Terms of Service

 

Terms and conditions

Happy Vitals, Inc. (herein referred to as "Happy Vitals," "we," "us" or "our"), in partnership with the Happy Children Foundation (herein referred to as “Happy Children’s Health Study”, “HCHS”), provides and makes available this website (the "website") and any related services (each a "service," and collectively the "services") pursuant to this Terms of Use Agreement (the "Terms"). By accessing, browsing or otherwise using the website or any services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to and accept these Terms, you shall not access, browse or use the website.

No medical advice

The contents of our website, including any information provided in any reports generated by the services (collectively, "Your Result") and any other information, data, analyses, articles, editorial content, images, audio and video clips, hyperlinks and references (collectively, "Content"), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. To satisfy the laws of certain states, we may engage the services of a licensed health professional or other person authorized by law to order the services or to receive your test results, prior to making these results available to you. However, these interactions are not intended to imply, substitute, or create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or your test results or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.

Your account

You will be required to create a user account with Happy Vitals ("Your Account") in order to access certain portions of our website, purchase the services, and obtain certain information. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our website or the services if any information provided by you is inaccurate or incomplete. You will be prompted to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our website and the services with Your Account. You must immediately notify Happy Vitals of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

This website is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the website. By using the website, you also represent and warrant that you are eighteen 18 years of age or older and that you will not use our website or the services for any purpose that is unlawful, unethical or in violation of these Terms.

Charges and billing

You must provide a valid credit card number when you order an Happy Vitals product or service, or when you make a contribution to Happy Children’s Health Study. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using Your Account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes. We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice.

Biological Specimens and Laboratory Testing

We make no guarantee of the accuracy of any laboratory results fulfilled by third party laboratories. You understand that the purchase of any kit and any laboratory testing testing performed are for medical research purposes only, with cost of kits to mostly to defray cost of kits, lab materials, labor, overhead, and general shipping. Any results arising from laboratory tests are delivered to the customer for free without charge for educational purposes. If you reside in a geographic location that prohibits direct to consumer sales of laboratory tests and results, you understand the test kits and testing are provided to you for medical research, and do not constitute testing that would otherwise violate any applicable laws. Purchases of the kits and providing results also do not constitute any expressed intent for clinical diagnosis, treatment, or other clinical use. You understand that any biological specimens provided are hereby provided to us for laboratory processing, storage, and/or disposal, and with purchase of a kit, you grant all rights to do so therein. Further rights related to the use of the data and participation in the HCHS shall be further described in the subsequent formal enrollment process of the HCHS, if one so chooses to participate.

Limitations on your use of the website

You agree that:

  1. You will not to take any action that imposes an unreasonable load on the website's infrastructure, disable, overburden, or impair the proper working or appearance of the site, such as a denial of service attack or interference with page rendering or other website functionality.
  2. You will not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website,
  3. You will not to attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website,
  4. You will not delete or alter any material posted on the website by Happy Vitals or any other person or entity, or infringe the copyrights of others.
  5. You will note to harass, intimidate, or bully any other users.
  6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not frame-link (via any embedded website frame) or aggregate or scrape any of the materials or information available on the website to another third-party website.
  8. You will not post unauthorized commercial communications (such as spam) on the site.
  9. You will not collect users' content or information, or otherwise access the site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  10. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the site.
  11. You will not upload viruses or other malicious code.
  12. You will not solicit login information or access an account belonging to someone else.
  13. You will not use Facebook to do anything unlawful, misleading, malicious, or discriminatory.
  14. You will not facilitate or encourage any violations of this Statement or our policies.
  15. You will keep your contact information accurate and up-to-date.
  16. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  17. You will not transfer your account to anyone without first getting our written permission.

Ownership and use of content

The website is owned and operated by Happy Vitals and the Content and the services and any intellectual property and other rights relating thereto are and will remain with Happy Vitals, its licensors and suppliers, as applicable. The Content and the services are protected by U.S. and international copyright, trademark and other laws. Happy Vitals grants you a non-exclusive, non-transferable, revocable, limited license to receive the our services you purchase from Happy Vitals, and to view and print one or more copies of your test result and any other content obtained by you from our website, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. By using our website or any services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, website or any services, or "frame" or "mirror" any part of our website without prior written consent from us.

Trademark notices

All trademarks, service marks and logos used on our website, whether registered or unregistered, are owned by Happy Vitals, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our website without prior written consent from the rightful owner(s).

Accuracy and integrity of information

While we strive to keep the Content accurate, complete and up-to-date, we cannot and does not guarantee the accuracy, completeness, or timeliness of your report or any other content, whether provided by our licensors, our suppliers or us. It is possible that the content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within your result or other content may be changed or updated by us without notice. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HAPPY VITALS NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.

Modification or Suspension of Our Site

We may at any time modify, discontinue, or suspend its operation of, or restrict access to, our website or the services, or any part thereof, temporarily or permanently, without notice to you.

Intended audience

Our website is maintained by Happy Vitals, Inc. from its office within the United States. We make no representation that materials in our website are appropriate or available for use in other locations. Those who choose to access this website or any services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this website are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this website may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this website in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.

No warranty

OUR SITE, THE SERVICES, YOUR TEST RESULT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

Limitation of liability

HAPPY VITALS ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, OUR SERVICES, YOUR TEST RESULT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL HAPPY VITALS, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TEST RESULT DATA, YOUR TEST RESULT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND HAPPY VITALS OR OUR SITE; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HAPPY VITALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless Happy Vitals, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use of our website, the services, or other content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our website. You agree to cooperate as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent from us.

Applicable law

This agreement and the resolution of any dispute related to these Terms, our website, the services, your test result or any other content shall be governed by and construed in accordance with the laws of Virginia, without regard to its conflicts of law principles. Any legal action or proceeding between Happy Vitals and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Virginia, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

General

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this website. These Terms, together with any such other legal notices and terms on our website, our Privacy Policy and any Happy Vitals Informed Consent that you have agreed to, constitute the entire agreement between Happy Vitals and you pertaining to the subject matter hereof. We may, at its sole discretion, periodically revise these Terms by updating this posting. You should periodically visit this page to review the current version of these Terms, so you are aware of any revisions to which you are bound. If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision and the remaining provisions of these Terms shall continue in full force and effect.

Last updated: October 11, 2015