Welcome to www.HappyCures.com (“HappyCures.com” or “Site”), the web site that is a platform for online advice and professional consulting services. HappyCures.com is owned and operated by HappyCures, Inc. (“HappyCures”). The specific features and functionality of the Site are to be determined solely by HappyCures and are subject to change or termination without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between a user of HappyCures.com services (“you” or “Member”) and HappyCures Inc. By submitting the Member registration form, a binding agreement will be executed between you and HappyCures Inc. The Member should therefore read this Agreement carefully.
Definition of Service
HappyCures.com provides a platform where Members can locate an Expert and ask for advice or services. HappyCures will enable a Member to negotiate and communicate with Experts and to pay for services provided by such Experts. HappyCures makes no representation or warranty whatsoever as to (a) the willingness or ability of any Expert to give advice, (b) whether the Member shall find the advice given by an Expert satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question, or (d) whether the Expert advice will otherwise be suitable to his or her needs. HappyCures does not verify the skills, degrees, qualifications, credentials or background of any Experts. Therefore, Member is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Experts from whom he or she receives or contemplates to receive advice or services.
HAPPYCURES DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY EXPERTS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY EXPERT. HAPPYCURES DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS EXPERTS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY EXPERT LISTING. HAPPYCURES WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY EXPERT.
INTERACTIONS WITH MEDICAL OR MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER EXPERTS
IF A MEMBER CHOOSES TO INTERACT WITH ANY MENTAL OR MEDICAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL EXPERT ON THE SITE, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER EXPERTS) IS STRICTLY WITH THE PROFESSIONAL. HAPPYCURES IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH EXPERT.
THE ADVICE OR INFORMATION PROVIDED BY PROFESSIONAL EXPERTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE. WITHOUT LIMITING THE PREVIOUS STATEMENT, ADVICE OR INFORMATION PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR. MEMBERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIAN EXPERTS ON THE SITE. HAPPYCURES STRONGLY RECOMMENDS THAT A MEMBER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
HappyCures does not endorse or recommend any mental health professional, medical professional, physician, attorney or other professional or Expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician, attorney or other professional Expert with the applicable state licensing Board or authorities in the expert’s state or country.
Member acknowledges no Experts are employees or agents of HappyCures and HappyCures assumes no responsibility for any act or omission of any such Expert. Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Expert may have been accessed through the Site, HappyCures cannot predict or assess the competence of, or appropriateness for Member’s needs, of the professional or other Expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional, physician, attorney or other Expert through the Site and to continue to interact with the medical or mental health professional, physician, attorney or other Expert, and that the role of HappyCures is strictly limited to providing access to such professionals and other Experts and their services for Member’s consideration.
Member hereby releases and agrees to hold harmless HappyCures, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians, attorneys or any other Experts accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the medical or mental health professionals, physicians, attorneys and other Experts are solely their opinions, and not those of HappyCures. HappyCures does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys or other Experts. HappyCures does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
Member should independently verify the qualifications, experience and credentials of any Expert engaged by Member.
HappyCures.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, HappyCures.com operates bulletin boards pursuant to which Experts may answer questions regarding various topics. As noted above, HappyCures does not warrant the validity, accuracy, or availability of the content and Expert advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via HappyCures.com cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on HappyCures.com and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE LIABILITY.
