Happy Head Terms of Service
IF THIS IS A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
Welcome to the Terms of Service for Clubb View Capital, owner and operator of Happy Head, and the HiHappyHead.com website. This is an agreement (“Agreement”) between Club View Capital, a California Corporation, located at 2825 Santa Monica Blvd, #303A, Santa Monica, CA, 90404, the owner and operator of Happy Head and www.HiHappyHead.com (“Site”), any Happy Head products and services (“Services” as defined below in section 2), and Happy Head Application (“Platform”) and you (“you”, “your” or “user(s)”), a user of the Site, Platform or Service.
Throughout this Agreement, the words “Happy Head,” “us,” “we,” and “our,” refer to our company, Club View Capital, and our Site, Platform or any Services, as is appropriate in the context of the use of the words. Due to the length of this Agreement, we would like to highlight the most important provisions you are agreeing to, including the following:
- You agree to ARBITRATE any claims against us or any Health Counselors (defined below)
- You agree to waive your ability to participate in a CLASS ACTION proceeding
- You agree that Health Counselors are solely responsible for their actions and any content or information disseminated to you.
- You agree that your use of the Platform or Service does not create a patient-doctor relationship with Happy Head or Club View Capital or Health Counselors as defined by state or federal laws.
- Health Counselors are independent contractors and not employees of Happy Head or Club View Capital whose opinions and recommendations are not endorsed by and may not be representative of Happy Head or Club VIew Capital.
- You agree to indemnify us and health counselors for your use of the Site, Platform, Service and Products purchased on our site.
- Our liability to you is limited as stated within the relevant sections of this Agreement.
Description of Service
Club View Capital , owner and operator of Happy Head, provides you a Platform to obtain a prescription for a prescription grade, compounded topical medication by submitting an inquiry to a Health Counselor (hereinafter “Health Counselor” as defined below). Users simply use the Platform and Site, answer questions about their medical history, take a picture of their hair condition, and connect with a Health Counselor to receive information and prescription regarding their hair condition. Happy Head currently uses a HIPAA compliant website to connect users and Health Counselors. Depending upon your medical history and current state of hair condition, your Health Counselor will prescribe a compounded prescription medication. These medications are sent to a compound pharmacy. All prescription medications are made and compounded specifically for you by pharmacists at Paseo Oak Pharmacy, 3701 Thousand Oaks Blvd, Thousand Oaks, CA 91362. Once the medication is compounded, the drug is sent to Happy Head offices, where it is then shipped to you. Users understand that the compounded medication is a prescription drug requiring a prescription to obtain, and Federal Law prohibits the transfer of this drug to any other than the patient for whom prescribed.
Users understand and agree that Club VIew Capital and Happy Head are not responsible for any information provided by any Health Counselors. Club VIew Capital and Happy Head merely act as a Platform to allow users to connect with Health Counselors. In addition, no interactions within the Platform create a doctor-patient relationship between Club VIew Capital, Happy Head, Health Counselors, and the user as defined under US federal and state laws. Club VIew Capital and Happy Head are designed to support the health decisions and choices that you make for yourself. In the context of health and wellness, your decisions should always be made in conjunction with your attending physician or health care provider. You agree that you will not use Club VIew Capital, Happy Head and Health Counselors as a substitute for health insurance, a primary care doctor, dermatologist or in-person health care interactions.
Always use common sense when making health decisions. Happy Head cannot make decisions for you. Skin conditions may change, and a skin condition that may appear normal now may not be normal few months from now. Pictures are not perfect and may not tell the full story. As such, they may lead to inaccurate, misleading or wrong erroneous information. See your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription. You are being placed on notice that using the platform does not create a doctor-patient relationship between Club VIew Capital, Happy Head, Health Counselors, and the user as defined under US federal and state laws. If you are experiencing a medical emergency or believe that you may have a medical issue please contact 911 and your health care professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Site, Service, or Platform. We do not take any responsibility for the safety or efficacy of any of the products sold through this website, nor for any possible side effects that may result due to the use of these products. It is highly encouraged for consumers to ask their personal physicians about the safety and efficacy of such products before use. None of the products sold on this website is intended to treat, prevent, cure, relieve, resolve, or stop any type of medical condition.
