We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Happify, Inc., 51 E. 12th St., 5th Floor New York, NY 10003 (United States of America).
To review Happify™’s GDPR Commitment, click here.
You also have the right to object, the right to data portability, and the right to withdraw consent at any time. An individual who seeks access, or who seeks to correct, amend, object to or delete inaccurate data transferred to the United States under Privacy Shield or would like to exercise any other right under the European General Data Protection Regulation (the “GDPR”), should direct their query to [email protected]. We will respond to such requests within a reasonable timeframe, and in any case within one month of receipt of the request.
Individuals have a right to lodge a complaint with the appropriate European Supervisory Authority, in particular in the EU Member State of his or her habitual residence, place of work or of an alleged infringement of the GDPR.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data.
For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual. We collect Personal Information from you primarily in three (3) ways:
In addition, when you access and/or use the Site and/or Happify™ Offerings, and based on our legitimate interest to improve the quality of the Happify™ Offerings, we may collect certain usage data, such as:
We also may collect information and responses you provide when participating in activities on the Site, which may include activity postings, survey responses, assessment responses and any other data you generate in using the Site and/or Happify™ Offerings (“User Responses”).
The Personal Information that you must supply on the Site in order to obtain access to the Happify™ Offerings may include, without limitation:
The Personal Information that you make available to Happify™ when you register via your Facebook® account, or utilize certain Happify™ Offerings in connection with your Facebook® account, may include, without limitation, depending on the privacy settings associated with your Facebook® account:
The Personal Information that you make available to Happify™ when you register via your Twitter® account, or utilize certain Happify™ Offerings in connection with your Twitter® account, may include, without limitation, depending on the privacy settings associated with your Twitter® account:
For purposes of this Privacy Policy, "Facebook" shall mean Facebook Inc. and "Twitter" shall mean Twitter, Inc. Facebook® is a registered trademark of Facebook Inc. Twitter® is a registered trademark of Twitter, Inc. Please be advised that Happify™ is not in any way affiliated with Facebook® or Twitter®, and the Happify™ Offerings are neither endorsed, nor sponsored, by Facebook® or Twitter®.
Providing The Services:
1. To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with customer service;
2. To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request other information about our Services;
3. To verify your information and provide related customer service;
4. To send you administrative information, such as changes to our terms, conditions and policies; and
5. To allow you to send messages to another person through the Services.
Providing You with Information About Our New Services and/or Marketing Materials And Facilitate Social Sharing:
1. To send you marketing related emails with information about our services, new products and other company news; and
2. To give you the ability and option for social sharing on your preferred platform.
Improving Our Services: We may use your personal information in order to improve our services.
Providing Personalized Services: To better understand your interests and preferences so we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
Aggregating And/Or Anonymizing Personal Information: We may aggregate and/or anonymize personal information so that it will no longer be considered personal information.
Accomplishing Our Business Purposes:
1. For data analysis to, for example, improve our efficiency;
2. For audits to verify that our internal processes function as intended and to address legal, regulatory or contractual requirements;
3. For fraud prevention and security monitoring to, for example, detect and prevent cyberattacks and identity theft;
4. For developing new products and services;
5. For enhancing, improving, repairing, maintaining or modifying our current products and services, as well as undertaking quality and safety assurance measures;
6. For identifying usage trends;
7. For determining the effectiveness of our promotional campaigns;
Disclosure Of Personal Information
Affiliates: We may share your data with our affiliates for the purposes described in this Privacy Policy. Note, however, that Happify does NOT sell personal information to third parties.
Partners: We may share your data with other companies, such as companies with whom we jointly offer products and services.
Third Party Service Providers: We may share personal information with certain service providers whose services and solutions complement, facilitate and enhance our own. These include hosting and server services, communications and content delivery networks (CDNs), data and cybersecurity services, performance measurement services, data optimization and marketing services, content providers and our legal and financial advisors. Such service providers may have access to personal information according to their particular roles and purposes.
Information You Share: Happify enables you to share your personal information with others, including healthcare providers, friends and contacts via social media, our app or other platforms. Please use caution when sharing your personal information with others. The information you share will be shared according to your instructions and actions, and we have no control over what happens with your information once you share it with others.
Other Uses and Disclosures Of Personal Information
Applicable Law: We may share personal information to comply with applicable law and regulations, which may include laws outside your country of residence.
