Terms of Use

Terms Of Use

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT,

DO NOT USE THE SERVICES

Welcome to happymediation.org. This website is provided for informational purposes only. Please feel free to browse the website and its various features but be aware that your use of the website is subject to the following terms and conditions (“Terms of Use”). If you do not agree with these Terms of Use, please do not use this website. Your use of this website constitutes your agreement to be bound by, and to act in accordance with, these Terms of Use.

This website belongs to Happy Mediation. Accordingly, we may, in our sole discretion and at any time, update, change or discontinue this website or any specific portion of its website (including these Terms of Use) without notice. As such, please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the current Terms of Use.

This is an agreement ("Agreement") between you (“user” or “you”) and Happy Mediation (“Happy Mediation”, “happymediation.org”, “happymediation.com”, “website”, “we”, “us” or “our”). By using Happy Mediation web services, apps, or other service access points (the "Services"), and using any of the Services, information, software, or products accessible through the Services, you become a user and agree to be bound by the terms and conditions of this Agreement in perpetuity.

THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES, AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER, AS SET FORTH BELOW.

Happy Mediation’s Terms of Use were written to create a clear understanding of its content for the users. It is a legal document that you are agreeing to be bound to if you wish to continue using the website or our Services. It is your responsibility to review this Agreement carefully, especially the Arbitration, Refund and Class Action provisions. If you continue to use it after reading, you agree with Happy Mediation’s Terms and Conditions in its entirety. Happy Mediation may change this Agreement in its sole discretion at any time. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.

Happy Mediation controls and operates this website from within the United States of America. Unless otherwise specified on or within this Website, this Website is intended to promote only those Happy Mediation Services that are sold by Happy Mediation in the United States and its territories, and Happy Mediation makes no representation that materials in this website or the conduct described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.

User Agreement

As a user of the Services or a user registered to use any of the Services (a "User"), you agree to the following:

Personal Use. Your account is only for your personal use. You may not give others permission to use your account. This account is non-transferable and non-assignable. You agree that Happy Mediation is not responsible and will hold harmless Happy Mediation, for any third-party access to your account that may result in theft or misappropriation of your information.

Geographic Limitations. Happy Mediation Services are intended only for use in the United States and U.S. territories. You will only use the Service in a manner consistent with this Agreement and all U.S. laws and regulations. By using the Service, you agree that you are not prohibited to do so by the U.S. Government. Use of Happy Mediation Services are void where prohibited.

Information Submitted. You are solely responsible for, and assume all liability regarding,

(i) the information and content you contribute to the Service;

(ii) the information you transmit, publish, or otherwise make available through the Services

Reporting of Violations. You will promptly report to Happy Mediation any violation of the Agreement by others. Any knowledge of a violation of the Agreement which is not addressed shall be considered grounds for termination of your Services and/or be permanently blocked from using Happy Mediation Services forever.

Communication Restrictions. You will not communicate any content, or otherwise engage in any activity using the Happy Mediation Services that do the following:

promote any sort of racism, bigotry, hatred or physical harm of any kind against any group or individual;
intended to harass, annoy, threaten or intimidate any person;
state or use defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable language;
transmit copyrighted content of another without seeking permission;
transmit video, audio, or images of another person without his/her permission
transmit video, audio, or images of a minor without the permission of the legal guardian;
promote or enable illegal and/or unlawful activity;
plan to defraud or deceive others;
spread viruses of all types or other harmful disruptive codes, components or devices;
distribute another person's personal identifying information without his/her consent;
use scripts, bots, or other automated technology to access the Services

User Supplied Information. You will not provide inaccurate or misleading information to Happy Mediation. It is your responsibility to promptly notify Happy Mediation of any changes.

Verification. Happy Mediation may use various ways of verifying information that you provide. You agree that there is not a perfect verification system and that Happy Mediation will have no liability to you arising from any incorrectly verified information.

No Junk Email. You will not transmit any chain letters, junk or spam e-mail to Happy Mediation. If you breach the terms of this section and send unsolicited bulk email, "spam" or other unsolicited communications of any kind through to Happy Mediation you agree that you have caused substantial harm to Happy Mediation, and that harm would be difficult to quantify. Due to that reason, you agree to pay Happy Mediation $250 for each such unsolicited communication.

Cancellation / Refunds

Coaching & Classes

The user acknowledges that there are limited amount of spaces available in the event/class/workshops or individual coaching sessions and for this reason all coaching fees are NON-REFUNDABLE once a program has been started.

