Welcome to the Happy Labels™ User Agreement. This Agreement describes the terms and conditions applicable to your use of our services and software. If you visit or shop at HappyLabels.com, you accept these conditions. Please read them carefully. If you do not accept these terms and conditions or have any questions, feel free to contact admin@happylabels.com.

We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 10 days after they are initially posted on our site. This agreement was last revised on May 9, 2006.

1. Guidelines for Web Site Use. Our services are available to all individuals with the following exceptions. Our services are not available to minors. If you do not qualify, please do not use our services. Happy Labels may refuse our services to anyone at any time, at our sole discretion.
   
   
2. Fees. Unless otherwise stated, all fees are quoted in U.S. Dollars. We may in our sole discretion add, delete or change some or all of our services at any time. If, for any reason, your financial commitment is not met, we reserve the right to suspend our product services.
   
   
3. Happy Labels is Only a Venue. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution – and common sense – when using our products and/or web-site.

   Because we do not and cannot be involved in user-to-user deals, in the event that you have a dispute with one or more users, you release (My) Happy Labels (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him may have materially affected his settlement with the debtor."

4. Your Information. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate by our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or part) the services of our ISPs or other suppliers.



5. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Happy Labels.com web-site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
   
   
6. Breach. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your website and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide us.
   
   
7. No Warranty. WE AND OUR SUPPLIERS PROVIDE THE Happy Labels.COM WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   
   
8. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING IN CONNECTION WITH THIS AGREEMENT. AT PRESENT WE PROVIDE A SYSTEM BACKUP OF THE DATA IN YOUR SITE WEEKLY. WE MAY AT ANY TIME CHANGE THIS AT ANY TIME TO BE ON A MORE FREQUENT SCHEDULE.

   OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

9. General Compliance with Laws. You shall comply with all applicable Federal and State laws, statutes, ordinances and regulations regarding your use of our service.

10. No Agency. You and Happy Labels are independent contractors, and no agency, partnership, joint venture, employee-employer or company-affiliate relationship is intended or created by this Agreement.
    
    
11. Disputes. Any dispute relating in any way to your visit to Happy Labels or to products you purchase through Happy Labels shall be submitted to confidential arbitration in Winston-Salem, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Happy Labels' intellectual property rights, Happy Labels may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
    
    
12. Shipping Method. United States Postal Service is the only shipping method available for HAPPY LABELS online orders. Standard shipping within the 48 contiguous states is calculated at 10% of Retail Products before discount totals. Normal processing time in the warehouse will apply.
    
    
13. Return Policy. Due to the nature of the personalized stationery, there are no returns, unless the product is defective. We do offer a 100% happiness guarantee. Refusal of shipment incurs a 20% restocking fee based on the order subtotal.