CLUB VIEW CAPITAL AND HAPPY HEAD DO NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DO NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS. ALL HEALTH COUNSELORS ARE DULY LICENSED MEDICAL PROFESSIONALS AND ARE SOLELY RESPONSIBLE FOR ANY INFORMATION OR CONTENT TRANSMITTED BY THEM, ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN THE USER AND A HEALTH COUNSELOR, IS SOLELY BETWEEN THE PARTIES AND DOES NOT INVOLVE CLUB VIEW CAPITAL OR HAPPY HEAD; HAPPY HEAD IS NOT A SUBSTITUTE FOR IN-PERSON PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY ANY HEALTH COUNSELOR IS SOLELY AT YOUR OWN RISK. HAPPY HEAD DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION OR MEDICAL SERVICES OR MEDICAL OPINION OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE HEALTH COUNSELORS ON ITS PLATFORM. INTERACTION WITH THE HEALTH COUNSELORS DOES NOT CREATE A DOCTOR -PATIENT RELATIONSHIP UNDER FEDERAL AND STATE LAWS AND YOU SHOULD SEEK ADVICE FROM YOUR REGULAR PHYSICIAN REGARDING ANY MEDICATION OR PRESCRIPTION PROVIDED BY HEALTH COUNSELORS.
Health Counselors listed on the HAPPY HEAD Platform are licensed medical professionals. Any opinions, advice, or information expressed by any Health Counselor individuals are those of the individual and the individual alone and they do not reflect the opinions of HAPPY HEAD. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the HAPPY HEAD or by a Health Counselor. The inclusion of Health Counselors on the Site or Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Health Counselors and HAPPY HEAD is that of independent contractors.
Whenever we use the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider” or similar words on HAPPY HEAD, including this Agreement, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the state that you reside. Health Counselors on HAPPY HEAD are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist. Aside from consulting with any Health Counselor, it is important that you also receive a medical opinion from your own personal doctor or dermatologist. Interaction between you and the Health Counselor does not establish patient-doctor relationship under federal and state laws. After consulting with a Health Counselor, you should also consult with your personal doctor regarding the treatment and prescriptions. Consultations with Health Counselors are not a substitute for in-person diagnosis, treatment, and screening. Users understand that users may expect anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.
You agree that you are solely responsible for interactions with Health Counselors and that consultations with Health Counselors are not a substitute for in-person diagnosis, treatment, and screening. To the extent permitted under applicable laws, you hereby release CLUB VIEW CAPITAL AND HAPPY HEAD AND HEALTH COUNSELORS from any and all claims or liabilities related to any product or services of Health Counselors, any action or inaction by Health Counselors, including Health Counselors’ failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTH COUNSELORS IS PROVIDED ON AN “AS-IS” BASIS AND CLUB VIEW CAPITAL, HAPPY HEAD AND EVEN THE HEALTH COUNSELORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. CLUB VIEW CAPITAL, HAPPY HEAD AND HEALTH COUNSELORS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTH COUNSELORS ON CLUB VIEW CAPITAL AND HAPPY HEAD. IN NO EVENT SHALL CLUB VIEW CAPITAL, HAPPY HEAD, HEALTH COUNSELORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTH COUNSELORS OR ANY PRODUCTS SOLD. The use of HAPPY HEAD by any entity or individual to verify the credentials of Health Counselors is prohibited.
Health Counselor Content
Health Counselors may be able to send you text, email, omments, or other content (“Health Counselor Content”) via the Platform and Service. The Health Counselor Content provided by any Health Counselors represents the opinions and judgments of the respective independent information provider. CLUB VIEW CAPITA:L and HAPPY HEAD neither endorses nor is responsible for the accuracy or reliability of any Health Counselor Content including any opinion, advice, or statement made on or through using the Club View Capital and Happy Head Platform. You agree that under no circumstances will HAPPY HEAD be liable for any loss or damage caused by any Health Counselor’s Content or your reliance on such content. It is the responsibility of you to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, including any Health Counselor Content available through the HAPPY HEAD Platform. If you have any questions regarding Health Counselor Content please contact your physician or healthcare provider.
Through the Platform our Health Counselors may provide users with prescriptions. Users agree that any prescriptions that are received through the Platform shall be solely for their own personal use. Users agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if they have any questions regarding the prescription. All prescription medications are made and compounded specifically for you by pharmacists at Paseo Oak Pharmacy, 3701 Thousand Oaks Blvd, Thousand Oaks, CA 91362. User understands that the compounded medication is a prescription drug requiring a prescription to obtain, and Federal Law prohibits the transfer of this drug to any other than the patient for whom prescribed. Users understand and agree that the drug provided to users are compounded medications. Compounded drugs are not FDA-approved. This means that FDA does not review these drugs to evaluate their safety, effectiveness, or quality before they reach patients. Finasteride is an FDA approved drug used in an oral form for hair loss. Topical finasteride is a compounded prescription medication and compounded drugs have not been tested or approved by the FDA. The combination of finasteride, minoxidil, retinoic acid and hydrocortisone is a compounded prescription medication prescribed by your doctor and not tested/approved by the FDA.