Disclaimer of Warranty and Limitation of Liability
MEMBER ACKNOWLEDGES AND AGREES THAT THE HAPPYCURES.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS HAPPYCURES IN RESPECT TO HAPPYCURES’S EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER’S NEEDS. THE USE OF HAPPYCURES.COM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, HAPPYCURES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
HAPPYCURES EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF HAPPYCURES.COM, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS HAPPYCURES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. HAPPYCURES WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH HAPPYCURES.COM. THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER’S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL HAPPYCURES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. HAPPYCURES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH HAPPYCURES.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT HAPPYCURES DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD HAPPYCURES HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
HAPPYCURES WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH HAPPYCURES.COM, THE MEMBER HEREBY RELIEVES HAPPYCURES, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using HappyCures.com you will act according to the following rules and agree to the following:
Member will have the sole responsibility to verify the Expert’s identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert;
In addition, HappyCures cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts;
HappyCures is not involved in any transactions between Member and Expert. HappyCures does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Experts.;
Member agrees that any information or content that he or she posts or transmits or receives through HappyCures.com will not be considered confidential. Member grants HappyCures.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
All interactions between Member and Expert will be billed through HappyCures regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing HappyCures.com and to pay HappyCures for all services rendered to Member by Experts;
Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. HappyCures reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
Member will not to interfere with or disrupt the HappyCures.com servers or networks connected to the Site;
Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
Member will not disobey or breach this Agreement or any other applicable instructions conveyed by HappyCures;
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
HappyCures enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them;
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy; and;
HappyCures may review the Member’s personal profile and amend any typing or spelling errors. HappyCures cannot and will not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. However, HappyCures may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, HappyCures may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing HappyCures.com, including reliance on its accuracy, reliability or legality.
Charges, Rating the Professional, Refund and Cancellation Policy
HappyCures �platform allows Customers to post questions to Ayurveda and natural Professionals in subject-matter categories, facilitates communication with Professionals via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site is presented with one payment model: (1) Pay-Per-Question
Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site Access Benefits related to a single question. Once you have selected the price and paid the amount, your question may be posted on HappyCures.com
HappyCures.com does not guarantee that you will receive a response from a Professional, or that you will be satisfied with your communication with a Professional. For Pay-Per-Question Customers, in the rare instance that no Professional responds at all to your question or you do not accept an answer or request a refund within thirty (30) days, you agree that your payment may be retained by HappyCures.com in consideration for the Site Access Benefits received; and in the event that no Professional responds to your question, HappyCures.com will provide you with copies of or access to other previously asked questions and answers on HappyCures.com in a category related to your question
Refunds, Cancellations and Abuse. HappyCures takes customer satisfaction seriously.
If you aren�t happy with response provided by our expert network, you can ask for review.�� We will process your request in 5 working days and get your question answered by another expert in same specialisation.�� If you are still not satisfied, you may ask for full money refund emailing Customer Service. �Please check your My Questions page before requesting a refund to make sure you have viewed the most up-to-date responses to your question..
If HappyCures.com believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, HappyCures.com will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. HappyCures.com will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
User Name and Password
When you, the Member, create and open an account with HappyCures, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify HappyCures of any unauthorized use of Member’s password, user name, e-mail, or any other breach of security. HappyCures encourages Member to change their password at least once a month. HappyCures will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by HappyCures due to someone else’s use of your account or password.
Member does not have to furnish the information required for registration to HappyCures.com. However, without that information Member will not be able to use the services of HappyCures.com. HappyCures Inc. is the sole owner of the information collected on this Site. HappyCures will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that HappyCures may collect, process, and transfer any information, private or otherwise, so long as HappyCures does so for the purpose for which it was collected.
In order to use HappyCures.com, both Members and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on HappyCures.com in which he or she has expressed interest, and is also used as Member’s login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so HappyCures may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member during the registration process will be kept in HappyCures’s database. HappyCures will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and HappyCures will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database. Member consents to HappyCures collecting and processing Member’s personal information for normal business use by HappyCures.
HappyCures does not screen or edit the content of communications between Experts and Members, but HappyCures may copy, transmit and review communications conducted by or through HappyCures.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). Currently, chat communications between the Member and HappyCures’s servers are encrypted. Chat communications between the Expert and HappyCures’s servers are also encrypted, but only if the Expert is using the most current version of HappyCures’s software. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
HappyCures makes public bulletin boards available to its Members. The Public Boards allow Members to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. A Member can also determine the length of time he or she wishes to have his or her question remain “in view” on the Public Board. All postings, descriptions, etc. on the Public Board are public until Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other HappyCures Members and Experts, and are confidential between Expert and Member. Chat and e-mail communications between Members and Experts are stored on HappyCures servers for a certain amount of time and available for review by Experts and, if a paid session, by Members.
