WE ARE NOT a subscription based service. ALL purchases are one time transactions. You can NEVER be signed up for a subscription through Paypal (our payment processor) without explicitly giving your consent. Any attempt at pulling something like that off would result in an immediate ban on our Paypal account and they would freeze all of our funds. Thank you. If you need help understanding this document, consult an attorney. This is all just required by the various social media websites and search engines out there and is boiler plate.
We may, at any time, revise this TOU by updating this posting, changing the webzones, including the addition or discontinuance of any content or features, and impose fees, charges or other conditions for use of the Site or portions thereof (reasonable notice will be provided for imposition of fees). Your continued use of our webzones indicates your acceptance of all revisions and you should, therefore, periodically visit this page to review these policies for changes.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. We do not knowingly collect personally identifiable information from children under 18. If it comes to our attention through reliable means that a user is a child under 18 years of age, Happy Fruit Coffee Company will cancel that user?s downloads and access.
Information Sharing and Disclosure
We engage certain third parties to perform functions and provide services to us, including, without limitation, writing newsletters, engaging in online dialogue with users, operating our mailing list and hosting and maintenance of the Site. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data. Please read the Privacy Policies of our partners for more details(paypal, facebook, google). Your information is only provided to our services to maintain our email list, purchases of content, and our membership suite.
Compliance with Laws and Law Enforcement
Happy Fruit Coffee Company cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Happy Fruit Coffee Company or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
Changes in Price
The Site and content, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, logos, banners, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (collectively, ?Content?) and the trademarks, service marks and logos contained therein are the property of Happy Fruit Coffee Company and /or its third-party licensees or providers. You may access and use the Content, and download and/or print out copies of any content from the Site solely for personal and non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights in any other party?s intellectual property or by using the Site. Happy Fruit Coffee Company or its third-party licensees, as applicable, reserve all rights not expressly granted in and to the Site.
Our Site contains links to third party websites for convenience including, but not limited to certain brokerage companies and investment newsletters. The fact that we link to such a website is not an endorsement, authorization or representation of our affiliation with that third party including but not limited to any services or products they offer. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
User Responsibilities and Conduct
You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit any Content to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission from Happy Fruit Coffee Company. Modification of the Content or use of the Content other than your own personal, noncommercial use is a violation of our Intellectual Property Rights and can subject you to legal liability.
In addition, in connection with your use of the Site and its services you agree not to:
? Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of ?hacking? or defacing any portion of the Site;
? Use the Site for any unlawful purpose;
? Express or imply that any statements you make are endorsed by us, without our prior written consent;
? Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
? ?Frame? or ?mirror? any part of the Site without our prior written authorization;
? Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, ?data mine?, ?scrape?, ?harvest? or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
? Harvest or collect information about visitors to the Site without their express consent;
? Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site;
? Transmit any Content which contains software viruses, or other harmful computer code, files or programs;
? Infringe any party?s intellectual property rights,
? Threaten any of our users in any way;
? Incite hatred or promote materials that violate our users? civil rights;
? Include profanity, vulgarity, or pornography;
? Publish any other user?s personally identifiable information (e.g. credit card numbers, social security numbers, driver?s license);
? Impersonate any other user or person in a manner intended to mislead or confuse other users or engage in inappropriate, unethical or misleading behavior;
? Engage or promote illegal activities;
? Send spam or transmit any malware or viruses; and
? Solicit or advertise on the Site or add abusive and non-related linking to your own site;
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein. In order to access some of the services of the Site, you will have to create an account. By creating this account you agree to: ? Maintain a single account;
? Provide accurate and complete information;
? Never share your account user name or password or knowingly provide or authorize access to your account
? Never use another user?s account without permission;
? Be solely responsible for the activity that occurs on your account, and you must keep your account password secure; and
? Notify us immediately of any breach of security or unauthorized use of your account.
Happy Fruit Coffee Company uses Secure Socket Layer (SSL) encryption technology in order to provide a secure environment for all transactions and to protect certain information that you submit from loss, misuse and alteration while under our control. This type of technology also protects you from having your information intercepted by anyone other than Happy Fruit Coffee Company while it is being transmitted to us. We work hard to ensure that our Site is secure and that meet general industry standards. We also use other safeguards such as firewalls, authentication systems (e.g., passwords and personal identification numbers), and access control mechanisms to control unauthorized access to systems and data. We maintain physical, electronic and procedural safeguards to maintain the confidentiality of your information.
Happy Fruit Coffee Company is not responsible or liable in any manner for any Content posted on the Site or offered through our service membership suite, whether posted or caused by users, by Happy Fruit Coffee Company, by third parties or by any of the equipment or programming associated with or utilized by Happy Fruit Coffee Company. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site or as a result of services we offer and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter. Happy Fruit Coffee Company is not responsible for the conduct, whether online or offline, of any user. Additionally, for our convenience, our advertisements may contain and are not limited to the use of item representations, rented equipment and other manifestations, all material posted hereby on our webzones should be construed and understood as being such.
You agree that if there are problems or questions regarding the service that you will contact Happy Fruit Coffee Company for assistance and not dispute any charges from Happy Fruit Coffee Company unless you terminate for breach as provided in this Agreement. You agree to inform Happy Fruit Coffee Company of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to purchase any service and abide by these TOU including use of the credit associated with the account.
Due to the nature of our content, members and purchasers of content immediately benefit from the knowledge of the statistics, analytics and video essays and content provided on our site, we do not give refunds. You should recognize that investing and trading is a marathon, not a sprint so every last piece of information that can help you learn along the way and give you ?an edge? over your competitors is worth investing in. Your obligations with respect to fulfillment of any service survive these TOU and your use of the Site. If you are seriously upset with your purchase, contact us first and we can possibly work something out.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, SERVICES INCLUDED OR OBTAINED ON THIS SITE ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Happy Fruit Coffee Company EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Happy Fruit Coffee Company AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF TLC OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Limitation of Liability
Happy Fruit Coffee Company NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH TLC INCLUDING, BUT NOT LIMITED TO LOST REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES EVEN IF TLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TLC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
As a condition of your use of the Site, you agree to indemnify, defend and hold us harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys? fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third party, or (e) any claim or demand by a third party arising out of your use of any third party website. This defense and indemnification obligation will survive these TOU and your use of the Site.
Term and Termination
These TOU commence on your first use of our Site and continue until you cease to use our Site, if any, expires or has been terminated, whichever is later. You understand and agree that Happy Fruit Coffee Company may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site?s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all Happy Fruit Coffee Company policies referred to herein, constitutes the entire agreement between you and Happy Fruit Coffee Company relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
The laws of the State of New York, without reference to conflict of law rules, govern the TOU and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, any controversy between the parties arising out of the TOU shall be submitted to the American Arbitration Association for arbitration in New York, New York. The costs of the arbitration, including any American Arbitration Association administration fee, the arbitrator?s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Attorneys? fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The rules for civil procedures in New York shall apply. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party?s intellectual property or other proprietary rights. You and Happy Fruit Coffee Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Westchester County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.