Terms & Conditions of Use
TERMS & CONDITIONS OF USE
Last Updated: [Insert Date]
INTRODUCTION
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. VALUSA LLC ("Happin," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms and conditions of use (this “Agreement”). Please review these terms periodically for changes. THESE TERMS AND CONDITIONS OF USE CONTAIN A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIAL, AND A CLASS ACTION WAIVER (See Section 28). If you do not agree to the terms and conditions, you should not review information or obtain goods, services, or products from the Site.
ENTIRE AGREEMENT
This Agreement, along with all Happin policies referenced herein, constitutes the entire and only agreement between Happin and you. It supersedes all prior or contemporaneous agreements, representations, and understandings. Any terms and conditions you include in any purchase order or other documents are expressly excluded unless agreed upon in writing by you and an authorized representative of Happin.
USE OF THE SITE
By accessing the Site or ordering products, you agree not to use Happin’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, libelous, or otherwise objectionable. This includes material that infringes on the rights of others, including intellectual property rights.
VERIFYING YOUR ADDRESS
Happin reserves the right to contact you via email to verify the accuracy of account information, such as your name and address, necessary to provide you with requested information or products.
FRAUD
By creating an account, you confirm that the information provided is accurate and truthful. Happin may cancel your account without notice if false or misleading information is provided or if other abuses are detected.
COPYRIGHTS AND TRADEMARKS
All content on the Site, including the organization, graphics, design, and materials, is protected under applicable copyright and trademark laws. You do not acquire ownership rights to any content viewed through the Site. The copying, redistribution, or use of content without permission is prohibited.
PRODUCT INFORMATION AND COLORS
We make every effort to display our products, including their colors, as accurately as possible. However, due to variations in monitor displays, we cannot guarantee that the colors you see will be accurate. Products displayed on the Site may not always be available in retail stores, and prices are quoted in U.S. Dollars when shipping to the U.S.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be errors or omissions related to product descriptions, pricing, or availability. Happin reserves the right to correct any inaccuracies and to change or update information at any time without prior notice.
LIMITED RIGHT TO USE
The viewing, printing, or downloading of any content from the Site grants you a limited, non-exclusive license for personal use only. You agree not to republish, distribute, or sell any content from the Site for commercial purposes.
PROTECTION OF INTELLECTUAL PROPERTY
If you believe that any content or products on the Site infringe your intellectual property rights, please contact us at sendy@valusa.us. We will respond promptly and remove any infringing content where appropriate.
PRIVACY POLICY AND USE OF INFORMATION
Our Privacy Policy, which may change from time to time, is part of this Agreement. By using the Site, you consent to the collection and use of personal information as outlined in our Privacy Policy.
CREDIT CARD PAYMENTS
By purchasing from Happin using a credit card, you warrant that the information provided is accurate and that all charges incurred by you will be honored by your credit card company. You agree to pay the charges incurred at the posted prices, including applicable taxes and shipping fees.
TITLE AND LOSS
Title and risk of loss for products pass to you upon delivery to the carrier. Delivery lead times are estimates and not guaranteed. Happin is not liable for delays in delivery. Claims for damaged or lost shipments must be filed with the carrier.
LINKS TO OTHER WEBSITES
The Site may contain links to third-party websites. Happin is not responsible for the content, accuracy, or opinions expressed on these websites, and accessing such sites is at your own risk.
SUBMISSIONS
All ideas, suggestions, content, or other materials you submit to Happin are considered our sole property. Happin is entitled to use these materials without compensation to you.
CUSTOM PRODUCTS
If you create custom designs using Happin's services, you are responsible for ensuring that the designs do not infringe any intellectual property rights. Happin reserves the right to reject or cancel any custom orders that it deems inappropriate.
RETURN POLICY
Our return policy is part of this Agreement. Happin does not accept returns of custom products unless they are damaged or defective upon receipt.
ORDER MODIFICATION/REJECTION
Happin reserves the right to modify or reject any order, even after your credit card has been charged. You will be notified of any changes or cancellations to your order.
LIMITATION OF LIABILITY
Happin is not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Site or our products, even if advised of the possibility of such damages. In jurisdictions where limitations on liability are not allowed, this limitation may not apply to you.
DISCLAIMER
Happin makes no warranties regarding the reliability of the Site or the accuracy of its content. The Site is provided on an "as is, as available" basis without any warranties, express or implied.
INDEMNITY
You agree to defend and indemnify Happin and its affiliates from any claims, losses, or damages arising from your use of the Site or violation of this Agreement.
NOTICE FOR CALIFORNIA RESIDENTS
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
DISPUTE RESOLUTION AND ARBITRATION
Any disputes arising from this Agreement or the use of the Site must first go through a pre-dispute resolution process. If unresolved, the dispute will be settled by binding arbitration in Albuquerque, New Mexico.