HappierCouples Vows of Service

This document, in its entirety, constitutes the HappierCouples Vows of Service.

This is an Agreement (the "Agreement") between you and HappierCouples.com ("HC.com"). Please read this Agreement carefully before registering for the HappierCouples.com service. HappierCouples.com provides couples and adults (the "Member" or “Members”) a service only (the "Service"), which includes:

  • Find fun, feel-good and growing-closer to your spouse/partner things to do (e.g., entertainment, education, dining, travel, special experiences, getaway weekends)
  • Personalized online tools to help you solve relationship problems
  • Expert Comparison System gives you opportunity to select from multimedia expert relationship content and decide how to solve your problems
  • Couples calendar helps coordinate your busy schedules and give you more quality couples time together
  • Special surveys, polls and the latest news about and for couples
  • Personalized wish lists for gifts for your spouse/partner or yourself so you always give and get the right gift for every occasion, and don’t’ have to return gifts
  • Share multimedia relationship content to people of your choice
  • Personal reminders for important dates, goals and other to-do’s
  • Discounts to everyday products, services and other special purchases
  • Almost every feature customized and personalized for you as an individual, and as a couple.

HappierCouples.com does not provide psychological, psychiatric, medical, wellness, mental, business, relationship, or legal advice or guidance. This Service is offered on an “as is” basis, and is not directed or specifically addressed at any specific individual, couple, or group. A single Membership in HC.com shall include both registered spouses and/or partners in a committed relationship, and consist of two Members.

By registering for HappierCouples.com, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the HappierCouples.com Service. The terms are subject to change by HC.com at any time, effective upon notice to you by the posting on the HappierCouples.com Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

ACKNOWLEDGMENT AND ACCEPTANCE

The Service is provided under the terms and conditions of this Agreement, and the HC.com Privacy Policy. Individuals must be 18 years of age or older to register as a Member of HappierCouples.com or use the Site. Membership in the Service is void where prohibited. By completing the HC.com registration and clicking the checkbox following this Agreement, and thereafter using the Site, you acknowledge that you have the capacity to enter into this Agreement and to abide by the terms and conditions contained herein.

REGISTRATION INFORMATION

As a condition for using the Service, you agree to provide accurate information about yourself as requested during the registration process, and to update this information to keep it current and accurate. If any information provided is found to be false, not current, or incomplete, HC.com has the right to terminate your account and refuse any and all current or future use of the HappierCouples.com Service.

MEMBER’S POSTED CONTENT

HC.com has and reserves the right to remove anything that it deems, in its sole discretion, does not comply with the terms of use, or is or may be construed as offensive, harmful, injurious, racist, or otherwise unworthy of presentation on the HC.com site.

You agree and acknowledge that any information disclosed by you to HC.com has been freely and knowingly disclosed, and that all information posted on the HC.com Site will be used in furtherance of the services HC.com offers. The information shall not be disclosed knowingly or willfully to any third party without Member’s authorization as described in the HC.com Privacy Policy, except as may otherwise be allowed by the instant Agreement and/or required by the Services offered by HC.com. You agree and acknowledge that no fiduciary, contractual or other relationship is created between you and HC.com or any of its partners or affiliates, other than those specifically noted and subject to the terms and conditions contained in this Agreement.

Member agrees and acknowledges that any upload videos, audio files, text or other files, messages, data or any other form of communication, provided either individually or collectively, within or to the HC.com site, shall constitute the grant by that Member to HC.com, its affiliates, partners, and subsidiaries, of a perpetual, world wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, reproduce, modify, exchange, edit and otherwise utilize such communications and any ideas or original materials contained in such communications, including for promotional and advertising purposes, in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

MEMBER INFORMATION

HC.com considers member account information, including information provided during the registration process and any email transmitted through the Site to be private information. HC.com shall not disclose such information to any third parties without Member’s consent. However, Member acknowledges and agrees that HC.com may disclose such information if it is reasonably necessary: (a) to comply with the law; (b) to enforce the Agreement; (c) to respond to claims that such content violates the rights of third-parties; and (d) to protect the rights or interests of HC.com and its users.

Member acknowledges and agrees that HC.com may access the contents of your account to identify, address, and resolve problems or service complaints.

MODIFICATIONS TO AGREEMENT

HC.com reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Member shall be notified of any changes via notice on the Site, stating that the Agreement has changed. Changes in these terms and conditions shall be effective from the moment that they are posted on the site. Member’s continued use of the Site and/or Service after HC.com has posted such notice shall constitute Member’s acceptance of any changes.

MODIFICATIONS OF SERVICE

HC.com reserves the right to modify, suspend, or discontinue the HappierCouples.com Service with or without notice to Members. Member agrees that HC.com shall not be liable to Member or any third party for any modification, suspension, or discontinuation of the Service.

CONDUCT

Member agrees to be solely and individually responsible for the contents of Member’s transmissions to or through the Site and/or Service, and all transmissions or communications made under the Member’s account, and for Member’s interactions with any and all other HC.com Members.

