Terms & Conditions
The following Terms of Use are entered into between you and Happy Day ("Company", "us" or "us").
The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Happy Day Website www.happydayamerica.com, including any content, functionality and services offered on or through happyday.com.br (the "Site"), either as a guest or as a registered user.
Please read the Terms of Use carefully before starting to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and respect these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporated by reference in this document, you must not access or use the Site.
This Site is offered and available to users 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to sign a binding contract with the Company and meet all previous eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
CHANGES TO TERMS OF USE
We may revise and update these Terms of Use from time to time, in our sole discretion. All changes take effect immediately when we publish them and apply to all accesses and uses of the Site thereafter. Your continued use of the Site after the publication of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so that you are aware of any changes, as they are binding on you.
PRIVACY
Your use of the Site is also subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Your agreement to the Privacy Policy is incorporated into these Terms of Use.
LEGAL NOTICE
Your use of the Site is also subject to the company's disclaimer. Please review our Legal Notice, which also governs the Site and informs users of various limitations in relation to the information provided on the Site. Your agreement to the disclaimer is incorporated into these Terms of Use.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or change this Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be responsible if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
To access the Site or some of the features it offers, you may be asked to provide some registration details or other information. It is a condition of your use of the Site and any resources downloaded from the Site that all information provided on the Site is correct, current and complete. You agree that all information you provide to register on this Site or otherwise, including, without limitation, the use of any interactive features on the Site, is governed by our Privacy Policy, and you agree to all actions we take in relation to your site. information consistent with our Privacy Policy.
If you choose, or receive a username, password or any other information as part of our security procedures, you must treat this information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide anyone else with access to this Site or parts of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access or use of your username or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You must be especially careful when accessing your account from a public or shared computer so that others cannot see or register your password or other personal information.
We have the right to disable any username, password or other identifier, chosen by you or provided by us, at any time and in our sole discretion, for any or no reason, including if, in our opinion, you violate any provision of the these Terms of Use.
NO ILLEGAL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
You receive a non-exclusive, non-transferable and revocable license to access and use the Site and the resources available for download on the Site strictly in accordance with these Terms of Use.
As a condition of your use of the Site, you warrant to the Company that you will not use the Site or any of the features available for download from the Site for any purpose that is illegal or prohibited by these Terms. You may not use the Site or any of the features available for download from the Site in any way that could damage, disable, overburden or impair the Site or interfere with the use and enjoyment of the Site by third parties. You may not obtain or attempt to obtain any material or information by any means that has not been intentionally made available or provided through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as its compilation and any software used on the Site, is owned by the Company or its suppliers and is protected by copyright and other laws. that protect intellectual property and property rights. You agree to observe and comply with all copyright and other proprietary notices, captions or other restrictions contained in any such content and will not make any changes to them.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or, in any way, exploit any content, in whole or in part, found on the Site or any of the resources available to download from the Site .
Company content is not for resale. Your use of the Site or any of the features available for download from the Site does not give you the right to make any unauthorized use of any protected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any contents. You will use protected content solely for your individual use and will not make any other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of the Company or our licensors, except as expressly authorized by these Terms.
The company name, company logo, company slogan and all related names, logos, product and service names, designs and slogans are registered trademarks of the Company or its affiliates or licensees. You must not use these marks without the Company's prior written permission. All other names, logos, product and service names, designs and slogans on this Site are trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set out in more detail in the Legal Notice, the information contained on this Site and the resources available for download through this Site are for educational and informational purposes only. The information contained in this Site and the resources available for download through this Site are not intended and should not be understood or interpreted as legal, financial, tax, medical, health or any other professional advice.
PRECISION AND PERSONAL RESPONSIBILITY
As more fully set out in the Disclaimer, we have done our best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees will be liable for any errors or omissions on this Site or for any damage you may suffer as a result of not seeking competent advice from a professional who is familiar with your situation.
By using this Site, you accept personal responsibility for the results of your actions. You agree to assume full responsibility for any damage or harm suffered as a result of using or not using the information available on this Site or the resources available for download on this Site. You agree to use judgment and exercise due diligence before taking any action or implementing any plans or policies suggested or recommended on this Site.
THERE ARE NO GUARANTEES AS TO RESULTS
As more fully set out in the Legal Notice, you agree that the Company has made no warranty as to the results of any action, whether recommended on this Site or not. The Company provides educational and informational resources designed to help users of this Site to be successful. You, however, acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation and countless other circumstances beyond the Company's control and / or knowledge.