Transaction, Liquidation: We may share personal information with third parties in connection with a transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or related or similar proceedings.
Public And Government Authorities, Law Enforcement: Where permitted or required by applicable data protection laws, we may disclose your personal information pursuant to a legal request or in compliance with applicable laws, if we have good faith belief that the law requires us to do so, with or without notice to you.
Protecting Rights and Safety: Where permitted or required by law, we may share your personal information with others if we believe in good faith that it will help protect the rights, property or personal safety of Happify, any of our users or any member of the general public, with or without notice to you.
If you post a Comment, Activity Post or otherwise provide Personal Information by and through the Interactive Services, the Site and/or any applicable Social Media Website, you should be aware that any Personal Information that you submit using such forums can be read, collected or used by other users of these forums (depending on your privacy settings, in the case of Social Media Websites), and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the Personal Information that you choose to submit in these forums. If you mistakenly post Personal Information in our public forums and would like it removed, you can send us an email to [email protected] to request that we remove it. In some cases, we may not be able to remove such Personal Information.
The Social Media Websites operate independently from Happify™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings on the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Further, by submitting Comments, Activity Posts and/or other material via the Interactive Services, the Site, the Services and/or Social Media Websites, you:
We use the information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services.
When providing our Services, we may use the following types of cookies and tracking technologies for the purposes set out below.
Cookies and local storage may be set and accessed on your computer. Upon your first visit to the Services, a cookie or local storage may be sent to your computer that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer's browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each Web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however, if you reject cookies, you will not be able to sign into the Services or take full advantage of our Services. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent.
To support our Services, we may use one or more of the following cookies for the purposes set forth below:
| Type of Cookie | Purpose |
|---|---|
| Analytics and Performance Cookies | These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here: Find out more information about Google Analytics cookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: Google Analytics Opt-out Browser Add-on |
| Essential Cookies | These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services. |
| Functionality Cookies | These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services. |
| Social Media Cookies | These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook® or Twitter®. The social network will record that you have done this. |
You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org/ and www.youronlinechoices.com/uk.
We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.
We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
When you use the Site, Happify™ Offerings, the Services, or Promotions, and based on our legitimate interest to improve them, we may collect location information either provided by a mobile device interacting with our Site or one of our applications, or associated with your IP address, where we are permitted by law to process this information.
Happify™ reserves the right to transfer and/or sell aggregate or group data about Happify™ users (including Usage Data not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Happify™ users as a group, without disclosing personally identifiable information.
One or more of our Apps may require that you be registered and signed in in order to use them. The information that we collect through your use of our Apps and tools will be treated as Personal Information under this Privacy Policy. When you download and install one of our mobile Apps onto your mobile device, we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. We use this random number in a manner similar to our use of Cookies as described in this Privacy Policy. Unlike Cookies, the random number is assigned to your installation of the App itself and not a browser, because the App does not work through your browser. Therefore, the random number cannot be removed through settings. If you do not want us to use the random number for the purposes for which we use Cookies, please do not use our mobile device Apps. Because some of the content on our mobile device Apps directs your mobile device to our website you will be exposed to the Cookies that we use and to third party Cookies that may be contained in advertisements that we do not control and will be unable to delete any of these Cookies with your mobile device. Therefore, if you do not want to be exposed to Cookies when you use your mobile device you should not use our mobile device Apps and you should set your mobile device to reject Cookies when you use our mobile optimized sites. Our use of Cookies and Web Beacons on our mobile optimized sites are similar to our use on our desktop sites. Your choices to reject Cookies are available on our mobile optimized site. If you have questions about how to reject Cookies on your specific device please check with the device manufacturer.
This Site may contain links to third-party owned and/or operated websites. Happify™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Happify™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit Personal Information (if any), and when we transmit such Personal Information, that information is encrypted and is protected with the appropriate current industry standard software that employs state-of-the-art, best-practice encryption methods and algorithms.
Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100%% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third-party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
The Services are operated in the United States of America. If you are located in another jurisdiction, please be aware that information you provide to us may be transferred to, stored and processed in the U.S.A. Except under Privacy Shield, by using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the U.S.A., a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Happify™ complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield.
Happify™ has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Happify™ is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU, UK and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Happify™’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Happify™ remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Happify™ proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Happify™ commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Happify™ by email at [email protected].
