Last Updated: February 16, 2023
Welcome to Hapi Homes
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, then please don’t use the Services.
Changes to these Terms or the Services
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Hapi Homes, and not otherwise barred from using the Services under applicable law.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Hapi Homes’s Intellectual Property
We exclusively own all rights in 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 to you, 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 and in addition to 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 using 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.
For your convenience, we may provide links to various other websites that may be of interest to 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 Hapi Homes’ Site and the Services Hapi 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 at any time. Hapi Homes disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites.
Except as expressly provided otherwise in a written agreement between you and hapi homes or you and a third party with respect to 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 use of the content, services, or the downloading or other use of any content or communications through any portion of the site is done at your own discretion and risk. hapi homes assumes no liability for any computer virus or other similar software code that is 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, then 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 their 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. you acknowledge, by your use of the site or the services, that such usage is at your sole risk and you accept the terms and conditions stated in this agreement, including the limitation of liability and disclaimers set forth herein.
Some states or jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. in the event 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, then 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 the services in any manner whatsoever 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.
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 and all 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 is in conflict 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 as regarding any action seeking equitable relief, including for the purpose of protecting Hapi Homes’s confidential information and/or 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 in accordance with 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 on an individual basis, 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 own counsel fees incurred in connection with 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 hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein
No Professional Advice
The information available on the Site or through the Services is intended to be a general information 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.
(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 set forth in Section 1 of this Agreement. For avoidance of doubt, notwithstanding this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Hapi Homes.
(b) Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order 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 of this 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 in 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 whatsoever.
(h) Notices. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 16. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through 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 by sending a message to us via the contact information provided in Section 16. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
If you would like to request additional information regarding this Agreement, please contact us at firstname.lastname@example.org.