Excellent attendance is an expectation of all Users of Happy Mediation Coaching for the growth of the User. Attendance is especially important for Users who are in group workshops and activities because the other Users depend on you. When a User is Late or Tardy, it effects the whole group. Therefore, when a User is more than 15 minutes Late or Tardy, they also will not be admitted into the class or activity. The User will not receive a refund for the class they were found to be Tardy or Late, but the User can schedule a future session covering the same subject, if available.

The user is only allowed to request a refund 24 hours before submitting their first coaching session. Refund requests can be made to: info@happymediation.com with “REFUND” in the subject line. All refunds shall be requested within 48-72 hours through the same payment processor used to purchase the coaching session. The user agrees that any delays made by the payment processor are not liable to Happy Mediation or any of its members.

These policies apply to all services on the Happy Mediation platform.

If the user has violated the Terms and Conditions of this platform, no refund will be issued. This includes, but is not limited to violation of the personal use provision, geographic location provision, communication restrictions provision,

When you cancel Happy Mediation services be aware that all information submitted will be deleted immediately without the possibility of restoration. If the user requests cancellation or a refund, they are encouraged but not required to provide a reason

All purchases made through the SEPA payment method will not be subject to a refund. This policy still applies even in the timeframe of the first 30 days. There will be no exceptions made on behalf of Happy Mediation or SEPA.

Privacy Policy

By using Happy Mediation Services, you are consenting to Happy Mediation's Privacy Policy please see Happy Mediation's Privacy Policy for more information.

We may use your email address to send you messages notifying you of important changes to the Services or special offers or promotions. Further, we may contact you by telephone if you voluntarily provide us with your telephone number to communicate with you regarding the Service. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please contact us at info@happymediation.com

Legal Disclosures to Third Parties

You agree that Happy Mediation may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to;

comply with the law, requests, subpoenas, court orders or any legal process (whether or not such disclosure is required);
protect or defend Happy Mediation (or a third-party), rights or property; or
protect the health or safety of any person (including the user) when such is threatened.

Third-Party Services & Advertisers

The Services may contain links to third parties, including advertisers, which are not under the custody and control of Happy Mediation. Happy Mediation is not responsible for the content of any third-party service links, any changes to third-party service links, or updates to third-party service links.

Happy Mediation provides these third-party service links to you only as a convenience. Happy Mediation does not endorse or accept any responsibility for the content on such third-party web service.

Any correspondence is solely between you and the third-party service provider. This includes, but is not limited to: business dealings, promotions, sweepstakes, and ads found on or through the third-party service links. Additionally, you agree and accept that Happy Mediation is not responsible or liable for: any loss, damages of any sort, payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to third-party advertisers, and any associated third-party terms, conditions, warranties or representations. Such dealings are solely between you and the third-party service provider.

Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Happy Mediation, are those of the respective author, and should be relied upon at your own risk. Such authors are solely responsible for their own content. Under no condition will Happy Mediation be responsible for third party content, loss or damage arising from third-party content, loss or damage arising for any user’s reliance on third-party content or services. Happy Mediation does not guarantee in any way the accuracy, usefulness, completeness of any information provided by a third-party provider or service. Happy Mediation also does not endorse, adopt or accept responsibility for the accuracy or reliability of any opinion, advice provided, or statement made by any person or entity other than Happy Mediation.

Happy Mediation’s Proprietary Rights

Ownership. You agree that Happy Mediation is the owner of highly valuable proprietary and confidential information, (collectively, "Proprietary Information"). Happy Mediation owns and hereby retains all proprietary rights in the Services, including but not limited to, all Proprietary Information.

Happy Mediation owns the copyright for all the material on the website or has the right to use same on the website. Happy Mediation also owns or has the right to use all trademarks, service marks, and trade names used on this website. No part of this website may be copied, reproduced, republished, uploaded, posted, transmitted, or disturbed in any way. Any modifications of the materials or use of the materials for any other purpose is a violation of Happy Mediation’s copyright and other proprietary rights. The use of such material on any other website or computer network without Happy Mediation’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in this Terms of Use, or as otherwise authorized in writing by us, is strictly prohibited.

All comments, suggestions, graphics, ideas (including products and advertising ideas), and other information and materials you submit to Happy Mediation though this website will become and remain the exclusive property of Happy Mediation, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. Accordingly, you disclaim any proprietary rights in such submissions, and you acknowledge Happy Mediation’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now or in the future, without notice, compensation or other obligation to you or any other person. Moreover, Happy Mediation has no obligation to keep your submission confidential.

