If you create an account for use with a How Happy Is service, you are responsible for providing accurate information about yourself, including your email address, mobile phone number and billing information if applicable. You are also responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection to it. You must immediately notify How Happy Is of any unauthorized uses of your account or any other breaches of security. How Happy Is will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Your use of How Happy Is services may include the sending and/or receiving of SMS text messages. You understand that such messages are sent and received at standard text message rates and are subject to your agreement with your mobile carrier. Use of How Happy Is services may also include the use of data service which may incur charges to you subject to your agreement between you and your service provider. You will not hold How Happy Is responsible for any costs of any kind incurred as a result of using a How Happy Is service.
During the use of How Happy Is services you may encounter various content, including but not limited to advertisements. Despite strict standards, How Happy Is services may contain content that you find offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. How Happy Is disclaims any responsibility for any harm resulting from content encountered in using How Happy Is services.
4. Intellectual Property
This Agreement does not transfer from How Happy Is to you any How Happy Is or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with How Happy Is. All trademarks, service marks, graphics and logos used in connection with the Website or other services may be the trademarks of other third parties. Your use of How Happy Is services grants you no right or license to reproduce or otherwise use any How Happy Is or third-party trademarks.
How Happy Is reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of How Happy Is services following the posting of any changes to this Agreement constitutes acceptance of those changes. How Happy Is may also, in the future, offer new services and/or features. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
How Happy Is may terminate an account or access to all or any part of any How Happy Is service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or an account (if you have one), you may simply discontinue using the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties
How Happy Is services are provided “as is”. How Happy Is and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither How Happy Is nor its suppliers and licensors, makes any warranty that the service will be error free or that access thereto will be continuous or uninterrupted. You understand that your use of any How Happy Is service is at your own discretion and risk.
8. Limitation of Liability
In no event will How Happy Is, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) for interruption of use or loss or corruption of data.
9. General Representation and Warranty
You agree to indemnify and hold harmless How Happy Is, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of any How Happy Is service, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between How Happy Is and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of How Happy Is, or by the posting by How Happy Is of a revised or supplemental version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and any How Happy Is service will be governed by the laws of the state of Massachusetts, USA. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; How Happy Is may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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