By participating inHappiGenius Live (HG-Live), you are agreeing to be bound by these Terms of Use,all applicable laws and regulations, and agree that you are responsible forcompliance with any applicable local laws. If you do not agree with any ofthese terms, you are prohibited from using or accessing this program. Thematerials contained in this School and shared with you are protected byapplicable copyright and trademark law.
The terms and conditions (the“Terms” or “Conditions”) listed in this document relate to any and all currentand future HappiGenius programs (“Products”) produced, released, or marketed byGlobal Center for Resiliency and Wellbeing, LLC (“GCRW”, “We”, or “Us”). Thisincludes, but is not limited to, the live and online programs (“Program”).These Terms also apply to photos, videos, blogs, meditations, stories, or anyother form of media (collectively called “Content”) that is shared with Users.Content can be generated by GCRW or Users and can be shared or disseminatedthrough any of our Products.
These Terms and conditionsapply to any person (the “User” or “Users”) who purchases or uses GCRW Productson any platform (“Devices”) including mobile, desktop, laptop, tablet, orbooks. If a User is not comfortable with any of the Terms listed in thisdocument, they should refrain from using GCRW Products.
Since our Products areconstantly evolving, these Terms might change as per the need of GCRW or any ofits Products. GCRW reserves the right to update any portion of its Terms at itssole discretion. These changes will either be reflected on our website or incertain cases, be communicated to Users through an email, pop-up notification,or our Apps. By continuing to use our Products, you agree that you will abideby these Terms and Conditions.
In case of any question aboutthe Terms and Conditions listed in this document, please feel free to email usat as@resilientoption.com. This email address can also be used to providefeedback on our Products.
By providing feedback to GCRWon Products, you grant GCRW full, royalty or license-free rights to create andfully own Content, additional Products, or anything else that might beclassified as intellectual property in perpetuity.
Responsible Use of Products
GCRW is not a registeredmedical services provider or a medical device company. As such, our productsare not meant to substitute the use of a licensed medical practitioner. Usersshould consult a licensed medical practitioner such as a physician if they areseeking diagnosis or treatment for any physical or mental health condition. Ourproducts are designed to help users with general wellbeing and resilience andare not meant to treat specific mental health diagnoses. Users are responsiblefor ensuring they use GCRW products, program, and content in a safeenvironment, which doesn’t put them or anyone around them in any sort ofdanger.
The U.S. Food and DrugAdministration has not certified any GCRW products. If Users experience anynegative effects because of GCRW products, they should stop using themimmediately and consult a medical practitioner to seek therapy, diagnosis, ormedication.
Happi Genius subscribers needto be at least 18 years old to subscribe to our products. In case a User isless than 18 years old, they require explicit permission from a parent or legalguardian allowing them to use Happi Genius. In this case, the parent or legalguardian is subject to Happi Genius’s Terms and Conditions.
In order to purchase any GCRWproduct, program or content (Including Happi Genius Live) a User needs to be atleast 18 years old. The User also needs to be able to form a signing contractand should not be prohibited by law from using GCRW products, program, andcontent.
In order to start using HappiGeniusLive, a User will need to sign-up and may have to create a user profile(“Profile”). A single User can have only one Profile, which they are free toaccess through different Devices. In order to create a Profile, GCRW may useinformation from their email account. By using HappiGenius, Users give uspermission to get basic demographic and background information about them fromGoogle.
In order to continue usingGCRW products, Users need to ensure that their information is thorough,accurate, and updated at regular intervals. Failure to provide correctinformation will lead to temporary or permanent suspension of the User’saccount. This will be done at the discretion of GCRW. If a User’s Profileinformation is compromised in any way, it is their responsibility to informGCRW as soon as they learn about the data or information breach. The User willbe held accountable for any unlawful use, by them or otherwise, of theiraccount.
