Terms of Use

These Terms of Use ("Terms") govern all use of Happy Modz.com ("Happy Modz.com"). Happy Modz.com includes Happy Modz.com, and other sites owned or operated (“Site") by Happy Modz.com. By using and accessing the Site, you agree to these Terms, the Privacy Policy, other policies, and all applicable laws and regulations. Customers in the EU are subject to the EU Conditions of Use. If any Happy Modz.com services and/or applications have additional terms and conditions, privacy statements, or other policies ("Separate Terms"), then those Separate Terms shall apply in connection with your use of that Happy Modz.com service and/or site. To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. If you do not want to be bound by these Terms, do not use the Site.

Happy Modz.com is primarily an online retailer of third-party brands and all product information is provided by the brand owner and is for information purposes only. Actual product packaging may contain different information than is displayed on our site. DO NOT RELY SOLELY ON THIS INFORMATION. ALWAYS READ LABELS, WARNINGS AND FOLLOW DIRECTIONS ON THE PRODUCT LABEL BEFORE USE. YOU HEREBY WAIVE ANY LIABILITY AGAINST Happy Modz.COM FOR INACCURACIES OR MISSTATEMENTS RELATED TO PRODUCTS MANUFACTURED BY THIRD PARTIES.

Happy Modz.com reserves the right to suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason at Happy Modz.com’s reasonable discretion. You are solely responsible for the content of your computer and any transmissions you make when using the Site.

CHANGES IN TERMS

Happy Modz.com has the sole right at any time and without prior notice to revise these Terms. Happy Modz.com will post changes on the Site and it is your responsibility to review these Terms and any modifications.

TERMINATION

Happy Modz.com has the right at any time and without prior notice to terminate some or all of Happy Modz.com services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use Happy Modz.com services or any feature or portion thereof.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 13 years old to use Happy Modz.com. See the Safety of Minors section of the Privacy Policy.

CONTENT

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or may be out of date. Happy Modz.com may change, delete, or update Content at any time. The Content is provided for informational and/or entertainment purposes only and is not binding on Happy Modz.com.

All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. Happy Modz.com's intellectual property may not be used without Happy Modz.com's express written permission. All other trademarks and service marks not owned by Happy Modz.com that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Happy Modz.com.

You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Happy Modz.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

PRODUCT REVIEWS

Product reviews on Happy Modz.com are provided for informational purposes only and reflect solely the views and opinions expressed by the contributors and not those of Happy Modz.com. Happy Modz.com does not verify or endorse any claims made in these reviews.

DISCLAIMER AND LIMITATION OF LIABILITY

Happy Modz.com provides the Site (including all Content) "as is" without warranty of any kind, whether express or implied. You are solely responsible for any damage that results from the use of the Site, including but not limited to damage to your computer system or loss of data. Happy Modz.COM specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, security, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Happy Modz.COM shall not be liable to you or any other person or entity for direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever. In no event shall our total liability to you for all damages and losses for any cause of action exceed the amount paid by you, or $100 (whichever is less). HOLD HARMLESS AND INDEMNITY

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Happy Modz.com, its parent company, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

DISPUTE RESOLUTION

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Boise, Idaho in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. These Terms of Use shall be construed in accordance with the laws of the state of Idaho, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Idaho and you will initiate any claim in connection with use of the Site or these Terms of Use in Ada County, Idaho. Nothing in this Section shall prevent Happy Modz.com from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

GENERAL TERMS

Entire Agreement/Severability. These Terms of Use, together with the App Terms, Privacy Policy, and Conditions of Sale, and any amendments and any additional agreements you may enter into with Happy Modz.com, shall constitute the entire agreement between you and Happy Modz.com. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Happy Modz.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Defined Words. Any capitalized words used herein and not otherwise defined are defined in Happy Modz.com's Conditions of Sale, App Terms, or Privacy Policy, or the applicable policy.