Users understand and agree to the following warnings. This drug is for external use only. Avoid contact with eyes, lips, or mouth. It is flammable. Keep away from fire or any electrical equipment that may cause electrical sparks (i.e. hair dryer), especially when hair is wet from the spray. Keep out of reach of children. If swallowed, get medical help or contact a Poison Control Center immediately. Do not use this drug if you or your partner is breastfeeding, pregnant, or trying to get pregnant. Users understand and agree that Finasteride is a category X medication and should not be used during pregnancy. Pregnant females should not come in contact in any form with finasteride. Products containing finasteride is not indicated for use in women. Women should not handle or use topical finasteride when they are pregnant or may potentially be pregnant because of the possibility of absorption of finasteride and the subsequent potential risk to a male fetus. Do not use if you have newborns, toddlers, infants or younger children in order to prevent exposure to younger adults. Users agree and understand that if there are any side effects, they must contact their Health Counsellors immediately.
- Drug side effects full disclosure and notice
Drugs and medications have side effects. This section puts the user on notice about the known side effects of the medications used in the compounding formula. This is not a complete list and there may be side effects in the literature that may not be in this section. The side effects include but are not limited to the following stated below. BY USING HAPPY HEAD, USERS AGREE THAT IN NO EVENT SHALL CLUB VIEW CAPITAL DBA HAPPYHEAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, HEALTH COUNSELORS, INDEPENDENT CONTRACTORS OR STAFF PHYSICIANS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 1. THE PURCHASE AND USE OF PRODUCTS SOLD ON OUR WEBSITE, 2. ANY SIDE EFFECTS THAT THESE MEDICATIONS MAY HAVE EITHER ALONE BY THEMSELVES OR COMPOUNDED TOGETHER IN A FORMULA. IF YOU ARE WORRIED ABOUT THE SIDE EFFECTS OF THESE MEDICATIONS, PLEASE DO NOT USE HAPPY HEAD. BY AGREEING TO PURCHASE AND USE HAPPY HEAD, YOU HAVE UNDERSTOOD AND AGREED TO THE SIDE EFFECTS STATED BELOW AND UNDERSTAND THAT ANY OF THESE SIDE EFFECTS MAY OCCUR, AND BE EITHER TEMPORARY OR PERMANENT. YOU ALSO AGREE THAT THERE MAY BE SIDE EFFECTS NOT LISTED AND THIS IS NOT A COMPLETE LIST OF SIDE EFFECTS. In conclusion, we do not take any responsibility for the safety or efficacy of any of the products sold through this website, nor for any possible side effects that may result due to the use of these products. It is highly encouraged for consumers to ask their personal physicians about the safety and efficacy of such products before use. None of the products sold on this website is intended to treat, prevent, cure, relieve, resolve, or stop any type of medical condition. This product may burn the skin, temporarily or permanently and may cause permanent scarring alopecia. By using our product, you have read, understood, and agreed to and consented to all the side effects of each medication that is used in the formula. If you do not give your consent to all the side effects, then please refrain from using our product. You are using the product at your own risk.