Happify™ has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/file-a-complaint/ consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Even after consenting to the Privacy Policy and Terms and Conditions, you may opt out of receiving e-mail advertising from us by following the instructions at the end of the applicable e-mail message or by sending us an e-mail at [email protected] and asking us not to send you e-mail advertising.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Happify™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Happify™ Offerings-related and inquiry response-related messages from Happify™, you must cease requesting and/or utilizing the Happify™ Offerings and cease submitting inquiries to Happify™, as applicable.
At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at [email protected]; provided, however, that we ask individual Members to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
User information provided to Happify™ will be retained in accordance with the strictest application of the laws of the governing authorities for the user’s primary place of residence. In the absence of applicable laws governing data retention, Happify™ will not retain data for more than 7 years beyond the date the user last logs in to Happify™.
Happify™ is committed to children's privacy. Happify™ does not knowingly permit any person less than 16 years of age to register directly for the Happify™ Offerings.
If Happify™ learns that Personal Information of persons under 16 years of age has been collected on the Site or through the Services without parental consent, then Happify™ will take appropriate steps to remove the information or maintain and use such information (in accordance with the other provisions of this Privacy Policy) in order to notify and obtain consent from the parent/guardian and/or for other purposes permitted under applicable law. If you are a parent or guardian and discover that your child under the age of 16 has a registered account with the Site without your consent, please alert Happify™ at [email protected] to either provide consent, request that we change your child’s account settings, or request that Happify™ remove the child’s Personal Information. Please provide the child’s name, address, and e-mail address.
CHILDREN BETWEEN THE AGES OF 13 AND 17 (“CHILD”) MAY BE PERMITTED TO USE THE SITE AND/OR HAPPIFY™ OFFERINGS UNDER THE TERMS OF A PLAN ESTABLISHED BY THE EMPLOYER OR HAPPIFY™ HEALTH PROGRAM COMPANY COVERING THEIR PARENT OR GUARDIAN. BY PERMITTING YOUR CHILD OR WARD TO USE THE SITE AND/OR HAPPIFY™ OFFERINGS YOU ARE CONSENTING TO THIS PRIVACY POLICY ON THEIR BEHALF. IN ADDITION, THE CHILD MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS.
IF YOU ARE THE EMPLOYER OR THE HAPPIFY™ HEALTH PROGRAM COMPANY, AND YOU REGISTER AN ACCOUNT FOR A CHILD, YOU REPRESENT AND WARRANT TO HAPPIFY™ THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD’S PARENT OR LEGAL GUARDIAN TO REGISTER THE CHILD FOR THE HAPPIFY™ OFFERINGS AND TO PROVIDE TO HAPPIFY THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD. You hereby agree to indemnify, defend and hold harmless Happify™ against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to
Happify™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Information changes, Happify™ will notify Members by:
You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
If you have any questions or comments about this Privacy Policy, please e-mail our Data Protection Officer at [email protected], or send a letter to: Happify, Inc., 51 E. 12th St., 5th Floor New York, NY 10003 (United States of America).
We have designated Rickert Rechtsanwaltsgesellschaft mbH as our representative in the European Union. If you would like to contact our representative, please e-mail [email protected], or send a letter to: Kaiserplatz 7-9, 53113 Bonn, Germany.
Happify, Inc. (“Happify™,” “we” or “us”) thanks you for visiting our website (the “Site”). The following Happify™ Website Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you:
The Happify™ Website Privacy Policy (“Privacy Policy”), the Happify™ Non-Disclosure and Confidentiality Agreement, other Happify™ operating rules, policies, price schedules (if any), Promotions rules and additional supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully.
YOU MUST AFFIRMATIVELY CONSENT TO USE OUR OFFERINGS, AND BY DOING SO, YOU CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES, CONTENT (AS THAT TERM IS DEFINED BELOW), PROMOTIONS OR SITE IN ANY MANNER OR FORM WHATSOEVER.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE YOU MUST AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
The Content appearing on the Site is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the Site is provided by third-parties. Happify™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the Site and/or Services.