Fees
In order to participate inHappiGenius Live, unless otherwise specified, a User must pay a fee (“Fee” or“Fees”). This fee will allow them to participate in HappiGenius Live for apre-determine period (“Term”).
It is the responsibility ofthe User to read the scope of services before signing up. If the User has anyquestions or concerns about the pricing or scope of services offered, they mustcontact GCRW at as@resilientoption.com before signing up.
Change in Fees or Scope of Service
GCRW reserves the right tochange or waive the Fee at its sole discretion. In case our Fee changes, GCRWwill inform Users about all relevant specifics including the amount and timingof the change. These changes will be applicable to future payments. If a Useris not willing to bear the change in Fees, they should cancel theirsubscription immediately or reach out to us at as@resilientoption.com.
Similarly, GCRW holds theright to change the scope of service in a specific tier of any of our products.If there is a material change, GCRW will inform Users through email or throughan update on our website.
Payment Method
In order to collect Fees fromUsers, GCRW requires them to provide personal financial information. Thisincludes credit card information including, but not limited to, full name,credit card number, credit card type, credit card expiration date, and creditcard CVV number. GCRW reserves the right to temporarily or permanently ban aUser if any of their financial information is found to be incorrect orfraudulent. If required, GCRW may conduct additional background and identityverification checks by asking for more information from the User. By providingany personal or financial information, a User allows GCRW to use theinformation to process their Fee. GCRW might share the information with thirdparty application hosting platforms. The User also agrees to pay any additionaltaxes that are levied by the Application Hosts.
Fees paid by Users to GCRWare non-refundable. A User is also prohibited from transferring these Fees toanother User’s account. A confirmation of purchase will be sent to users oncethe Fee has been successfully processed.
Permission is granted totemporarily download one copy of any downloadable materials on the HappiGenius websitefor personal, non-commercial transitory viewing only. This is the grant of alicense, not a transfer of title, and under this license you may not:
· modify or copy the materials;
· use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on the School’s web site;
· remove any copyright or other proprietary notations from the materials; or
· transfer the materials to another person or 'mirror' the materials on any other server.
This license shallautomatically terminate if you violate any of these restrictions and may be terminatedby GCRW at any time. Upon terminating your viewing of these materials or uponthe termination of this license, you must destroy any downloaded materials inyour possession whether in electronic or printed format.
The limited license to theuser cannot be transferred, sub-licensed, or sold by GCRW. By downloadingand/or using any GCRW products, Users agree to abide by local and national lawsgoverning the use of these products. GCRW is not responsible for any lawsbroken by Users. Users also agree to not produce any derivative work of GCRWproducts. They are also prohibited from trying to reverse engineer products ortechnology. GCRW has the right to revoke a Users’ license if it feels a User isnot engaging in ethical and legal use of products.
If a User downloads a product,program, or content from a Host, it is the User’s responsibility to follow theplatform’s terms and conditions. The Terms set forth in this document governthe relationship between the User and GCRW, and not another Host and GCRW. Thedecision to resolve any dispute, claim, or liability relating to any GCRW productswill be made by GCRW, and not the Host.
The Content shared orgenerated is owned by GCRW in its entirety. We hold full right to createderivative Products or Content using any of it. Users are prohibited frominfringing on GCRW’s intellectual property, copyright, or trademark rights aslaid out by the Government of the United States or other countries where our productsmight be sold.
Reproducing any products andusing it for commercial or non-commercial purposes without the explicit writtenconsent of GCRW is also prohibited. Paying a Fee and subscribing to our productsallows Users to access GCRW solely for their personal use.
Content Created Through User Feedback or Engagement
GCRW’s ownership of Contentextends to any Content created through feedback provided by Users or theirengagement with GCRW Products. This gives GCRW the right to create derivativeworks or additional services that can be sold worldwide in perpetuity. Usersare not entitled to royalties, payments, or any other form of compensation forProducts created by GCRW based on their engagement or feedback.