Happy Mediation Use. You will not copy, modify, transmit, disclose, show in public (including posts, or any online video platforms), create any derivative works from, distribute, make commercial use of, or reproduce in any way any the Proprietary Information or other copyrighted material, trademarks, patented systems, or other Proprietary Information accessible via the Services, without first obtaining the prior written consent of Happy Mediation.

General Provisions

Right to Seek Injunction. You agree that Happy Mediation is entitled to seek relief in court, including, but not limited to: temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security without prejudice for violations of this Agreement. Happy Mediation may have other rights or remedies for a breach of this Agreement.

DMCA

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Services, please notify Happy Mediation at info@happymediation.com with the subject line: DMCA Violation Notification.

Law Enforcement Contact

To resolve a legal complaint regarding the Service, you should e-mail us at info@happymediation.com. Law enforcement officials may send correspondence (including subpoenas, court orders and warrants) to Happy Mediation In-House Counsel via email at info@happymediation.com with the subject line: Attn: HMC In House Counsel. Any other communications received at this email address that are not from law enforcement will fall under the No Junk Mail provision above and will be subject to the agreed amount of $250 per violation by the user.

Indemnification. You agree to indemnify, defend and hold harmless Happy Mediation, each of their officers, directors, employees, agents and related third parties, and its subsidiaries and/or parent companies, for any losses, liabilities, costs and expenses (including attorneys’ fees and costs) relating to or arising from of any third-party claim related to

(a) your use of or inability to use the Services or Services or

(b) any user postings made by you or

(d) your violation of any rights of a third party or

(e) your violation of any applicable laws, rules or regulations.

Confidentiality of Proprietary Information

User agrees, during and perpetually after the term of this Agreement, that User shall not reveal confidential information or trade secrets of Happy Mediation, as may be learned to any person, firm, corporation, or entity. Should User reveal or threaten to reveal such information, Happy Mediation shall be entitled to an injunction restraining User from disclosing same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed; the right to secure an injunction is not exclusive, and the Happy Mediation may pursue any other remedies it has against User for a breach or threatened breach of this condition, including the recovery of damages from User.

Non-Disparagement

The User will not at any time directly or indirectly (i) disparage, libel, defame, ridicule or make negative comments regarding, or encourage or induce others to disparage, libel, defame, ridicule or make negative comments regarding, the Happy Mediation, or any of the Happy Mediation's officers, directors, employees or agents, or the Happy Mediation's products, services, business plans or methods; or (ii) engage in any conduct or encourage or induce any other person to engage in any conduct that is in any way injurious or potentially injurious to the reputation or interests of the Happy Mediation or any of the Happy Mediation's, officers, directors, employees or agents.

Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the User in the action shall pay to the Happy Mediation – regardless of outcome, and in addition to all the sums that either party may be called on to pay - for the Happy Mediation’s attorney fees as determined by the court.

Severability

If, for any reason, any provision of this Agreement is held invalid, all other provisions of this Agreement shall remain in effect. If this Agreement is held invalid or cannot be enforced, then to the full extent permitted by law, any prior agreement between the Happy Mediation and the User shall be deemed reinstated as if this Agreement had not been executed.

No Waiver

No failure on the part of the Happy Mediation to exercise any power, right, privilege, or remedy under this Agreement, and no delay on the part of the Happy Mediation in exercising any power, right, privilege, or remedy under this Agreement, shall operate as a waiver of such power, right, privilege, or remedy; and no single or partial exercise of any such power, right, privilege, or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege, or remedy.

Happy Mediation shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege, or remedy under this Agreement, unless the waiver of such claim, power, right, privilege, or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Neither the receipt of any funds by Happy Mediation nor the reliance of any person on Happy Mediation actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Happy Mediation shall have any legal effect whatsoever.

Happy Mediation provides services on an “as is” basis only. Happy Mediation provides not warranty of any kind – express or implied – with respect to the services provided. Happy Mediation does not provide warranty of merchantability or fitness for a particular purpose. Happy Mediation does not warrant that the services will be error-free, meet all of your requirements, free of defect, or be secure and always available. There is no warranty of continuous availability of services.

These Terms of Use are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that apply to the products or services offered by Happy Mediation and other companies through this Site.