Under our Privacy Policy, we will only process your Personal Information (as defined in the Privacy Policy) in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Happify, Inc., 51 E. 12th St., 5th Floor New York, NY 10003.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Services, Content, Site, Promotions, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same (collectively, “Happify™ Offerings”). The Agreement constitutes the entire and only agreement between you and Happify™ with respect to your use of the Happify™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Happify™ Offerings. Happify™ may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Happify™ Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Happify™ Offerings. By your continued use of the Happify™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that Happify™ is not responsible or liable in any manner whatsoever for your inability to use the Happify™ Offerings.
HAPPIFY™ IS NOT A MEDICAL OR HEALTH SERVICES ORGANIZATION PROVIDER OR FORUM, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SITE AND/OR SERVICES IS IN NO WAY INTENDED AS MEDICAL AND/OR PSYCHIATRIC ADVICE OR THERAPY, AND IS NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING OR TREATING MEDICAL AND/OR PSYCHIATRIC PROBLEMS OR CONDITIONS, NOR IS IT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHIATRIC TREATMENT AND/OR THERAPY. THE SITE AND SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SITE AND/OR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. ACCORDINGLY, WHILE COMMUNICATIONS BETWEEN YOU AND HAPPIFY™ ARE COVERED BY OUR PRIVACY POLICY, THEY ARE NOT PROTECTED BY PHYSICIAN-PATIENT PRIVILEGE OR DOCTOR-PATIENT CONFIDENTIALITY. ALL CONTENT AND MEMBER CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE SITE AND/OR SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN, PSYCHIATRIST, THERAPIST OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE SITE, THROUGH THE SERVICES OR OTHERWISE. USE OF THE SITE, SERVICES, CONTENT AND MEMBER CONTENT FEATURED THEREIN, IS AT YOUR OWN RISK. INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE AND/OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR PSYCHOLOGICAL DISORDER.
The Happify™ Offerings are not available to:
Initially, visitors to the Site may be offered a proprietary Happify™ “Happiness Assessment or “Track Recommender”.” Upon completion, Happify™ may invite the visitor to register on the Site to become a Member. Visitors also may register for membership or become members
Happify™ reserves the right, in its sole discretion, to deny membership, as well as any Happify™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the Happify™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; telephone number; user name and password; where you register via your Facebook® account, your: Facebook® ID; Facebook® profile name; Facebook® profile picture; education history (as included in your Facebook account); interests (as included in your Facebook® account); Facebook® photographs included in your Facebook® account; and any and all other information made available to Happify™ by and through your Facebook® account; where you register via your Twitter® account, your: Twitter® user ID; Twitter® profile name; Twitter® avatar; and any and all other information made available to Happify™ by and through your Twitter® account; information you submit or that we receive from your Happify Health Program Company when you access Happify™ through a program offered by such providers (such as, your GU I.D., employee or other employer-issued I.D., username, email address, telephone number); and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Happify™ will verify and approve all registrants in accordance with its standard verification procedures.
You can access your specific Member account on the Site using your user name and password or logging in via your Facebook® account and/or Twitter® account, as applicable and where authorized by Happify™, or through the Happify Health program. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify Happify™ of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”), unless you are accessing and using the Services through a program offered by a Happify Health Program Company, in which case the terms of payment, if any, will be established by the Happify Health Program Company. When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.
Happify™ agrees that it will terminate any paid or unpaid subscription to Services upon notice from the Member. A Member's right to use the Site is subject to any limits established by Happify™ or by the Member's credit card issuer, unless the Member is using the Site through a Happify Health Program Company when other payment terms may apply. If payment cannot be charged to a Member's credit card or a Member's charge is returned for any reason, including chargeback, Happify™ reserves the right to either suspend or terminate the Member's access and account, thereby terminating this Agreement and all obligations of Happify™ hereunder.
Happify™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where Happify™ believes that you are in any way in breach of the Agreement; and where Happify™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.
For purposes of the Agreement, "Facebook®" shall mean Facebook Inc. and "Twitter®" shall mean Twitter, Inc. Facebook® is a registered trademark of Facebook Inc. Twitter® is a registered trademark of Twitter, Inc. Please be advised that Happify™ is not in any way affiliated with Facebook® or Twitter®, and the Happify™ Offerings are neither endorsed, nor sponsored, by Facebook® or Twitter®.
Happify™ offers its Site and Services to various healthcare providers, health plans and/or other organizations and companies (collectively, “Happify Health Program Companies”). Members, employees, clients or customers (“Happify Health Program Clients”) of such Happify Health Program Companies may be subject to the payment terms provided by their Happify Health Program Company.
