Terms of Service

Terms of Service

Terms of Service

By using www.happybuyingbrain.com (“Service”), or any services of Happy Buying Brain, LLC (“Happy Buying Brain”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Happy Buying Brain reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While Happy Buying Brain prohibits such conduct and Content on the Service, you understand and agree that Happy Buying Brain cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

ACCOUNT TERMS

  1. You must be 16 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you wish within the System.
  5. You are responsible for maintaining the security of your account and password. Happy Buying Brain cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by users whom you have given usernames.)
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

  1. A valid credit card is required for any paying accounts. Trial accounts are required to provide a credit card number but will not be charged until the trial period has expired.
  2. If you initially sign up for a Demo or Trial account, you will be billed following your free trial period and will be charged the prorated amount for the remainder of that current month.
  3. Any services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any upgrade or downgrade in user level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your user count may cause the loss of Content, features, or capacity of your Account. Happy Buying Brain does not accept any liability for such loss.

COPYRIGHT AND CONTENT OWNERSHIP

  1. All content posted on the Service must comply with Canadian copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service or the data that you receive from third party providers. However, Happy Buying Brain reserves the right to view your data and all clients’ data in aggregate form and use the aggregate data as Happy Buying Brain sees fit. This in no way allows Happy Buying Brain to ever sell or share your specific data with any other entity.
  3. Happy Buying Brain does not pre-screen Content, but Happy Buying Brain and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright © 2018 Happy Buying Brain, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Happy Buying Brain.

GENERAL CONDITIONS

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email at felix@happybuyingbrain.com.
  3. You understand that Happy Buying Brain uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Happy Buying Brain, or any other Happy Buying Brain service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Happy Buying Brain.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Happy Buying Brain customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. Happy Buying Brain does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that Happy Buying Brain shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Happy Buying Brain has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of Happy Buying Brain to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Happy Buying Brain and govern your use of the Service, superseding any prior agreements between you and Happy Buying Brain (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be emailed to felix@happybuyingbrain .