Through its Products, GCRW mightapprise users of additional products, services, or platforms that Users mightfind helpful. In such cases, GCRW might also provide direct links to websitesof these products, services, and platforms. Users should note that GCRW is notresponsible for these platforms’ adherence to local, regional, or national law.Further, any harm or damage caused to Users because of the use of theseproducts is not the responsibility of GCRW. It is up to Users to do their ownresearch before deciding whether or not to use them.
The materials in the HappiGeniusLive program are provided 'as is'. GCRW makes no warranties, expressed orimplied, and hereby disclaims and negates all other warranties, includingwithout limitation, implied warranties or conditions of merchantability,fitness for a particular purpose, or non-infringement of intellectual propertyor other violation of rights. Further, GCRW does not warrant or make anyrepresentations concerning the accuracy, likely results, or reliability of theuse of the materials on its website or otherwise relating to such materials oron any sites linked to this site.
In no event shall GCRW beliable for any damages (including, without limitation, damages for loss of dataor profit, or due to business interruption) arising out of the use or inabilityto use the materials on the HappiGenius website, even if GCRW or an authorizedof GCRW has been notified orally or in writing of the possibility of suchdamage. Because some jurisdictions do not allow limitations on impliedwarranties, or limitations of liability for consequential or incidentaldamages, these limitations may not apply to you.
GCRW or its affiliates thathave been involved in developing its Products will not be responsible for anydamages results from the use of its Products. Such damages can include loss ofdata, financial losses, or negative impacts on health and wellbeing. Under nocircumstances will the scope of liability be higher than the subscription feesyou pay GCRW.
Users agree to indemnify andhold harmless GCRW and its directors, employees, officers, and agents, from anyand all claims, liabilities, expenses, including reasonable attorney fees andaccounting expenses, that might result from their use of GCRW Products orviolation of the Terms listed in this document.
The materials appearing onthe HappiGenius website, in the App or shared in HG-Live program may includetechnical, typographical, or photographic errors. GCRW does not warrant thatany of the materials on its web site or in the app are accurate, complete, orcurrent. GCRW may make changes to the materials contained on its web site or inthe app at any time without notice. GCRW does not, however, make any commitmentto update the materials.
GCRW has not reviewed all ofthe sites linked to its website and is not responsible for the contents of anysuch linked site. The inclusion of any link does not imply endorsement by GCRWof the site. Use of any such linked website is at the user's own risk.
GCRW may revise these Termsof Use for its website or app at any time without notice. By using this websiteor the app or participating in HG-Live, you are agreeing to be bound by thethen current version of these Terms of Use.
Legislature
The Terms listed in thisdocument will be governed by the laws of the state of Minnesota. The onlyexemption to this condition is when U.S. federal law preempts Minnesota statelaw.
Arbitration Agreement
By agreeing to these Terms,Users agree that any dispute arising between them and GCRW will be resolvedinformally or through a small claims court. However, if a matter cannot beresolved through these means, it will be resolved through binding arbitration.The only exception to this will be when GCRW or the User is seeking injunctiveor other equitable relief in a court to resolve a dispute involving copyrights,trade secrets, trademarks, logos, or intellectual property rights.
Notice of Arbitration and Opt-Out Clause
By agreeing to these Termsand Conditions, you agree that you will not initiate or participate in a classaction lawsuit or class-wide arbitration against GCRW. Any controversy,disagreement, or dispute that arises between you and any representative of GCRWwill be resolved through individual arbitration and shall be binding and final.
You have the option toopt-out of this clause by providing GCRW a written notice within the firstthirty (30) days of using any of our Products or participating in our programs.In order to exercise this right, you need to send an email toas@resilientoption.com stating your desire to do so. If you do not send anemail within the first thirty (30) days of using our product or participatingin our programs, you explicitly agree that you do not have the right to trialby jury or the ability to act as a plaintiff or member of a class actionlawsuit against GCRW.
