Terms of use

Last updated: February 16, 2023

Welcome to Hapi Homes

Hapi Homes Holdings Inc. owns this website, www.hapihomes.com (the “site”); refer to these terms of Use (this “Agreement”), available for your use subject to the terms and conditions set forth below.

Agreement to terms

By using our services, you agree to be bound by these terms. Please don’t use the services if you disagree to be bound by these terms.

Privacy policy

Please review our privacy policy, which also governs your use of the services, for information on how we collect, use, and share your information.

Changes to these terms or the services

We may update the terms from time to time at our sole discretion. We’ll inform you by posting the updated terms on the site if we do. You must review the terms whenever we update them, or you use the services. If you continue to use the services after we have posted revised terms, you must accept and agree to the changes. If you disagree to be bound by the changes, you may not use the services anymore. Because our services are evolving we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion.

Feedback

We appreciate feedback, comments, ideas, proposals, and suggestions for service improvements (“feedback”). If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation.

Hapi Homes’s intellectual property

We own all rights to the services and any content made available through the Services. You acknowledge that the services and content are protected by copyright, trademark, and other laws of the United States and foreign countries, and you agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the services and content. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the services and content made available solely for your non-commercial purposes.

Separate agreements; additional terms; third-party content and services

You may have other agreements with Hapi Homes, such as purchase agreements or terms and conditions of sale. Those agreements are separate from this agreement. This agreement does not modify, revise, or amend the terms of any other agreements you may have with Hapi Homes.

When using content on this Site offered by Hapi Homes or the services, you may be subject to terms applicable to such content or services in addition to the terms in this Agreement. To use this site and the services, you must agree to such additional terms, where applicable.

Through this site or the services, Hapi Homes may also make available or use materials, information, and products, including software and services provided by third parties (collectively, the “third-party content/services”). The third-party content/services are governed by separate agreements accompanying such content and services, such as applicable terms of use (collectively, “third-party terms”). Hapi Homes may agree to third-party Terms on your behalf to set up the services for you. However, you are not obligated to use such third-party content/services, and you must not use such third-party content/services if you do not agree to the applicable Third-Party Terms.

We may provide links to various other websites that may interest you and for your convenience only. However, Hapi Homes does not control or endorse such websites and is not responsible for their products, services, or content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.

This agreement applies only to Happi Homes’ site and the services Happi Homes offers. If you decide to access any of the third-party sites linked to the site, you do so at your own risk, and you should review the terms and conditions and privacy policies of such third-party sites. Hapi Homes reserves the right to terminate any link or linking program anytime. Hapi Homes disclaims all warranties, express and implied, as to the accuracy, validity, and legality of any materials or information on such websites.

No warranties

Except as expressly provided otherwise in a written agreement between you and Hapi Homes or you and a third party concerning such third party’s content or products on the site, the site, the services, and all content accessible through the site and services are provided “as is” without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Hapi Homes makes no warranty that: (i) the site, services, and content will meet your requirements; (ii) the site, services, and content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the site, services, or content will be effective, accurate, or reliable; (iv) the quality of any content accessible by you through the site or the services will meet your expectations; and (v) any defects in the site, content, or services will be corrected.

The content, services, or the downloading or other use of any content or communications through any portion of the site is done at your discretion and risk. Hapi Homes assumes no liability for any computer virus or similar software code downloaded to your computer from the site or in connection with any content, services, communications, or email offered through the site. No advice or information, whether oral or written, obtained by you from Hapi Homes or through or from the site shall create any warranty not expressly stated in this agreement.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. In the event, the exclusion of implied warranties or limitations contained in this agreement shall be determined by a court to be invalid or unenforceable. Such provisions shall be reformed to the maximum limitation permitted by applicable law. To the extent permissible, any implied warranties are limited to 90 days.

Limitation of liability

You expressly agree to waive and hereby waive, such agreement and waiver being an essential part of this agreement, any and all claims and liabilities against Hapi Homes that arise from your use of the site, the services, content, or products in violation of any federal, state, or local laws or regulations.

Under no circumstances shall Hapi Homes, its affiliates, or any of its officers, directors, shareholders, members, employees, agents, or contractors be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the site or any content or services related to the site.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including loss of data, income, or profits), whether in contract, negligence, gross negligence, or other tortuous action, even if an authorized representative of Hapi Homes has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with the site, the services, any content on the site, or the services, or with this agreement, your sole and exclusive remedy is to discontinue using the site, services, or content. By using the site or the services, you acknowledge that such usage is at your sole risk. You accept the terms and conditions stated in this agreement, including the limitation of liability and disclaimers.

Some states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in the event that the exclusion or limitation of liability for consequential or incidental damages contained in this agreement shall be determined by a court to be invalid or unenforceable. Such provisions shall be reformed to the maximum limitation permitted by applicable law. In any event, the total maximum aggregate liability under this agreement or the use or exploitation of any or all parts of the site, content, or services in any manner shall be limited to one hundred dollars ($100.00).

This limitation of liability may be different in connection with specific products and services offered by Hapi Homes.

Indemnity

You agree to defend, indemnify, and hold Hapi Homes, its affiliates, and their officers, directors, shareholders, members, employees, agents, and contractors (collectively, the “Hapi Homes indemnitees”), harmless from and against any claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) resulting from, or alleged to result from, your use of the Site, your use of the Services, your provision of or use of any data, your use of third-party content/services, or your violation of this agreement.

Governing law and arbitration

This agreement shall be governed in all respects by the laws of the state of Delaware, without reference to its choice of law rules. If an applicable law conflicts with any part of this agreement, this agreement will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Except regarding any action seeking equitable relief, including to protect Hapi Homes’ confidential information and intellectual property rights, any controversy or claim arising out of or relating to this agreement or the use of the site or services shall be settled by binding arbitration following the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated individually and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Each party shall bear the burden of its counsel fees incurred in any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties waive all rights to judicial review of the arbitrator’s decision and any award.

No professional advice

The information available on the site or through the services is intended to be a general resource regarding the matters covered and is not tailored to your specific circumstance. It is not professional advice and should not be construed as such.

Miscellaneous terms

(a) Complete agreement. This agreement constitutes the entire agreement between you and Hapi Homes relating to your use of, and access to, the site and the services and supersedes any prior or contemporaneous agreements or representations. This agreement may not be amended except as outlined in this agreement. To avoid doubt, notwithstanding, this agreement does not modify, revise, or amend the terms of any other agreements you may have with Hapi Homes.

(b) Construction. Suppose any portion of this agreement is ruled invalid or otherwise unenforceable. In that case, it shall be deemed amended to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as likely to give effect to as much of this agreement as possible.

(c) Headings. Descriptive headings contained in this agreement are for convenience only and shall not control or affect the meaning or construction of any agreement.

(d) No waivers. Our failure to enforce or exercise any provision of this agreement or related right will not constitute a waiver of that right or provision.

(e) No assignments and transfers. No rights or obligations under this agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion.

(f) Language of this agreement. Although this agreement may be translated into other languages, the English language version of this agreement shall control any dispute between the parties.

(g) No third-party beneficiaries. Nothing in this agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities.

(h) Notices. You can provide us with any notices under this agreement by e-mail or mail using the contact information provided. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or posting notices to your account. You are responsible for providing Hapi Homes with up-to-date contact information, which you may do by updating your account information through the site or sending a message to us via the contact information provided. You agree that all communications we send you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

Contact us

If you would like to request additional information about this agreement, please email us at hello@hapihomes.com.