Member agrees to follow and obey all applicable laws, codes, and regulations applicable to Member’s use of the Service, and agrees not to gain unauthorized access to other computer systems, accounts, or networks associated with HappierCouples.com. Member agrees not to interfere with or hinder the use and enjoyment of the Service by other HC.com Members.

Member agrees not to transmit, upload, or post any unlawful, harassing, abusive, threatening, harmful, libelous, privacy invading, sexually and/or racially offensive, obscene or otherwise objectionable material of any kind to the HC.com Site, it’s partners, affiliates, or associated third party content providers.

Member agrees not to transmit, upload, or post any material or information that violates the rights of another, including the intellectual property rights of another individual, corporation, group or entity.

Member agrees not to use the HappierCouples.com Service for commercial purposes.

USE OF HAPPIERCOUPLES.COM SITE

You agree not to interfere or attempt to interfere with the operation of the site (the "Site"), Service and/or Software used to operate the Site and the Service (the "Software"), in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these terms and conditions. You agree not to decompile or attempt to decompile, or reverse engineer, the Site or Software.

You agree not to use or attempt to use any software, spider, robot, bot, and/or any other illegitimate means of entering or manipulating the Site and/or Service. You agree not to post any type of commercial service or URL.

You agree not to post any photos containing nudity or otherwise offensive material on the Site or within the Service, which are or may be accessible to the general public. HC.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.

Your membership in the HappierCouples.com Service is for your sole personal use. You may not permit others to use your membership and you may not transfer your account to any other person or entity.

NO RESALE OF GOODS OR SERVICES

You agree not to resell the HappierCouples.com Service, or any benefits, assets, or materials obtained through your use of or access to the Service for profit, consideration, or compensation of any type.

PAYMENT TERMS

For purposes of your use of the HC.com Service, you hereby agree and acknowledge that you shall provide HappierCouples.com with accurate and complete information, as requested by the registration process, including your current legal name, current address, current phone number, current email address and other billing information, and allow HappierCouples.com to share the above subscription data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging for your use of the Service.

Payment for the Service may be made by credit card or other means by which HC.com authorizes. The monthly and annual service charges are subject to change upon thirty (30) days notice to the Member.

You agree to immediately notify HC.com of any breach of security, including loss, theft, or unauthorized disclosure and/or use of any ID or password assigned to you or any other user or Member. Until such time as HC.com is notified of said breach in security, Member will remain fully responsible and legally liable for any and all unauthorized use of the HappierCouples.com service.

TERMINATION OF MEMBERSHIP

A single Membership in HC.com shall include both registered spouses and/or partners, and consist of two Members. You hereby agree that HC.com may, in its sole individual discretion, terminate, alter, or suspend your Membership in and access to the HappierCouples service, for any reason, including breach of this Agreement or any portion thereof, or any subsequent modifications of this Agreement, or your attempt to transfer your account to any third party. You acknowledge and agree that suspension or termination may be affected immediately and without prior notice to you, and acknowledge and agree that HC.com may immediately delete all files, data, and other information stored in or associated with your Member and Membership account, and prevent any further access to it. HC.com may also, in its sole discretion, impose limitations on services and features, or restrict your access to parts of or the entire HappierCouples.com site without notice or liability.

You acknowledge and agree that any suspected fraudulent, abusive or illegal activity may constitute grounds for termination of your membership and/or account, and that said actions may be referred to law enforcement authorities.

Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your recourse is to discontinue and terminate your membership with the Service; and immediately notify HC.com of your voluntary termination by sending an email to Support@HappierCouples.com.

You acknowledge and agree that your membership under this Agreement exists for an unspecified term, on an at will basis. If HC.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. This Agreement will remain in effect after your membership has terminated.

ADVERTISERS, AFFILIATES, & OTHER THIRD PARTIES

You acknowledge and agree that any and all links from HC.com and/or all other sites owned and/or operated by HC.com, to other sites, do not constitute an endorsement from HC.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. Because HC.com has no control over such sites and recourses, you hereby acknowledge and agree that HC.com is not responsible for the availability, accuracy, or content of such external third party sites.

You hereby agree that you will not claim or hold HC.com liable for any loss or damage incurred as the result of the presence, quality, services, availability or non-availability of the affiliates, advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to your physical attendance at events advertised or the purchase or use of goods or services offered on or through the HC.com Site.

PROPRIETARY RIGHTS

You hereby acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by HC.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by HC.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the site.

You acknowledge and agree that any material you send to HC.com, by upload, email or otherwise, including any suggestions and comments on HC.com, the HappierCouples.com site, or that you post in any areas on the Site that are accessible to the public or HC.com 's general membership, will be treated as non-confidential and non-proprietary, and HC.com may use such material for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You agree that no payment, commission, salary, royalty or money will be exchanged in return.