FINASTERIDE SIDE EFFECT FULL DISCLOSURE AND NOTICE TO USERS
For full transparency, side effects of finasteride include but not limited to hypersensitivity reaction (allergic reaction), angioedema, prostate cancer (high-grade), breast cancer, male infertility, impotence, loss in sexual ability, sexual desire, sexual drive, or performance, decrease libido, hypotension, abnormal ejaculation, any form of sexual dysfunction described or not described here, impotence, loss of interest in sex, or trouble having an orgasm, erectile dysfunction, decrease volume of ejaculate, tenderness in genital organs, testicular pain or numbness, infertility, poor seminal quality, poor sperm mobility, penile curviture changes, gynecomastia (enlarge breast tissue), breast tenderness, swelling tingling burning or pain in your face, throat hands or feet, swelling or tenderness in your breasts, lump under the arms or in the breast area, hair loss (temporary or permanent), change in shape of penis, dizziness, weakness, feeling like you might pass out, headache, confusion, brain fog, fogginess of the head, short-term and long-term memory loss, terrible fatigue, trouble concentrating, increasingly moody, depression, runny nose, sleepiness or unusual drowsiness, slurred speech, sneezing, stuffy nose, abdominal/stomach pain, back pain, decreased amount of semen, diarrhea, hives or welts, itchy skin, rapid weight gain, redness of the skin, skin rash, death, swelling of the lips and face, tingling of the hands or feet, unusual weight gain or loss, breast cancer in males and females, any other cancer in males and females, depression, lower testosterone, complete loss of testosterone, shrinkage of sexual organs, change in sexual orientation and any side effect contributed to what is now called post-finasteride syndrome and listed on the website www.pfsfoundation.org/about-pfs-post-finasteride-syndrome/). All sexual side effects may be long-term (permanent). Patients should not share the medication with any female. Females of childbearing age should not take this medication, as it is a Category X. The above is not a complete list of all side effects or studies conducted. User agrees and understands that there may also be other side effects that may occur that have not been reported, discovered or listed in the literature yet and may have been reported but not listed here. This list is intended to give full transparency about the possibility of most or all of the side effects of finasteride, some of which may be long term and permanent. User understands and agrees that they have been fully informed about the above side effects. Our goal is to empower our patients to make educated decisions about their treatment choices. We are incorporating the following drug PDR in this section as a reference. https://www.pdr.net/drug-summary/Propecia-finasteride-378.609. Also, on 6/9/2011, FDA released a drug safety communication detailing the long term side effects of finasteride and it is referenced here at the following link https://www.pdr.net/fda-drug-safety-communication/propecia?druglabelid=378&id=8965.
MINOXIDIL SIDE EFFECTS FULL DISCLOSURE AND NOTICE TO USERS
Systemic minoxidil is a potent vasodilator with potential to produce hypotension and reflex tachycardia; serious complications may occur. Minoxidil is relatively contraindicated in patients with cardiac disease (including angina, coronary artery disease, recent or acute myocardial infarction), or cerebrovascular disease because a reflex increase in heart rate and decrease in blood pressure can exacerbate these conditions. Pericardial effusion, heart failure, cardiac tamponade, pericarditis, Stevens-Johnson syndrome, allergic reaction, swelling of extremities, edema, peripheral edema , sodium retention, hypotension, angina, sinus tachycardia, leukopenia, thrombocytopenia, bullous rash, contact dermatitis, erythema, mastalgia, headache, hypertrichosis, pruritus, xerosis, vomiting, nausea, irritation, flakiness, itch, tingling and burning. This medication may burn the skin, temporarily or permanently and may cause permanent scarring alopecia.
If applied with fingertips, wash hands thoroughly after applying. If the metered-spray applicator is used, avoid inhalation of the mist. Minoxidil is classified as pregnancy risk category C. Although no adequate human studies have examined the effects of this drug on the fetus, animal reproduction studies have shown adverse effects, including reduced ability to conceive and a reduced survival of offspring. Dysmorphic facial features and hypertrichosis were observed in an infant whose mother took oral minoxidil during pregnancy. According to the manufacturer, minoxidil should not be administered to a nursing mother. Skin abrasion or irritations, such as excoriations, psoriasis, or sunburn, can increase the systemic absorption of topically administered minoxidil. The safety and efficacy of topical minoxidil products have not been established in children and adolescents. Children should not take or come in contact with minoxidil. We are incorporating the following drug PDR in this section by referencing it here: https://www.pdr.net/drug-summary/Minoxidil-minoxidil-774.
