reliance on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
Except as otherwise expressly stated by HappyGlowLab, the Services and all products made available through the Services are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or other warranties, so the above disclaimer may not apply to you.
Section 17 – Limitation of Liability
To the fullest extent permitted by law, HappyGlowLab, our affiliates, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, as well as Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise.
Such liability shall be excluded to the extent arising from or related to your use of any of the Services or any products obtained through the Services, or any other claim related in any way to your use of the Services or any products, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or products) posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
Section 18 – Indemnification
You agree to indemnify, defend, and hold harmless HappyGlowLab, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party arising from or relating to:
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Your breach of these Terms of Service or any documents incorporated herein by reference;
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Your violation of any law or the rights of any third party; or
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Your access to or use of the Services.
We will notify you of any claim for which indemnification is sought. However, any failure to provide timely notice will not relieve you of your indemnification obligations unless you are materially prejudiced as a result.
We may assume control of the defense and settlement of any such claim at your expense, including the selection of counsel. However, we will not settle any claim that imposes any non-monetary obligation on you without your consent, which consent shall not be unreasonably withheld.
You agree to cooperate in the defense of any indemnifiable claim, including by providing relevant documents and information.
Section 19 – Severability
If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any remaining provisions.
Section 20 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 – Assignment
You may not assign, delegate, transfer, or otherwise convey this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment, delegation, transfer, or other conveyance in violation of this provision shall be null and void.
We may assign, transfer, or delegate these Terms and our rights and obligations under these Terms without your consent or notice.
Section 22 – Headings
The headings used in this agreement are provided for convenience only and shall not limit or otherwise affect these Terms.
Section 23 – Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 24 – Governing Law
These Terms of Service and any separate agreements through which we provide the Services to you shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law principles.
Section 25 – Contact Information
If you have any questions about these Terms of Service, please contact us at:
OVERVIEW This website/application is operated by Oceanpayment team.Throughout the website/application, the terms "we", "us" and "our" refer toOceanpayment team. Oceanpayment offers this website/application, including allinformation, tools and services available from this site to you, the user,conditioned upon your acceptance of all terms, conditions, policies andnotices stated here.
Byvisiting our site and/ or purchasing something from us, you engage in our"Service" and agree to be bound by the following terms and conditions ("TERMSAND CONDITIONs", "Terms"), including those additional terms, conditions andpolicies referenced herein and/or available by hyperlink.