Happify™ offers a coaching program to a limited number of Happify™-Plus members. Eligible members will be able to work with coaches who will provide individualized support and guidance to enhance the Happify™ experience.
Participating members are entitled to one week of private coaching without charge. If the member elects to continue with private coaching after the free trial, the member must select a payment plan, either monthly, quarterly or yearly. The participating member selects a coach from the Happify™ coach directory. The member may use one coach at a time, but may change coaches at any time by selecting a new coach from the coach directory.
The coach will be available 5 days per week, Monday to Friday, and will respond to the user within 24 hours or the next business day if the communication is made on a Friday or before a holiday. The coach may be unavailable for 15 work days per year. If the coach should become permanently unavailable for any reason, the user will select another coach with comparable expertise.
All communications with coaches shall be through electronic means, primarily text messaging through the Happify™ iOS app or the Happify™ website messaging interface, or through posts on the user’s bulletin board.
All messages will be private, confidential and secure. The coach will be permitted to access the member’s user data, including happiness statistics, character strength assessment results, user posts and comments (public and private).
By participating in the coaching program, you are consenting to the disclosure of this information to any coach with whom you are working. The coach is under a duty to maintain the confidentiality of this information and any other personal information you share with the coach, and the coach may not disclose this information to anyone else unless under a legal requirement to do so.
Access to some sections of the Happify™ website or through certain Happify programs is free, but we charge for some of our products and services on a subscription fee basis. This Payment Policy applies to users who have purchased a Happify™ subscription plan to access Happify™ either online or through a mobile application.
Overview of Subscription Plans and Payments
We offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to your Membership page and the confirmation email that will be sent to you after your purchase.
We may from time to time, at our discretion, offer a 30-day trial period for the yearly and two-year subscription plans, and if you sign up under that offer, you will not be billed for the full term until the end of the 30-day trial period. Note that trial periods are not available with the mobile subscription plans. After the end of any trial period, our mobile and online subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; and if you purchase a yearly plan or two-year plan, you will be charged for the entire year or two-year term at the beginning of the term. You will also be able to cancel the yearly or two-year subscription within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments.
Lifetime Subscription Plans
Happify™ offers a Lifetime subscription plan. A Happify™ Lifetime subscription plan allows you to access the Happify™ services available at the time of your purchase for as long as those services are available. You may not assign a Lifetime subscription plan to any other person. Happify™ makes no warranties or representations that any of its services will continue to be available for any period of time, and in purchasing a Lifetime plan, you acknowledge and agree that the Happify™ services could change or terminate at any time in the future.
Refund Policy
Happify™ offers a 30-day, 100%% money - back guarantee for subscriptions made online at Happify.com for the yearly, two-year, and lifetime plans. The monthly plan is excluded from this offer as are subscriptions for mobile applications. You may receive a refund by contacting our Customer Service team within 30 days of your purchase. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your membership for any reason other than your breach of our terms. Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final, and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well.
Purchases of subscriptions made through the Google Play Store or our Android applications are final, and are not eligible for a refund. These purchases are subject to Google Play's terms and payment policy, and Google Play's policy may exclude refunds as well.
Renewals
All Happify™ subscriptions made online at Happify.com, except gift purchases, renew automatically using the payment details on file for your account. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee.
The date of automatic renewal of your subscription is shown on your Membership page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Membership page or by contacting our Customer Service team. Additionally, for annual and two - year subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account.
If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Membership page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.
Price Increases
Our prices may change in the future. We will notify you at the time of any price change, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
Payment Information
By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Happify™ Services.
Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register as Members shall have the opportunity to view all or some of the quizzes, tests, challenges and activities (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the Site and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Happify™, as well as Members, and other third - party content providers (“Third - Party Providers”). Happify™ does not control the Content provided by Members and/or Third - Party Providers that is made available by and through the Services and/or Site. Such Members and/or Third - Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Happify™ does not represent or warrant that the Content and other information posted by and through the Services and/or Site is accurate, complete, up to date or appropriate. You understand and agree that Happify™ will not be responsible for, and Happify™ undertakes no responsibility to monitor or otherwise police, such Content. You agree that Happify™ shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third - Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Happify™ Offerings.
