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Terms of service

Welcome to the Happy Masks website (this “Site”). Happy Masks (“Happy Masks,” “we,” “us,” or “our”) provides this site as a service to our customers. These Terms of Service (these “Terms”) are entered into by and between you and Happy Masks and govern your access to and use of our Site, including any content, functionality, products and services offered, or transactions made through our Site, including the purchase of any product(s), whether as a guest or registered user. 

Please read these Terms carefully before you start to use this site. By using this Site, you agree to follow and be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you must not access or use this Site in any way.

THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND INCLUDE A LIMITATION ON THE TIME PERIOD DURING WHICH YOU MAY BRING A CLAIM AGAINST US. PLEASE SEE THE SECTIONS TITLED “ARBITRATION” AND “LIMITATION ON TIME TO FILE CLAIMS” BELOW FOR MORE INFORMATION.

Happy Masks reserves the right to modify and update these Terms at any time without prior notice to you. All changes are effective immediately when we post them, and apply to all access to and use of this Site thereafter. However, any changes to the dispute resolution provisions set out in the section titled “Arbitration” below will not apply to any disputes for which the parties have actual notice before the date the change is posted.

Please review this page periodically for modifications and updates as they are binding on you. Continued access to or use of our Site at any time following the posting of modified Terms constitutes full acceptance of such modified Terms.

The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

ANY MEDICAL OR HEALTH CARE INFORMATION PRESENTED, OR INFORMATION REGARDING ANY PRODUCTS OR SERVICES ADVERTISED OR AVAILABLE FOR PURCHASE ON OR THROUGH THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. PRODUCTS OFFERED FOR SALE BY HAPPY MASKS THROUGH THIS SITE ARE NOT INTENDED FOR MEDICAL USE AND ARE NOT DEVICES INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE AND DO NOT MEET THE DEFINITION OF A MEDICAL DEVICE AS SET FORTH IN SECTION 201(H) OF THE FD&C ACT.

HAPPY MASKS MAKES NO WARRANTIES REGARDING THE EFFICACY OR DURABILITY OF ANY PRODUCTS OFFERED FOR SALE BY HAPPY MASKS THROUGH THIS SITE. HAPPY MASKS PRODUCTS ARE NOT INTENDED FOR USE IN ANY SURGICAL SETTING OR WHERE SIGNIFICANT EXPOSURE TO LIQUID, BODILY OR OTHER HAZARDOUS FLUIDS MAY BE EXPECTED, TO PROVIDE LIQUID BARRIER PROTECTION, FOR PARTICULATE FILTRATION OR IN HIGH RISK AEROSOL GENERATING PROCEDURES, IN THE PRESENCE OF A HIGH-INTENSITY HEAT SOURCE OR FLAMMABLE GAS, OR IN ANY CLINICAL SETTING WHERE THE INFECTION RISK LEVEL THROUGH INHALATION EXPOSURE IS HIGH. HAPPY MASKS PRODUCTS ARE NOT INTENDED FOR ANTIMICROBIAL OR ANTIVIRAL PROTECTION OR RELATED USES OR TO PREVENT OR REDUCE THE RISK OF ANY BACTERIAL OR VIRAL INFECTION. 

NOTICE

Happy Masks may contact you or provide you with service-related and or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

TRANSACTIONS

You represent that you have reached the age of majority in the state in which you reside and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and our Privacy Policy, and register or place an order on your behalf. You further represent that you are buying products or services for your own personal or household use only, and not for resale or export.

If you make a purchase through this Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THIS SITE. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. You may be asked to provide verification of any information you provide prior to completion of any transaction.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered by you will be used only in a lawful manner.

Happy Masks reserves the right, without prior notice to you, to limit the available quantity of or discontinue any product or service offered through this Site, prohibit any user from making or completing a transaction through this Site, or refuse to provide any user with any product or service in Happy Masks’s sole discretion. Further, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We also reserve the right to prohibit purchases of any merchandise by resellers (i.e., any company or an individual that purchases products for purposes of selling them rather than using them).

From time to time Happy Masks may offer promotions or discount codes. Applicable promotion or discount codes should be entered during the checkout process. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Promotions and discounts cannot be used in conjunction with any other offers.

You agree to pay all charges that may be incurred by you or on your behalf through this Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchase.

Products purchased through this Site will be shipped in accordance with our Shipping Policy and may be returned to Happy Masks only in accordance with our Refund Policy. The Shipping Policy and Refund Policy are incorporated herein by reference and may be modified or updated at any time without prior notification to you. The risk of loss and title for products purchased from this Site pass to you upon our delivery of such products to the carrier.

GENERAL SITE USE

We reserve the right to withdraw or amend this Site, and any service or product we provide on this Site, in our sole discretion without notice to you. We will not be liable if for any reason all, or any part, of this Site is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users including registered users.

You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms and comply with them.