TRETINOIN SIDE EFFECTS FULL DISCLOSURE AND NOTICE TO USERS
GI bleeding, disseminated intravascular coagulation (DIC), arrhythmia exacerbation, pleural effusion, visual impairment, increased intracranial pressure, intracranial bleeding, heart failure, hearing loss, pulmonary edema, laryngeal edema, peptic ulcer, cardiomyopathy, pericarditis, pulmonary hypertension, myocarditis, myocardial infarction, cardiac arrest, stroke, agnosia, seizures, coma, renal failure (unspecified), renal tubular necrosis, erythema nodosum, differentiation syndrome, pericardial effusion, hypervitaminosis A, pancreatitis, thrombosis, papilledema, spontaneous fetal abortion, teratogenesis, bone pain, dyspnea, elevated hepatic, enzymes, hyperlipidemia, bleeding, fluid retention, peripheral edema, stomatitis, constipation, wheezing, hypotension, depression, phlebitis, hypertension, confusion, flank pain, hepatomegaly, splenomegaly, dysuria, edema, hallucinations, ascites, hepatitis, impaired, cognition, ataxia, dysarthria, aphasia, encephalopathy, thrombocytosis, erythema, hypoxia, respiratory depression, pseudotumor cerebri, hypertriglyceridemia, hypercholesterolemia, hypercalcemia, headache, fever, fatigue, malaise, shivering, vomiting, nausea, rash, leukocytosis, abdominal pain,, weight gain, diarrhea, flushing, otalgia, dizziness, diaphoresis, anorexia, weight loss, anxiety, paresthesias, alopecia, myalgia, dyspepsia, insomnia, agitation, pallor, asterixis, weakness, tremor, hyporeflexia, drowsiness, hypothermia, increased urinary, frequency, skin hyperpigmentation, skin hypopigmentation, skin irritation, pruritus, xerosis, photosensitivity, vesicular rash. Tretinoin should not be used during pregnancy and breastfeeding. The safety and efficacy of topical tretinoin products have not been established in children and adolescents. Children should not take or come in contact with tretinoin. We are incorporating the following drug PDR in this section by referencing it here:
HYDROCORTISONE SIDE EFFECTS FULL DISCLOSURE AND NOTICE TO USERS
exfoliative dermatitis, increased intracranial pressure, papilledema, tendon rupture, bone, fractures, avascular necrosis, esophageal ulceration, GI perforation, pancreatitis, GI bleeding, peptic ulcer, skin atrophy, anaphylactoid reactions, lupus-like symptoms, angioedema, heart, failure, seizures, optic neuritis, retinopathy, visual impairment, ocular hypertension, cardiac, arrest, thrombosis, pulmonary edema, stroke, bradycardia, vasculitis, cardiomyopathy, myocardial infarction, arrhythmia exacerbation, thromboembolism, erythema, hypothalamic-pituitary-adrenal (HPA) suppression, hypotension, physiological dependence, pseudotumor cerebri, withdrawal, adrenocortical insufficiency, hypothyroidism, Cushing’s, syndrome, hyperthyroidism, postmenopausal bleeding, osteopenia, myopathy, osteoporosis, constipation, gastritis, impaired wound healing, skin ulcer, candidiasis, neutropenia, immunosuppression, hypertension, hypokalemia, hypernatremia, hypocalcemia, metabolic, alkalosis, edema, fluid retention, sodium retention, neuritis, psychosis, memory impairment, peripheral neuropathy, euphoria, mania, delirium, hallucinations, EEG changes, amnesia, depression, impaired cognition, exophthalmos, blurred vision, ocular infection, cataracts, glycosuria, hyperglycemia, diabetes mellitus, phlebitis, hypercholesterolemia, sinus tachycardia, palpitations, angina, tolerance, growth inhibition, hepatomegaly, elevated hepatic enzymes, contact dermatitis, anemia, glossitis, pruritus, maculopapular rash, xerosis, skin irritation, lethargy, fever, dysmenorrhea, amenorrhea, menstrual irregularity, arthralgia, myalgia, arthropathy, weakness, abdominal pain, appetite stimulation, nausea, weight gain, vomiting, hiccups, anorexia, weight loss, diarrhea, petechiae, urticaria, acne vulgaris, telangiectasia, folliculitis, alopecia, skin hyperpigmentation, acneiform rash, hypertrichosis, rash, miliaria, perineal pain, diaphoresis, striae, purpura, ecchymosis, hirsutism, injection site reaction, skin, hypopigmentation, leukocytosis, infection, vertigo, restlessness, malaise, irritability, anxiety, headache, emotional lability, paresthesias, insomnia, syncope,dizziness. Tretinoin should not be used during pregnancy and breastfeeding. The safety and efficacy of topical hydrocortisone products have not been established in children and adolescents. Children should not take or come in contact with tretinoin. We are incorporating the following drug PDR in this section by referencing it here: https://www.pdr.net/drug-summary/Hydrocortisone-Lotion-2-5–hydrocortisone-3417.412
Signing Up for Happy Head
Use of Club View Capital and Happy Head
When using our Platform, Site, or Service, you are responsible for your use of Club View Capital and Happy Head, and for any use of Club View Capital and Happy Head made using your account. You agree not to access, copy, or otherwise use Club View Capital and Happy Head, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Club View Capital and Happy Head. Additionally, you agree to abide by the following:
- You will not copy, distribute or disclose any part of the Site, Platform, or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, Platform, or Service;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or Platform to extract data;
- You will not use automated bots or other software to send more messages through our Service, Site, or Platform than humanly possible;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Platform, Site, or Service;
- You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site, Platform or Service;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree that you will not hold Club View Capital and Happy Head responsible for your use of our Platform or Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Club View Capital and Happy Head;
- You agree not to interfere with or disrupt the Site, Platform, or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you solely are responsible for such violations;
- You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site or Platform, including the de-indexing or de-caching of any portion of our Site or Platform from a thirty party’s website, such as by requesting its removal from a search engine or app store; or
- You will not upload any content to our Site or Platform that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service, Site or Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Club View Capital and Happy Head reserves the right to suspend or terminate any account at any time without notice or explanation.