If you would like to register a complaint, notify Happify™ of a dispute, notify Happify™ of any improper use of your Content or other information or notify Happify™ of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at [email protected].
Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 10 and 11 below, Members shall have access to the Happify™ Services. The Happify™ Services include a series of proprietary Happify™ Activities, challenges and other Content that are designed to empower Members to increase their level of happiness employing a broad range of skills. After a Member completes certain Activities, or attains a certain score in connection therewith, he/she may:
Please note, as disclosed in connection with certain “group” Activities, where a Member engages in a group activity, that Member’s participation may be published on the Site, to be viewable by all Members. Members are forbidden from posting website links, buttons, banner ads, co - registration paths, copy or processes for generating actions (“Links”) in any Activity Posts, and/or advertising third party products and/or services within the Happify™ Services. Happify™ reserves the right to prohibit any conduct by Members or remove any Activity Post from the Happify™ Services and/or Site at any time and for any reason, in Happify™’s sole discretion. The reasons for removal may include where Happify™ believes that the Activity Post is unsuitable for the Happify™ Services and/or Site for any reason including, without limitation:
You understand and agree that Happify™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Happify™ Services.
Subject to the terms and conditions of the Agreement including, without limitation, those contained in Sections 11 and 12 below, Members shall have access to the Interactive Services. The Interactive Services allow Members to communicate with other Members via comments sections and other interactive areas of the Site, as well as via applications and other features that may be made available by Happify™ on third - party social media venues such as Facebook® from time to time. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (“Comments”) posted by and through the Interactive Services. Members are forbidden from posting Links in any Comments, and/or advertising third party products and/or services within the Interactive Services. Happify™ reserves the right to prohibit any conduct by Members or remove any Comments from the Interactive Services and/or Site at any time and for any reason, in Happify™’s sole discretion. The reasons for removal may include where Happify™ believes that the Comments posted by a Member are unsuitable for the Interactive Services and/or Site for any reason including, without limitation:
You understand and agree that Happify™ shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Interactive Services.
As part of your use of the Site and Services, you may upload, post, distribute or disseminate, or send to us Member Content, including but not limited to, photographs, images you have taken, captions and comments, which we, at our discretion, may post on the Site. You hereby grant Happify™ an irrevocable, nonexclusive, transferable royalty - free worldwide right (including any moral rights) and license to use the Member Content on the Site and to promote and advertise the Site and Services in any way. In connection with the operation and promotion of the Site and Services, you agree that Happify™ has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Member Content, regardless of the medium, technology, or form in which it is used. For example, Happify™ may use the Member Content to promote the Site and Services as part of a book, screen option, demonstration or brochure.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Member Content. You are responsible for your own postings and are responsible for the consequences of your postings. You are solely responsible for your interactions with other Site - users including, but not limited to, Members and Third - Party Providers. Because we are not involved in Site - user interactions, in the event that you have a dispute with one or more Site - users, Members and/or Third - Party Providers, you hereby release Happify™ including, but not limited to, its officers, directors, members, shareholders, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Happify™ reserves the right, but has no obligation, to monitor disputes between you and other Site - users, Members and/or Third - Party Providers. The Services contain Comments and Activity Posts (collectively, “Member Content”) that is provided directly by Members. Those Members are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Member Content.
Happify™ does not represent or warrant that the Member Content posted by and through the Services and/or Site is accurate, complete or appropriate. You may find certain Member Content to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services and/or Site. You understand and agree that Happify™ shall not be liable to you, any end - users or any third party for any claim in connection with any Member Content.
Happify™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Site and/or Services. You agree to use the Site and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the Site and/or Services, you agree not to:
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Happify™. Happify™ reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
Happify™ may from time to time offer cash rewards to select Members for participating in the certain Services and completing activities as outlined on the Member’s Cash Reward page.
A Member may request payment equal to the cash balance of your Member account only as permitted by these Terms and Conditions. Redeeming your cash balance and receipt of any corresponding payment by you is contingent upon:
A Member may use only one Member account to participate in a cash reward program. Under no circumstances may a Member attempt to establish multiple accounts using multiple computers, names, or any program that masks the Member’s identity. All cash rewards are subject to review. Happify reserves the right to withhold, deny or cancel any cash rewards and/or terminate your Account if Happify, in its sole discretion, deems any cash rewards as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with our cash rewards program terms, this Agreement or any other applicable law or regulation. For avoidance of doubt, faking completion of activities on Happify for cash rewards, will be disqualified from participation in the cash rewards program and their Account will be terminated. Happify decisions are final.