You also acknowledge that previous results do not guarantee a similar result. Thus, the results obtained by others - whether customers of the Company or otherwise - applying the principles set out on this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
E-MAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Site or sending e-mails to the company constitutes electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be made in writing.
We will be delighted to communicate with you by email, and there are several locations on this Site that allow you to send an electronic communication to the company. Any e-mail or other electronic communication, however, does not create a business relationship or any contractual relationship. As set out more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and we cannot guarantee that we would not be required to disclose such communications as a result of a communication. court order.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin boards, chat areas, newsgroups, forums, communities, personal pages, calendars, blog comment sections and / or other communication facilities or messages designed to allow communication with the public at any time. general or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and materials that are appropriate and related to the specific Communication Service.
By way of example, and not as a limitation, you agree that by using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or violate the legal rights (such as privacy and publicity rights) of third parties. ; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or illegal topic, name, material or information; upload files containing software or other material protected by intellectual property laws (or by publicity privacy rights), unless you own or control the rights or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or program that could damage the operation of someone else's computer; advertise or offer to sell or buy any goods or services for any commercial purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chains; download any file posted by another user of a Communication Service that you know, or reasonably should have known, that cannot be legally distributed in this way; falsify or exclude any author assignments, legal notices or other appropriate notices or proprietary designations or labels of the origin or source of the software or other material contained in a file that is uploaded, restrict or prevent any other user from using and enjoying the Communication Services ; violate any code of conduct or other guidelines that may apply to any specific Communication Service; harvest or collect information about others, including email addresses, without their consent; Violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any material in its sole discretion. The Company reserves the right to terminate its access to any or all of the Communication Services at any time, without prior notice, for any reason.
The Company reserves the right, at any time, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to publish or remove any information or materials, in the aggregate. or in part, at the sole discretion of the Company.
Always exercise caution when providing personally identifiable information about yourself in any communication service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with respect to the Communication Services and any actions resulting from its participation in any Communication Service. Managers and hosts are not authorized to speak for the Company, and their views do not necessarily reflect those of the Company.
Materials sent to a Communication Service may be subject to limitations on use, reproduction and / or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE SITE
The Company does not claim ownership of the materials you provide to the Site (including comments and suggestions) or publish, send, insert or send to any Site or our associated services (collectively "Submissions"). However, by publishing, submitting, inserting, supplying or submitting your Submission, you grant the Company, our affiliated companies and the necessary sub-licenses permission to use your Submission in connection with the operation of your business on the Internet, including, without limitation, rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided in this document. The Company has no obligation to publish or use any Submission that you may provide and may remove any Submission at any time, at the Company's sole discretion.
By posting, uploading, inserting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all rights in your Submission, as described in this section, including, without limitation, all rights necessary for you to provide ,, upload, insert or send submissions.
LINKS TO THIRD PARTY SITES AND SERVICES
The Site may contain links to other sites ("linked sites"). The linked websites are not under the control of the Company and the Company is not responsible for the content of any linked website, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site Company or any association with its operators.
Certain services made available through the Site are provided by third party websites and organizations. By using any product, service or functionality from the Site, you acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality. on behalf of the Site's users and customers.
USE OF TEMPLATES AND FORMS
The Company provides various models and / or forms for downloading and / or selling on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and / or forms for personal or internal business use. Unless otherwise stated, you acknowledge and agree that you do not have the right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the models and / or forms in any way . , except for modifications in filling out the templates and / or forms for your authorized use.
By ordering or downloading the Forms, you agree that the Forms purchased or downloaded may only be used by you for your personal or commercial use and may not be sold or redistributed without the express written consent of the Company.
USE OF PAID COURSES, PROGRAMS AND ASSOCIATED MATERIAL
The Company, from time to time, offers various courses, programs and material associated with the sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs and associated material (collectively, the "Courses") for your personal or internal company use. Unless otherwise specified, you acknowledge and agree that you do not have the right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Courses in any way.
By ordering or participating in Courses, you agree that Courses purchased or downloaded may only be used by you for your personal or commercial use and may not be sold or redistributed without the Company's express written consent.
When ordering or participating in Courses, you also agree not to create any derivative work based on the Courses and you must not offer competing products or services based on any information contained in the Courses.
USE OF FREE CONTENT TO DOWNLOAD
The Company provides a number of features on this Site, which users can access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the "Freemium Content") for your personal or internal use. Unless otherwise stated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit any Freemium Content in any way.
