Date of Last Revision: September 14, 2021
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES.
These website terms of use (“Site Terms”) apply to your access to, and use of, Hapbee Technologies, Inc.’s (“Hapbee”) website that is located at www.hapbee.com/, all associated websites linked to www.hapbee.com/ by Hapbee or its affiliates, and any other website or mobile site that links to these Site Terms (each a “Site” and collectively the “Sites”) or any Hapbee products, software or services (“Hapbee Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Hapbee, or its subsidiaries or affiliates, for products, services or otherwise.
Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.
1. CHANGES
Hapbee may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites. Hapbee reserves the right to withdraw or amend the Sites, and any services or materials it provides on the Sites, in its sole discretion without notice. Hapbee will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time-to-time Hapbee may restrict access to some parts of the Sites, or all of the Sites, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Sites.
- Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.
2. PRIVACY POLICY
Your privacy is important to Hapbee. Hapbee’s Privacy Policy describes how Hapbee collects, uses, and discloses information. To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with this Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy https://hapbee.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such 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 to not provide any other person with access to this Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any use name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. HAPBEE SIGNAL CATALOGUE
The Hapbee Signal Catalogue will contain the initial set of Hapbee signals, plus any new ones that are released into the membership's Signal Catalogue. Hapbee may, at its discretion in the future, offer individual signals at a price lower than the monthly membership or offer a limited number of premium signals outside of the membership Signal Catalogue.
4. SITE MATERIALS
The Sites and all content and other materials on the Sites — including, without limitation, Hapbee’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Hapbee or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.
These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:
Your computer or your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those material.
You may store files that are automatically cached by your Web browser for display enhancement purposes
.You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use, for any commercial purposes, any part of the Sites or any services or materials available through the Sites.
Access, use or exploit the Hapbee Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Hapbee or the Hapbee Service.
Violate any applicable law or regulation.
Encourage or enable any other individual to do any of the foregoing.
You will not use Hapbee for any fraudulent or unlawful purposes.
Download and/or install any third-party software and/or application on any
Hapbee equipment that is not expressly permitted by Hapbee in writing.
Attempt to test the vulnerability of any Hapbee equipment or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hapbee or any of Hapbee’s providers or any other third party (including another user) to protect the Hapbee Service or Content.
Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Hapbee Service.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation relating to Hapbee.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Hapbee Services or Content.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Hapbee Service.
Collect or store any personally identifiable information from Hapbee and from other users of the Hapbee Service without their express permission.
Copy, use, index, disclose or distribute any information or data obtained from the Hapbee Service, whether directly or through third parties (such as search engines), without Hapbee expressed written consent.
Alter, replicate, store, distribute or create derivatives from the Content available via the Hapbee Service except as expressly permitted in writing by Hapbee.
Impersonate or misrepresent your affiliation with any person or entity.
Access, use or exploit the Hapbee Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Hapbee or the Hapbee Service.
Violate any applicable law or regulation, or
Encourage or enable any other individual to do any of the foregoing
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: info@hapbee.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Hapbee. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. MEMBERSHIP REGISTRATION
To enjoy full access to the services of Hapbee, you must register as a member of the Hapbee Community and enter into a subscription agreement for access to Hapbee content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate information during registration for Hapbee, complete the Subscription process, and notify us if any of your information changes. Failure to keep your account information up to date, we may suspend or terminate your Subscription.
You must be 18 years old and over to register as a member of the Hapbee Community for access to Hapbee contents and features. Hapbee Services are not intended for the use of children under 18 years of age. Please see our Privacy Policy regarding Children under 18 years of age, for more information.
You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Hapbee’s sole discretion).
You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Hapbee. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
6. Membership Structure and Fees
Hapbee will provide on its membership and Subscription requirements on the Hapbee website and/or by other means through the Hapbee Mobile Application. Features and prices are subject to change.
SALE OF PRODUCTS
Hapbee accepts orders for the Hapbee’s wellness equipment, apparel, and accessories that we may offer through the Hapbee website. Unfortunately, availability of products cannot be guaranteed. Please note that product, services, and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles, and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the Hapbee website or to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about Hapbee products.
7. YOUR USE OF THE SITES AND SITE MATERIALS
Your right to access and use the Sites is always subject to these Site Terms and is solely for your informational, non-commercial, and personal use.
You are not allowed to (directly or indirectly):
(a) resell or otherwise make commercial use of the Sites or the Site Materials.
(b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof.
(c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials.
(d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof.
(e) use data mining, robots or similar data gathering or extraction methods on any of the Sites.
(f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites.
(g) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system.
(h) remove or alter any proprietary notices or labels on or in the Sites.
(i) use the Sites to directly or indirectly develop any product or service that competes with the Sites.
(j) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites.
(k) use the Sites or the Site Materials other than for their intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without Hapbee’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
8. Hapbee Community Forum
Hapbee does not monitor the Hapbee Community Forum (“Forum”). Members may access and share their content on the Forum, such as comments and pictures, in way that it does not violate the right of any other member, is against the law, or that is offensive, obscene or otherwise objectionable (in Hapbee’s sole discretion). Members retain all rights to the content they post on the Forum. By publishing your content and making it available on or through the Forum, you hereby grant to Hapbee a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute the content, in whole or in part, including your name and likeness, in any media.