As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the Happify™ Offerings and certain third - party Member Content in accordance with the Agreement. Happify™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Happify™, you may only use the Happify™ Offerings and third - party Member Content for your own personal use. No part of the Happify™ Offerings or third - party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Happify™ Offerings, third - party Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Happify™ Offerings and/or third - party Member Content. You may not use the Happify™ Offerings and/or third - party Member Content in conjunction with any other third - party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the Happify™ Offerings and/or third - party Member Content for any commercial purposes not expressly permitted by Happify™. You further agree to indemnify and hold harmless Happify™ for your failure to comply with this Section 14. Happify™ reserves any rights not explicitly granted in the Agreement. YOU AGREE THAT HAPPIFY™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND HAPPIFY™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF HAPPIFY™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. HAPPIFY™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND HAPPIFY™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND HAPPIFY™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT HAPPIFY™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR HAPPIFY™ OFFERINGS. FURTHER, YOU AGREE THAT HAPPIFY™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE HAPPIFY™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND HAPPIFY™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND HAPPIFY™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO HAPPIFY™.
All third - party Member Content and other material posted or made available by and through the Happify™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such Happify™ Offerings, is owned by, or licensed to, Happify™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Happify™ Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Happify™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Happify™ Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Happify™ Offerings by Happify™, any Member or any Third - Party Provider does not constitute a waiver of any right in or to such information and materials. Happify™ reserves all rights not expressly granted in the Agreement. The “Happify™” name and logo are trademarks of Happify™. All custom graphics, icons and service names are trademarks and/or copyrights of Happify™. All other trademarks are the property of their respective owners. The use of any Happify™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Happify™’s express written consent is strictly prohibited.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Happify™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Happify™ Offerings infrastructure. If you bypass or disable any portion of the Happify™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Happify™ systems, you are in violation of the Agreement and Happify™ may suspend or terminate your use of the Happify™ Offerings without notice. Termination of your access to the Happify™ Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
You agree to indemnify and hold Happify™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:
The provisions of this Section 17 are for the benefit of Happify™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THE HAPPIFY™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HAPPIFY™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HAPPIFY™ MAKES NO WARRANTY THAT THE HAPPIFY™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HAPPIFY™ PRODUCTS AND/OR SERVICES:
HAPPIFY™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPIFY™, ANY MEMBERS, THIRD - PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE HAPPIFY™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPPIFY™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPIFY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HAPPIFY™ ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR:
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE HAPPIFY™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF HAPPIFY™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE HAPPIFY™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HAPPIFY™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR HAPPIFY™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HAPPIFY™. ACCESS TO THE HAPPIFY™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER HAPPIFY™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS HAPPIFY™’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Happify™ Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third - Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use Happify™’s name and logo on their third - party websites. Happify™ does not control the information, products or services available on these third - party websites. The inclusion of co - branding and/or links does not imply endorsement by Happify™ of the applicable website or any association with the website’s operators. Because Happify™ has no control over such websites and resources, you agree that Happify™ is 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, Third - Party Providers featured on the Site, 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 Third - Party Provider, advertiser or other third - party, as applicable. You further agree that Happify™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Except where expressly provided otherwise by us in the Agreement, and subject to the Privacy Policy, all comments, content, information and/or materials that you submit through or in association with this Site and/or the Happify™ Offerings including, without limitation, the Member Content, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. By submitting such Member Content and/or materials to us, you, subject to the Privacy Policy:
Happify™ reserves the right to terminate the membership of any Member who repeatedly infringes upon third - party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Site and/or Services in a way that constitutes copyright infringement, you should provide Happify™ with the following information:
Contact information for Happify™’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
Happify, Inc
51 E. 12th St., 5th Floor New York, NY 10003.
The Agreement shall be treated as though it were executed and performed in New York, New York, U.S.A. and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the Happify™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by Happify™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in the City and County of New York, New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Happify™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Happify™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:
Happify™ makes no claim that the Site or the Happify™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the Happify™ Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the Happify™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Happify™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
To contact us directly with any questions or comments that you may have, send an email to [email protected]. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Happify™ Offerings or the practices of Happify™, please feel free to contact us at [email protected].