WARRANTIES & REPRESENTATIONS

By viewing, reading, listening to, posting or transmitting any file, data, video, photograph, or other content or communication on HC.com or on the Service, you represent and warrant as follows: (a) that the public posting and use of the file, message, data, photograph, or other content or communication by HC.com and any Members will not infringe or violate the rights of any third party, including but not limited to any intellectual property rights. (B) that, prior to transmitting to HC.com or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which a third party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all necessary consent from that third party or parties; (c) That you are using the Service in accordance with any and all applicable laws and regulations, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.

DISCLAIMER OF WARRANTIES

The Service and the materials available on or through the HappierCouples.com Service are provided "as is" and "as available" and without warranties or conditions of any kind, either express or implied.

To the fullest extent permissible under applicable law, HC.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.

HC.com does not represent or warrant that the HappierCouples.com Service will be uninterrupted or error-free, or that defects will be corrected, or that this Site or the server that makes it available, are free of viruses or other harmful components. HC.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.

HC.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. Further, HC.com has not and does not conduct criminal background checks on its users or content providers.

You agree and acknowledge that HappierCouples.com does not provide psychological, psychiatric, medical, wellness, mental, business, relationship, or legal advice or guidance, and nothing contained, provided by, or linked to on this site shall be interpreted, construed, or used as such. Member acknowledges that this Service is offered on a general “as is” basis, and is not directed or specifically addressed at any specific individual, couple, or group.

LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, HC.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from: (a) the use of or the inability to use the HappierCouples.com Service, (b) any changes to the Service, (c) the applicability, non applicability, veracity, effectiveness, or results of any and all content on the HC.com site, it’s internal or external content, or links. (d) unauthorized access to or alteration of your transmissions or data, (e) any material or data sent or received or not sent or received, or (f) any transactions entered into through the Service.

You specifically agree that HC.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. In no event, except in jurisdictions where such provisions are restricted, shall HC.com and each of its partners, parents, subsidiaries, affiliates, officers, directors, and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, the Service, HC.com, any and all other sites, any and all services, advertising, banners, and/or any part of the Site and/or any service or services offered, even if HC.com has been advised of the possibility of such damages.

At all times HC.com and all of its other services and companies shall never in any way be liable to you for more than the amount paid. Member agrees and acknowledges that the maximum liability for HappierCouples.com in any action brought about or deriving from the use, attempted use, or mis-use of this Site and it’s affiliated content, or any claim of negligence or willful misconduct by HappierCouples.com, it’s officers, directors, subsidiaries, parent companies or affiliates, shall be equal to the sum of the Membership paid to HappierCouples.com by the Member.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless HC.com and its parents, affiliates, partners, associates, third party content providers, subsidiaries, officers, directors, and employees, from any liability, claim of loss, demand, or damage; including attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the HappierCouples.com Site and/or Service and/or your use of the Site and/or Service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth in this Agreement.

NOTICE

Any notice to HC.com shall be made via email or regular mail as listed under the Contact Us section on the Site. If said notice concerns your withdrawal from the HC.com service, it will be effective within a reasonable time after HC.com receives it. Your withdrawal notice will not affect the legal validity or enforceability of this Agreement.

GENERAL

This Agreement and the relationship between you and HC.com shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and HC.com agree to submit to the personal and exclusive jurisdiction of the state courts located in Los Angeles County, California or the United States District Court for the Central District of California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

THIRD PARTY DISCLAIMER

Videos, content, and other information have either been provided by third parties or collected from publicly available sources. Although HC.com makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website. HC.com makes no warranties or representations whatsoever with regard to any service, advice, information, content, or product, provided or offered by any third party, and Member acknowledges that any reliance on representations and warranties provided by any third party shall be at Member’s own risk.

RELIANCE ON SITE CONTENT

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective author and not of HC.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. HC.com does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will HC.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.

DISCLAIMERS

HC.com assumes no responsibility for interruption, malfunction, error, deletion, defect, omission, failure, delay, unauthorized access to, alteration or theft or destruction of Members data or other communications. This disclaimer includes personal injury or damage to Members or any other individual, or to any computer related to or resulting from participating or downloading materials in connection with HC.com, and each of its partners, subsidiaries, affiliates, officers, directors, and employees.

HC.com cannot guarantee and does not promise any specific results from use of the Service and/or the Site of HC.com. Your happiness, your spouse or partner’s happiness, and your happiness as a couple, are entirely your responsibility. We are here to help; you are here to make all the decisions.

ASSIGNMENT

Member does not have the right to assign this Agreement or any of your rights to the Service to anyone. HC.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to a third party. At the sole discretion of HC.com, if HC.com’s obligations hereunder are assumed by a third party, HC.com shall be relieved of any and all liability under this agreement.

OTHER

All terms and conditions of this Agreement that by their nature may survive termination of this Agreement will be deemed to survive such termination and remain in full effect.

The titles in this Agreement are for the sole purpose of convenience, and have no legal or contractual meaning or effect.

HC.com 's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, IN ITS ENTIRETY, AND AGREE TO BE BOUND BY EACH AND EVERY PROVISION CONTAINED ABOVE.