Our License Grant to You
After registering for our Site or Platform, we grant you a personal, non-exclusive, revocable, limited license to use our Service, access our Site or Platform. As a user, you do not receive any ownership interest in any portion of our Site, the Platform, or any of the associated Services; you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Site, Service, and Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site or Platform or any portion of it.
- You may not share your license with any other parties.
- You may not violate any laws, rules or procedures of the United States.
- You may not access our Site, Platform, or Service except through specific channels provided by us.
- You may not use the Site, Platform, or Service on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to the Platform or derive income from the use or provision of the Service or Platform, unless enabled by functionality created by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Site, Platform, and Service at our discretion. Additionally, we may revoke or restrict your access to our Service if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Site, Platform, and Service, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.
When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Club View Capital and Happy Head, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
You will be able to access the Site and Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
Site, Platform and Service Availability
Although we will try to provide continuous Site, Platform, and Service availability to you, we do not guarantee that the Site, Platform, or any Services will always be available, work, or be accessible at any particular time. We have no obligation to provide you access to the Site, Platform, or Service. You understand and acknowledge that due to circumstances both within and outside of the control of Club View Capital and Happy Head, access to the Platform may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Club View Capital and Happy Head may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site, Platform, or Service will work as stated, or that it will give you the desired results. You acknowledge that, although the Internet and mobile applications are often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Club View Capital and Happy Head and that we shall not be responsible for any data lost while transmitting information on the Internet
Modification of Service
We reserve the right to alter, modify, update, or remove our Site, the Service, Platform or products sold through us at any time. We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
Site and Platform Disclaimer
Please be aware that our Service and any information found within it are offered “as-is.” Club View Capital and Happy Head does not endorse and may not verify any of its users or any User Content or Health Counselor Content submitted by users found through the Club View Capital and Happy Head Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Club View Capital and Happy Head with respect to such actions or omissions.
The design of the Club View Capital and Happy Head Platform and Service along with Club View Capital and Happy Head Site, created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Club View Capital and Happy Head, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Club View Capital and Happy Head reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
Payments and Chargebacks
In order to use the Service or speak with any Health Counselors, you may be required to submit your billing and payment information. Before connecting with any Health Counselors, user will be required to pay the amounts due as listed via the Site or Platform. You expressly authorize us to charge you for any amounts due using your payment information we on file. All payment information will be processed, stored, and secured by our third party payment processor Stripe.
Where a user conducts a chargeback against Club View Capital and Happy Head, such user shall be liable to Club View Capital and Happy Head for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses occurred by Club View Capital and Happy Head in enforcing its rights against that user under this section. Additionally, should a credit card be declined for any reason including but not limited to expiry or insufficient credit, Club View Capital and Happy Head may pursue a claim against you for the unpaid amount and shall be entitled to be paid by you for the same costs, disbursements and other expenses as described in the above paragraph relating to chargebacks.
Cancellation Policy and Refunds
As we provide you with a unique service, all paid services are non-refundable. If you believe that there has been an error in billing or you are entitled to a refund, please contact us at [email protected]
Cancellation policy: This is a subscription service. There are two ways to cancel. Please cancel before your monthly subscription charge is executed. 1. You can log in to your account and click on the cancel button. This will cancel your subscription service right away. 2. You can also email us in writing telling us you wish to cancel your service. Cancellation notice must be in writing. Our email address is [email protected] If your credit card is charged, we can not retroactively refund. You must cancel the service before your next monthly subscription charge.