HappyCures Use of Data.
HappyCures uses IP addresses to analyze trends, administer the site, track a Member’s movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member’s experience when using the Site. HappyCures may also retain any emails, letters, or other correspondence between the Member and HappyCures to ensure quality control and the best possible service, although it has no obligation to do so.
HappyCures may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through HappyCures.com, in order to improve HappyCures.com, to analyze statistical information regarding HappyCures.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
HappyCures may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to ‘opt-out’ of having his or her information used for purposes not directly related to HappyCures.com at the point when HappyCures asks for such information. HappyCures’s registration form has an ‘opt-out’ mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to ‘opt-out’ by following the appropriate procedure from within the Member’s HappyCures account.
Ratings and testimonials provided by Members on HappyCures.com are public and are identified by the Member’s Screen Name. If the Member elects to use HappyCures’s referral service for informing a friend about the Site, HappyCures asks the Member for the friend’s name and email address. HappyCures will automatically send the friend a one-time email inviting them to visit the Site. HappyCures stores this information for the sole purpose of sending this one-time email. The friend may contact HappyCures to request the removal of this information from its database.
HappyCures reserves the right to partner with another party to provide specific services. When the Member signs up for these services, HappyCures will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
HappyCures may, in its discretion, create co-branded web sites with its partners. In such case, the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by HappyCures. HappyCures does track and record an affiliate web site from which a visitor has linked to HappyCures.com. If a visitor registers to become an Expert and/or a Member, HappyCures may track the partner website’s name in order to further the relationships HappyCures has with its affiliates.
If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires HappyCures’s service, HappyCures will endeavor to provide a way to correct, update or opt-out of any of HappyCures’s services. This can usually be done from within the Member’s HappyCures account, or by emailing our customer support.
HappyCures may include in HappyCures.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that HappyCures is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of HappyCures.com
HappyCures reserves the right to modify or discontinue, temporarily or permanently, the services in HappyCures.com, with or without notice to Member. Member agrees that HappyCures shall not be liable to Member or any third party for any modification or discontinuance of HappyCures.com’s services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
HappyCures’s services depend on various factors such as software, hardware and communications networks of HappyCures, its contractors and suppliers. Hence, HappyCures cannot guarantee that HappyCures.com’s service will be uninterrupted or that it will be timely, secure or error-free.
HappyCures, in its sole discretion and for any reason, may terminate Member’s participation in HappyCures.com and refuse any and all current or future use by Member of HappyCures.com.
HappyCures is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in HappyCures.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
HappyCures.com contains copyrighted material, trade secrets and proprietary information owned by HappyCures. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of HappyCures.com. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of HappyCures. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in HappyCures.com.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of HappyCures’s and HappyCures.com, or take any other action that infringes upon or impairs HappyCures’s trademark rights.
HappyCures shall retain all ownership in and to HappyCures.com and all content displayed on HappyCures.com, including copies of data transferred or received by Member through the Site.
HappyCures respects the intellectual property of others, and we ask our users to do the same.
HappyCures may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HappyCures’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HappyCures’s Copyright Agent for Notice of claims of copyright infringement can be reached at [email protected]
HappyCures grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
Member shall indemnify, defend and hold harmless HappyCures, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against HappyCures or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to HappyCures.com or transmitted through it, and/or any content on Member’s Web site or otherwise provided by Member.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of HappyCures. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
HappyCures may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Illinois. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between HappyCures and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by HappyCures with respect to the subject matter except as set forth herein. HappyCures.com services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Member may report any violation of this Agreement to HappyCures’s service department.