Terms and Conditions
Happilish.com Terms and Conditions
Effective Date: March 14, 2019
General Provisions:
Happilish.com
DISCLAIMER TO HOMEOWNERS AND HOME BUYERS USING THIS SERVICE, YOU UNDERSTAND AND AGREE WE ARE NOT REPRESENTING YOU AS REAL ESTATE AGENTS OR BROKERS. ALSO BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES.
Happilish.COM IS AN INDEPENDENT, WEB-BASED PROVIDER OF REAL ESTATE-RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND Happilish.COM AND ITS PARENT COMPANY, AIDAN TAYLOR LLC, ARE NOT RESPONSIBLE FOR THEIR ACTIONS.
Aidan Taylor, LLC is an Arizona corporation with a business office located at 1334 E. Chandler Blvd., Ste. #5A-19, Phoenix, AZ 85048.
This legal agreement (herein “agreement”) between you (herein “you” or “seller” or “buyer”) and Happilish.com (herein “Happilish”, “us”, “we”, or “our”) should be read and understood before using this Website (herein “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don’t agree with the terms and conditions of this Website, please leave this Website. However, if you do use this Website, that use operates as an acceptance and agreement to be bound by these terms and conditions.
You agree not to use the service for any purpose that is not expressly permitted by these terms and conditions or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts, and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks, and data.
If you provide information to us, you certify it as true, accurate, current and complete. If you provide information about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are authorized to provide so we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
Happilish is operated in compliance with all federal and state housing laws.
Terms for Sellers and Buyers of Real Estate
You are obligated to provide information that is accurate and complete so that Happilish can provide you with a real estate agent that is suited for the potential transaction and Happilish reserves the right to terminate a relationship with anyone who provides false, inaccurate or misleading information.
When you submit information to this Website, you agree and authorize Happilish to share this information with one of the professional real estate agents or brokers associated with Happilish to make a match. You also agree and consent to being contacted by Happilish’s real estate professionals either by email, telephone, mail or any other reasonable means of communication.
Happilish IS A REFERRAL SERVICE. All terms and conditions between you and a real estate professional are governed by a separate legal agreement that does not involve Happilish and is solely between you and the real estate professional. Happilish does not endorse, validate, or recommend any legal agreements between you and real estate professionals. Please consult your own attorney for legal advice.
Even though your participation in this referral service may be terminated by you or Happilish at any time with written notice and it 100% voluntary, any referrals that Happilish may have with a real estate professional prior to termination are still effective.
You agree and acknowledge Happilish may modify the terms and conditions of this Website and associated referral service at any time. Happilish will notify you in advance of any significant changes to our services, providing you with the option to discontinue use of the Website and referral services. Your continued use of this Website and Happilish referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
You agree Happilish may make digital recordings of any telephone calls or video conferences with Happilish or one of Happilish’s real estate professionals for the sole purpose of providing quality assurance.
Happilish’s policy is to respond to claims of intellectual property infringement. Happilish, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws and will promptly investigate notices of alleged infringement and will take appropriate action.
Under the DMCA, notifications of claimed copyright infringement should be sent to the designated agent of Happilish’s service provider.
Privacy Policy
Happilish will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why the information is used, refer to Happilish’s Privacy Policy, which is incorporated into and made a part of these Terms and Conditions.
In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These terms and conditions and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Arizona (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this Website and/or these terms and conditions not resolved amicably between you and Happilish shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in the City of Phoenix, Arizona, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the District of Arizona.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
With respect to any award in arbitration, the arbitrator: shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator; may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the terms and conditions or award injunctive relief to restrain any breach of the terms and conditions by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you will resolve any disputes or claim with Happilish on an individual basis, and that any claims arising out of or in connection with the Website and/or terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Website and/or terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the District of Arizona, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Maricopa County, Arizona. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Modifications to the Website and Terms and Conditions
We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We encourage you to check the Website regularly to ensure you are aware of the current terms.
We may modify these terms and conditions at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page.
Indemnification. You hereby agree to indemnify and hold harmless Happilish and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of (a) any claim that any claim that you misappropriated, infringed or otherwise violated any privacy or trademark, copyright, or other intellectual property rights of any third party and/or (b) any breach, or alleged breach, of any of the terms and conditions of this Website by you.
Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Happilish makes no representations or warranties relating to the Website and associated referral service including, without limitation, representations or warranties that (a) the Website and associated referral service shall meet your requirements, (b) the operation of the Website and associated referral service will be uninterrupted or error-free, (c) the Website and associated referral service will be secure, or (d) any defects in the Website and associated referral service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ACTUALLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL Happilish BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ACTUALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Happilish’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed one dollar ($1).
Accounts
Any information you obtain from the Happilish Website is intended for your personal, non-commercial use.
Termination
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement. Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
You agree to indemnify and hold harmless The Happilish Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless the Happilish Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Happilish has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Happilish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.
Contact Us
Any feedback, comments, requests for technical support, and other communications should be directed to customer service at (480) 270-4918. Hours of operation are from 9:00 am to 5:00 pm, Mountain Standard Time, Monday through Friday, excluding holidays.
Our Company Contact
Happilish CONTACT INFORMATION
Phone: 1-480-270-4918
Email: happy@Happilish.com