Rules of Arbitration
The arbitration will begoverned by the American Arbitration Association (“AAA”). AAA will arbitrate inaccordance with Consumer Arbitration Rules and Commercial Arbitration Rules(“AAA rules”). For more information about these rules, please visit the AAAwebsite (www.adr.com) or call AAA at 1-800-778-7879. A neutral arbitratorwill arbitrate the matter, which will be governed by the Federal ArbitrationAct.
Mechanics of Arbitration
The AAA’s rules will governthe mechanics of the arbitration process. A written notice must be provided toinitiate it. The arbitration will solely focus on the matter being disputed andcannot be combined with anything else. It will be performed by a licensedpractitioner who is a part of AAA’s list of approved arbitrators. Thearbitrator will have the authority to arbitrate a part of or the entiredispute. Both parties involved in the dispute need to finalize who thearbitrator will be within seven days of delivery of the Demand of Arbitration(which needs to be submitted by the party initiating arbitration as per AAAguidelines). Failure to do will result in AAA appointing an arbitrator. Thedecision made by the arbitrator will be final and binding. The arbitrator willprovide a written explanation of the decision, which will include details ofthe arbitration award.
Location of Arbitration
If the arbitration claim is$10,000 or less, the proceeding will take place solely based on documentsprovided by both parties. Unless the arbitrator decides otherwise, neitherparty will be required to appear for an in-person meeting or telephonic hearing.If an in-person hearing is requested by the arbitrator, he or she will decide aplace for the hearing that is convenient to all parties involved. If the claimis great than $10,000 the arbitrator will decide the most convenient pathforward, which could include electronic exchange of information, a telephonichearing, or an in-person hearing. The decision around the most appropriatemedium of information exchange shall always be governed by AAA rules andguidelines.
Arbitration Fees
If the arbitration claim is$10,000 or less, the proceeding will take place solely based on documentsprovided by both parties. Unless the arbitrator decides otherwise, neitherparty will be required to appear for an in-person meeting or telephonic hearing.If an in-person hearing is requested by the arbitrator, he or she will decide aplace for the hearing that is convenient to all parties involved. If the claimis great than $10,000 the arbitrator will decide the most convenient pathforward, which could include electronic exchange of information, a telephonichearing, or an in-person hearing. The decision around the most appropriatemedium of information exchange shall always be governed by AAA rules andguidelines.
GCRW reserves the right totransfer these Terms at any time to the extent it does not affect your rightsunder it. The User, however, does not have the right to transfer these terms atany point. The Terms listed in this document define the scope of therelationship between the User and GCRW. As such, they supersede any otheragreement between the User and GCRW. Any exception, including waiver of these Termsneeds to be provided by a legally authorized officer or representative of GCRW.
HappiGenius Liveis offered to parent or legal guardian and child together. At all times parentor legal guardian will be accompanying the child during participation.
While GCRW will make every effort to provide a safe learning environment, all of the risks related to participation are ultimately yours and not that of GCRW. GCRW cannot warrant quality of the instruction or the behavior of the users and thus cannot guarantee safety, legality, quality or appropriateness of the lessons. You agree to register and open an account with GCRW to participate in the program. For registration, the minimum age is 18. If you are not 18, you will have aparent or legal guardian register on your behalf and read these Terms of Use to you.
Throughout the participation, since HappiGenius Live is open to registration for everyone, you agree to follow a certain standard (Code of Conduct).
Throughout the participation, since HappiGenius Live is open to registration for everyone, you agree to follow a certain standard (Code of Conduct).
GCRW welcomes participants of all beliefs and backgrounds and strives to create a trusted and safe learning environment.
Learner: Learner includes the child and the parent participating in the course.
GCRW reserves the right to terminate participation of any learner or parent not following the Code of Conduct.
Teacher:
GCRW reserves the right to terminate participation of teacher not following the Code of Conduct.