By downloading Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or commercial use and may not be sold or redistributed without the Company's express written consent.
By downloading the Freemium Content, you also agree not to create any derivative work based on the Freemium Content and you must not offer competing products or services based on any information contained in the Freemium Content.
GUESTS
The Company may, from time to time, provide information from third parties in the form of interviews with guests from podcasts, interviews on other platforms, blog posts from guests or other means. The Company does not control the information provided by such third parties, is not responsible for investigating the accuracy of any information provided, and cannot guarantee the accuracy of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in such interviews to the Company and to provide a license for any rights they cannot assign.
MONEY RETURN GUARANTEE
We want you to be satisfied with your purchase, but we also want you to do your best to apply all the strategies of the course. We offer a 30-day refund period for purchases. However, in order to qualify for a refund, you must provide proof that you have done the work on the Course and that the Course has not yet worked for you. Please note that if you select the multiple payment option, we will not be able to stop payments without submitting a refund request.
For any purchase, you must claim your money back within 30 days of purchase. You can claim your money back by sending an email to [fill in]. This email should contain information about the product you purchased, the date of purchase and the email and name associated with that purchase. You must also demonstrate that you have tried to implement the program without success.
When determining that you are entitled to a refund under this policy, the Company will immediately issue an instruction to your payment processor to issue the refund. The company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund for any purchase under this money-back guarantee, it must immediately terminate any and all licenses granted to you to use the material provided to you under these Terms of Use or any other agreement. You must immediately stop using the material and must destroy all copies of the information provided, including, without limitation: video recordings, audio recordings, forms, model documents, slide shows, member areas, limited closed social media groups paying members and other Resources.
NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR FUNCTIONING OF THIS SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS OR SERVICES INCLUDED IN THIS SITE OR THROUGH THIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLUTE THE COMPANY FROM ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCURRATE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE AND / OR RESOURCES YOU MAY TRANSFER FROM THIS SITE. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY KIND OF DAMAGE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITATIVE OR CONSEQUENTIAL LOSS OR DAMAGE TO THE USE OF THIS SITE.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED OR AVAILABLE ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE. THE COMPANY AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND / OR ITS SUPPLIERS ARE NOT RESPONSIBLE FOR THE CONVENIENCE, RELIABILITY, AVAILABILITY, OPPORTUNITY, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OF THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND / OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A TERMS, .
AS SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
ARBITRATION
You hereby expressly waive any and all claims that you may have, now or in the future, arising from or related to this Site, the Company, any and all contracts entered into with the Company, and any and all products and Services.
To the extent that you attempt to state any claim, you expressly agree to submit such claim only through binding arbitration to take place in Belém, Pará. You also agree and waive any right to class arbitration and, instead, agree to conduct an arbitration relating solely to any individual claims that you and / or any entity related to you have against the Company. To the fullest extent permitted by law, you also agree that you will be responsible for all costs associated with initiating the arbitration and administering the arbitration.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company at our offices in Brazil. If you access the Service from a location outside of Brazil, you are responsible for compliance with all local laws. You agree that you will not use Company Content accessed through the Site in any country or in any way prohibited by any applicable laws, restrictions or regulations.
INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, responsibilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any third party rights, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with the Company in the defense of any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Site and related services or any part of it at any time, without prior notice. To the maximum extent permitted by law, and you agree to resolve any and all disputes arising out of or related to this Site or the Terms of Use in accordance with the Arbitration Clause above. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The performance of this contract by the Company is subject to existing laws and legal processes, and nothing contained in this contract is in derogation from the Company's right to comply with governmental or judicial requirements, or legal requirements related to your use of the Site or information. provided or collected by the Company in connection with such use. If any part of this agreement is found to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set out above, the invalid or unenforceable clause will be deemed to be replaced by a valid and not applicable clause. .
INTEGRAL AGREEMENT
Unless otherwise specified in this document, this agreement, together with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Site and supersedes all previous or contemporary communications or proposals, whether electronic, oral or written. the user and the Company in relation to the Site. A printed version of this agreement and any notification given in electronic format will be admissible in legal or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as other commercial documents and records originally generated and maintained in force. printed. It is the express wish of the parties that this contract and all related documents be written in Brazilian Portuguese.
CHANGES IN TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will replace all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
Happy Day welcomes your questions or comments regarding the Terms and Conditions.
Happy Day
Email address:
contato@happydayamerica.com
Effective from [fill in]