Representations and Warranties
THE SITE, PLATFORM, AND SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, USER CONTENT, OR HEALTH COUNSELOR CONTENT, HAPPY HEAD PRODUCTS, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLUB VIEW CAPITAL AND HAPPY HEAD , NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE, PLATFORM, OR WEBSITE; (B) ANY USER CONTENT OR HEALTH COUNSELOR CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CLUB VIEW CAPITAL AND HAPPY HEAD OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
CLUB VIEW CAPITAL AND HAPPY HEAD DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. CLUB VIEW CAPITAL AND HAPPY HEAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Club View Capital and Happy Head DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Club View Capital and Happy Head SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. Club View Capital and Happy Head DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH Club View Capital and Happy Head.
Limitation of Liability
YOU AGREE THAT THE CLUB VIEW CAPITAL AND HAPPY HEAD PLATFORM IS MEANT FOR ONLY GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL CLUB VIEW CAPITAL AND HAPPY HEAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, HEALTH COUNSELORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT (INCLUDING DEATH), PSYCHOLOGICAL,EMOTIONAL, INDIRECT, INCIDENTAL, FINANCIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE OF PRODUCTS PURCHASED FROM THIS WEBSITE OR YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, USER CONTENT, OR HEALTHCARE CONTENT (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF PRODUCTS PURCHASED FROM THIS WEBSITE OR YOUR ACCESS TO AND USE OF OUR SITE, PLATFORM OR SERVICE, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) YOUR INTERACTIONS WITH ANY HEALTH COUNSELOR OR ANY FAILURE OF ANY HEALTH COUNSELOR INFORMATION LISTED ON OUR SITE OR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE , PLATFORM, OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .
CLUB VIEW CAPITAL AND HAPPY HEAD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, HEALTH COUNSELORS, AGENTS, LICENSORS AND SUPPLIERS, AND PARENT COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR THE USE OF PRODUCTS PURCHASED FROM THIS WEBSITE. CUSTOMER’S SOLE REMEDY IS EITHER REPLACEMENT OR REFUND FOR THE PRODUCTS PURCHASED. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE REQUIRED, CLUB VIEW CAPITAL AND HAPPY HEAD LIABILITY IN CONNECTION WITH YOUR USE OF THE CLUB VIEW CAPITAL AND HAPPY HEAD PLATFORM, SITE OR SERVICE SHALL NOT EXCEED ONE-HUNDRED USD OR THE TOTAL AMOUNT PAID BY THE USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, WHICHEVER IS GREATER. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY USER CONTENT, HEALTH COUNSELOR CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.
Club View Capital and Happy Head shall have the right, but not the obligation, to monitor any User Content of the Club View Capital and Happy Head Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, Club View Capital and Happy Head shall have the right, but not the obligation, to remove any material that Club View Capital and Happy Head in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Public and Private Forums
You acknowledge and agree that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, other users may be able to view your communications without your knowledge. We do not control or endorse the content, messages or information found in any Community, specifically disclaim any liability concerning the Communities and any actions resulting from your participation, including any objectionable content. Generally, any communication which Users post to the Club View Capital and Happy Head Platform (whether in chat rooms, discussion groups, message boards or otherwise, except for the personal information related to the inquiries submitted to Health Counselors) is considered to be non-confidential. If particular portions of the Platform or Site permit the submission of communications that will be treated by Club View Capital and Happy Head as confidential, that fact will be stated on those pages.
You agree to defend, indemnify and hold harmless Club View Capital and Happy Head, its officers, directors, employees, health counselors, and agents, and Health Counselors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Club View Capital and Happy Head Site and Service;
- your interactions with Health Counselors;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that you have improperly used a third parties’ information.
This defense and indemnification obligation will survive this Agreement and your use of the Club View Capital and Happy Head Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Club View Capital and Happy Head, [email protected]
Club View Capital and Happy Head and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Service and please do not submit any information to us.
Arbitration and Class Action
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Club View Capital dba Happy Head, or the Site, Platform, or any of the Health Counselors or Service arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles, California, or at such other location as may be mutually agreed upon by you and Club View Capital and Happy Head, ; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Club View Capital ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Club View Capital dba Happy Head shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Club View Capital and Happy Head are deemed to conflict with each other’s operation, you agree that Club View Capital and Happy Head shall have the sole right to elect which provision remains in force.
Non-Waiver and Miscellaneous
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The section headings used herein are for convenience only and shall be of no legal force or effect.
We may terminate your use and access to our Site, Platform, and Service if you have breached this Agreement, we determine in our sole discretion that your actions may harm Club View Capital and Happy Head, or for any other reason without notice. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason. Please be aware that if we terminate service, you must cease using our Site, Service, or Platform immediately. You may terminate this Agreement and your license by simply deleting the Platform or by notifying us in writing that you no longer wish to use the Platform, Site, or Service. Any outstanding payments due and owning by you must be paid in full before terminating this Agreement. 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.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. In order to continue using our Site, Platform, or Service you will have to agree to these new amendments. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site, Platform, or Service.