Disclaimer

Happy Mediation is (and will do) none of the following:

Attorney
Lawyer referral service
Lawyer directory
Will not act as your attorney in court
Does not provide legal advice

Using Happy Mediation does not create an attorney-client relationship between the User and the entity or any employee thereof. Happy Mediation is intended for legal information purposes only. Any information or documents provided by Happy Mediation is only a starting point and not a substitute for a licensed attorney. Any communications with Happy Mediation do not create an attorney-client relationship and do not fall under attorney-client communications and will not provide you with attorney-client privilege or work-product protections. By using this service, you expressly waive any express or implied confidentiality during any and all communications with Happy Mediation or its employees.

Happy Mediation is unaware of any attorney or paralegal or other such service providers using our service. Attorneys are solely responsible for the legal service provided directly to you, not through Happy Mediation, using a separate attorney engagement agreement between you and the attorney. As with all legal situations, you should discuss any concerns you may have regarding the legal representation with your attorney and get the costs and scope of your agreement for legal representation in writing. Happy Mediation has no influence on or involvement in the professional services of the attorneys.

Damages

Happy Mediation will not be liable for any damages (direct, indirect, special, incidental, punitive, consequential) arising from the use or inability to use the services. This shall include: service interruptions, data corruption, program corruption, even if Happy Mediation has been advised or has knowledge that there is a possibility of such an event. Any action arising from the use of the services or this agreement shall not surpass the maximum aggregate liability amount of $10.00 USD if you have not used the services, or the price paid by the user for the services.

The material in this website (including any graphics, recommendations or other material) or any materials made available through this website are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAPPY MEDIATION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HAPPY MEDIATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this website could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this website. Happy Mediation undertakes no obligation to verify or maintain the currency of such information.

Happy Mediation endeavors to maintain this website and its operation, but is not, and cannot be, responsible for any defect that may exist on the website or its operations. AS TO THE OPERATION OF THE WEBSITE, HAPPY MEDIATION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HAPPY MEDIATION MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not Happy Mediation) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.

UNDER NO CIRCUMSTANCE SHALL HAPPY MEDIATION BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. HAPPY MEDIATION SHALL NOT BE LIABLE EVEN IF HAPPY MEDIATION OR A HAPPY MEDIATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These include but are not limited to damage or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, IN NO EVENT SHALL HAPPY MEDIATION’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Counterparts

This Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others. Any copy of this Agreement with the original signatures of all parties appended will constitute an original.

Amendments

This Agreement may not be changed or modified in whole or in part except by a writing signed by both parties.

Non-Assignment

The interests of User under this Agreement are not subject to the claims of its creditors and may not be voluntarily or involuntarily assigned, alienated, or encumbered.

Binding Effect

This Agreement will be binding upon User and User’s representatives, executors, administrators, estate, heirs, successors, and assigns, and will inure to the benefit of Happy Mediation and its successors and assigns. The parties agree that this Agreement shall not be interpreted against either party solely because this Agreement was drafted by attorneys for Happy Mediation.

Governing Law, Venue, and Arbitration

This Agreement shall be construed in accordance with the laws of the State of Florida in the County of Orange. Any claim or controversy that arises out of or relates to this Agreement, or the breach thereof, shall be heard by arbitration in accordance with the rules of the American Arbitration Association in the State of Florida prior to any claim or filing for litigation in State or Federal court. Judgment upon the arbitration award rendered may be entered in any court with jurisdiction. Neither you, nor Happy Mediation, agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).

Any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. This applies regardless of any contrary statute or law, and to the maximum extent permitted. Failure to file an arbitration claim within the limitations period constitutes a waiver and will be a complete bar to any claim raised with Happy Mediation.

Happy Mediation and User agree that we are each giving up our rights to go to court in connection with any Dispute, and that our rights will not be determined by judge or jury, but rather a neutral arbitrator or panel.

The only exceptions to this agreement to arbitrate Disputes are as follows: infringement claims or misappropriation of Happy Mediation’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights. Happy Mediation may elect to have resolved by means other than arbitration.

Online Contract

This Agreement shall be considered valid if signed in person, or online or through an app. Each Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others.

Headings

The headings contained in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement and shall not be referred to in connection with the construction or interpretation of this Agreement.

Entire Agreement

This Agreement constitutes the entire integrated understanding and agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties with respect to the subject matter hereof.

I acknowledge that I have carefully read this agreement and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by signing this agreement I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators, and assigns may have against Happy Mediation.