Hapbee Members represent and warrant that their content, the use, and their use of Hapbee will not:
infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
be fraudulent, false, misleading, or deceptive.
be defamatory, obscene, pornographic, vulgar, or offensive.
promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
be violent or threatening or promote violence or actions that are threatening to any person or entity, or
promote illegal or harmful activities or substances.
As a member of the Forum, you further agree not to
upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content.
use or attempt to use another user’s account without authorization, or impersonate any person or entity.
harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications.
post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or use the Hapbee in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying Hapbee equipments, or which may expose us or our users to any harm or liability of any type.
9. HYPERLINKS TO THE SITES
You may link to the Hapbee homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Sites may provide certain social media features that enable you to:
Link from your own or certain third-party sites to certain content on the Sites.
Send emails or other communications with certain content, or links to certain content, on the Sites.
Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by Hapbee solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Site that is not owned by you.
Cause the Sites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. You may create text hyperlinks to the Sites for noncommercial purposes, provided such links do not, directly or indirectly, (a) portray Hapbee or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
10. THIRD PARTY PRODUCTS AND SERVICES
Hapbee may provide third party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party Sites and other third-party content, products, or services on the Sites (collectively, “Third Party Products and Services”). Hapbee does so for your convenience only, and does not control, endorse, or make any representations or warranties regarding any Third-Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third-Party Products and Services is at your own risk and that Hapbee is not responsible or liable in any manner for any such Third-Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third-Party Products and Services.
11. TRADEMARKS
The terms HAPBEE® and the Bee Design Mark are registered with the United States Patent and Trademark Office, Registration Nos. 88472835 and 88343243, respectively. and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Sites are the trademarks of their respective owners.
12 COPYRIGHT INFRINGEMENT
Reporting Claims of Copyright Infringement
At Hapbee, we take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the"Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Brian Mogen
Hapbee Technologies, Inc.
info@hapbee.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated agent to receive Counter Notices is:
Brian Mogen
Hapbee Technologies, Inc.
info@hapbee.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
13. SAFETY WARNINGS
Refer to the User Guide and safety information provided before using Hapbee products. Use Hapbee products as directed in the instructions provided in the User Guide. If unexpected reactions occur because of Hapbee products you should immediately discontinue usage.
Medical disclaimer
Hapbee IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. We are not responsible for any health problems that may result from recommendations, activities, or other information or events you learn or experience through the use of the Hapbee App or website. Therefore, for any products or services recommended on this website, you should read carefully all product packaging and instructions you purchase or intend to purchase. YOU AGREE THAT YOU USE HAPBEE AT YOUR OWN RISK. Information provided on this website and the use of any product or service from our website by you DOES NOT create a doctor-patient relationship between you and any of the physicians or health professionals affiliated with our website. Moreover, information and statements regarding devices’ safety discussed herein have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat or cure any disease.
Do not use
The use of Hapbee equipment is contraindicated for people with pregnancy, epilepsy, bleeding, implanted metals, and pacemakers. The safety of Hapbee equipment has not been established in pregnancy, although there is no evidence of harm. Most manufacturers warn against the use of their device during pregnancy. You should use Hapbee with caution in grave’s disease or in the case of active bleeding. Do not use while consuming alcohol, driving, or operating machinery of any kind. Keep this product away from children. Scientists have not tested this device on children.
Adverse reactions
The low-energy frequency generated by Hapbee equipment imitates similar effects of energy designed to help influence how you feel. All reactions tend to diminish relatively quickly with continued use. Consequently, if the adverse reactions are intolerable, you can lessen them by making some small changes to your protocols. These changes include decreasing treatment times and limiting the amount of the body that is being treated.
Note
Hapbee equipment are not a substitute for a healthy lifestyle or for professional medical care.
Keep guide with your device.
14. WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPBEE IS PROVIDING THE SITES AND THE SITE MATERIALS ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. HAPBEE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. HAPBEE TECHNOLOGY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. HAPBEE TECHNOLOGY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF HAPBEE’S LICENSORS. YOUR SOLE REMEDY AGAINST HAPBEE OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HAPBEE, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM HAPBEE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HAPBEE’S RECORDS, PROGRAMS OR SERVICES, AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPBEE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAPBEE FOR ACCESS TO OR USE OF THE SITES.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Hapbee, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.
17. APPLICABLE LAW AND VENUE ARBITRATION
These Site Terms and your use of the Sites will be governed by the laws of the Province of British Columbia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of Canada or the courts of the Province of British Columbia in each case located in Vancouver, British Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Class Action Waiver
IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
YOU AND HAPBEE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
Geographic Restrictions
The owner of the Website is based in the Vancouver, British Columbia, Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
18. TERMINATION
Hapbee reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials if Hapbee believes you’re violating these Site Terms or any laws, rules, or regulations. Hapbee also reserves the right, at any time, to modify the Sites or the Site Materials, or any portion thereof. You agree that Hapbee won’t be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof.
19. GENERAL PROVISIONS
You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Hapbee products, services or technology, either directly or indirectly, in violation of such applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that Hapbee has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Site Terms. Hapbee’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Hapbee will have effect unless such waiver is in writing, and signed by Hapbee. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Hapbee with regard to the matters described in these Site Terms.
20. YOUR COMMENTS AND CONCERNS
This website is operated by Hapbee Technologies, Inc., Suite 2250, 1055 W. Hastings St., Vancouver BC, V6E 2E9.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@hapbee.com