The communications between you and Club View Capital and Happy Head use electronic means, whether you visit the Site or Service, via text or e-mails, or whether Club View Capital and Happy Head posts notices on the Site or Service or communications with you via e-mail or text. For contractual purposes, you (1) consent to receive communications from Club View Capital and Happy Head in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Club View Capital and Happy Head provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
When you use the Club View Capital and Happy Head, you agree that Club View Capital and Happy Head may send you automatically via e-mail, text, or mobile telephone reminders that contain protected health information as defined under HIPPA. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure.
The Service and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Third Party App Store Requirements
This Agreement is entered solely into between you and Club View Capital and Happy Head Platform. Although our Platform may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the Club View Capital and Happy Head Application. Club View Capital dba happy head is solely responsible for the content thereof as set forth hereunder. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the Terms of this Agreement shall control.
Third Party Websites and Location Information
You may be able to visit third party websites from our Site or Platform. Club View Capital and Happy Head does not endorse or otherwise represent that such third party sites will be error free or harmless. Location data provided by the Club View Capital and Happy Head Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Club View Capital and Happy Head must be sent to our agent for notice to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
California Residents Prop 65 Warning
WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov
For more information about CA Prop 65 and your product, please call us at 800-559-1381.
CCPA Opt-Out Page
No Claim of Accuracy or Completeness.
We make no promises or warranties regarding the accuracy or completeness of any information contained in this website and/or any pages accessible from this website, nor do we make any promise or warranty to maintain or update this information.
No Warranties of Suitability for Use.
We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information or product contained and sold on this website.
Assumption of Risk of Use.
Any person using this website or products purchased from this website assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. We shall not be liable for any damages for purchasing, using, distributing, viewing, or relying upon the products or materials in this website, including any indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages.
Each party shall bear its own attorneys fees, irrespective of the outcome of that party’s case or result.
CLUB VIEW CAPITAL AND HAPPY HEAD do not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HAPPY HEAD is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HAPPY HEAD reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to HAPPY HEAD in its sole discretion.
- All trademarks, service marks, and trade names of HAPPY HEAD used in the site are trademarks or registered trademarks of HAPPY HEAD. All trademarks and trade names used on this website are the property of their respective owners, and HAPPY HEAD is using those trademarks with the permission of their respective owners. The respective owners shall retain sole ownership rights to the trademarks, and we shall not acquire any rights to those trademarks or any intellectual property of the respective owners.
- HAPPY HEAD and its officers, health counselors, directors, representatives, parent corporation, and affiliates shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, or from the performance of the products purchased from this website, even if HAPPY HEAD has been advised of the possibility of such damages.
- In an attempt to provide increased value to our visitors, CLUB VIEW CAPITAL AND HAPPY HEAD may link to sites operated by third parties. However, even if the third party is affiliated with HAPPY HEAD, HAPPY HEAD has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HAPPY HEAD. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HAPPY HEAD seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
DIGITAL MILLENNIUM COPYRIGHT ACT STATEMENT & INFRINGEMENT POLICY
If you believe that certain materials on this website infringe on your copyrighted materials, you may file a DMCA notice with our company to have the material removed. The written notice must be emailed o r faxed to us and include the following information:
A) The subject line must state “DMCA Copyright Infringement Notice”
B) Include your full name, mailing address, telephone number, and email address
C) Identify the copyrighted work and describe in detail how the copyrighted work has been infringed
D) Describe where the copyrighted material can be located on our website, i.e., URL address
E) A statement that you have good faith belief that the subject material is not authorized to be used on this website by the copyright owner, its agent, or the law
F) A statement under the penalty of perjury that the information contained in the DMCA notice is accurate and that you are either the copyright owner or authorized to act on behalf of the owner
G) Signature (physical or electronic) and date
The Copyright Agent for notice of claims of copyright infringement on this website can be reached as follows:
COPYRIGHT COMPLIANCE MANAGER
Old office address:
2825 Santa Monica Blvd
Santa Monica, CA 90404
New office addresss:
11669 Santa Monica Blvd
Los Angeles, CA 90025
Email: [email protected]
Knowingly making material false statements regarding an infringement material may subject you to liability for damages and costs incurred by our company.
Last Updated: 2/28/2020