To access this Site or some of the features it offers, including making a purchase through the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on this Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You must not access or use this Site for any illegal or unauthorized purpose, and you agree not to:

  • use this Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • use this Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
  • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • impersonate or attempt to impersonate Happy Masks, or our employees, other users, or any other person or entity.
  • use a buying agent to conduct transactions on the Site;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm Happy Masks or users of this Site, or expose them to liability.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. Happy Masks investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, by doing any of the following:

  1. Accessing data not intended for you or logging on to a Happy Masks server or account that you are not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
  3. Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site.
  4. Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

RELIANCE ON INFORMATION; CORRECTION OF ERRORS

The information presented on or through this Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.

The information on this Site may contain typographical errors or inaccuracies, or may be out of date at any given time. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for informational purposes only. Although Happy Masks has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Happy Masks cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. 

Products displayed may be out of stock or discontinued, and prices are subject to change. The inclusion of any products or services on this Site does not imply or warrant that these products are or will be available at any time.

We reserve the right to update any information we see fit at any time without prior notice, however we are under no obligation to update or correct such information. Please note that such errors may relate to product information, pricing and availability. In these instances, we have the right to terminate or reject any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.

THIRD PARTY CONTENT AND LINKS

This Site may include content created or provided by third parties, including materials provided by other users, our customers, bloggers, third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Happy Masks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Happy Masks. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Site may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. Happy Masks does not control these sites or resources provided by third parties and makes no representations regarding such sites or resources. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

PROPRIETARY RIGHTS; USAGE RESTRICTIONS

All of the content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Happy Masks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Happy Masks grants you a limited license to access and make personal use of this Site. 

The Happy Masks name, logos, designs, slogans, titles, phrases, designs, product and service names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Happy Masks Intellectual Property”) are owned by Happy Masks and may be registered in the United States and internationally. You agree not to display or use any Happy Masks Intellectual Property in any manner without Happy Masks’s prior permission. All other names, logos, designs, slogans, titles, phrases, designs, product and service names on this Site are the trademarks of their respective owners. Nothing on the Site should be construed to grant any license or right to use any Happy Masks Intellectual Property without the prior written consent of Happy Masks. Except as otherwise expressly provided herein, you are not granted a license to any content, features, or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site by you is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Happy Masks. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. 

NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that any content appearing on this Site infringes your copyright, you should notify us by sending an email to info@happymasks.co with “DMCA Takedown Request” in the subject line.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Site that is reasonably sufficient to enable us to identify and locate the material;
  • how we can contact you, such as your address, telephone number and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
  • a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

CORRESPONDENCE

Although we will make every effort to respond quickly to email and messages we receive through the Site, Happy Masks is under no obligation to respond to all correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. 

Happy Masks welcomes your reviews, comments, and other communications, photos, videos or other content that you share with us through this Site or directly via email or other message, or any content or information you publish through any social media channel, such as your name, social media handle, accompanying text, images, videos or audio from your social media accounts (such as Instagram), so long as the content you submit complies with our content standards (“User Submissions”). You hereby grant to Happy Masks a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute any User Submission that you make available to Happy Masks and to incorporate the User Submission into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. 

You agree that any User Submissions that you provide will:

  • be accurate; 
  • not violate or facilitate the violation of any law or regulation; 
  • not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and 
  • not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. 

You are solely responsible for your User Submissions, and Happy Masks assumes no liability for any User Submission provided by you. Happy Masks may (but has no obligation) to: 

  • monitor User Submissions; 
  • alter, remove, or refuse to post or allow to be posted any User Submission; or 
  • disclose any User Submission, and the circumstances surrounding its transmission, to any third party. 

You should not send us any User Submission that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Happy Masks may (but is not obligated) to display your name along with any User Submission you provide and is not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Submission you provide. 

You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in your User Submissions to use, and grant us the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Submissions that you may have under any applicable law under any legal theory. You further represent and warrant that any product review that you provide to us as a User Submission is based on your actual use of our product. 

While we welcome your comments and feedback regarding the Site, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Site or any email connection. Please note that all of your feedback, ideas, and suggestions (“Feedback”) that are disclosed or submitted to Happy Masks through the Site shall become and remain the property of Happy Masks and may be used by us for any purpose. Any such disclosure or submission of Feedback by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. 

DISCLAIMER

We cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED ON THIS SITE, THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HAPPY MASKS NOR ANY PERSON ASSOCIATED WITH HAPPY MASKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER HAPPY MASKS NOR ANYONE ASSOCIATED WITH HAPPY MASKS REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HAPPY MASKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HAPPY MASKS AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO HAPPY MASKS FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HAPPY MASKS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of this Site or any Products obtained through this Site.

GOVERNING LAW AND JURISDICTION

All matters relating to this Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

ARBITRATION

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

The arbitration proceedings will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by hereby. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these Terms are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

With respect to purchases made through this Site, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Happy Masks of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Happy Masks to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

ENTIRE AGREEMENT

The Terms together with any documents they expressly incorporate by reference, including our Privacy Policy, constitute the sole and entire agreement between you and Happy Masks regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.