These Terms of Service (“Terms”) apply to your access to and use of the website, mobile applications and other online products and services (collectively, the “Services”) provided by Constantinescu Claudiu (“LimitedHappiness.com” or “we” or "us" or “LimitedHappiness.com owner(s)”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms.
Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms and our Rules. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you. If you have any questions about these Terms or our Services, please contact us at legal@LimitedHappiness.com.
If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity. To use our Services, you must be at least 18 years old.
If you use the Services to access, collect, or use personal information about other LimitedHappiness.com users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.
In order for LimitedHappiness.com owner(s) to provide you Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LimitedHappiness.com, and it’s owner from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law.
You agree to promptly notify LimitedHappiness.com Parties of any third-party Claims, cooperate with LimitedHappiness.com Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the LimitedHappiness.com Parties will have control of the defense or settlement, at LimitedHappiness.com’s owner(s) sole option, of any third-party Claims.
LimitedHappiness.com aims to give you great Services but there are some things LimitedHappiness.com can’t guarantee. Your use of LimitedHappiness.com Services is at your sole risk. You understand that our Services and any content posted or shared by www.limitedhappiness.com owner(s) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, LimitedHappiness.com owner(s) doesn’t represent or warrant that the Services provided are accurate, complete, reliable, current or error-free. No advice or information obtained from LimitedHappiness.com or through the Services will create any warranty or representation not expressly made in this paragraph.
LimitedHappiness.com owner(s) may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through LimitedHappiness.com Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of LimitedHappiness.com owner(s) or the other LimitedHappiness.com Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, LimitedHappiness.com owner(s) and LimitedHappiness.com Parties won’t be liable for:
(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if LimitedHappiness.com owner(s) or the other Medium Parties have been advised of the possibility of such damages.
(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of LimitedHappiness.com owner(s) and the other LimitedHappiness.com Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to not greater of $50.00 USD or the amount paid by you to use our Services.
We want to address your concerns without needing a formal legal case. Before filing a claim against LimitedHappiness.com owner(s), you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@LimitedHappiness.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with LimitedHappiness.com owner(s) and limits the manner in which you can seek relief from LimitedHappiness.com owner(s), unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and LimitedHappiness.com owner(s) agree that any dispute arising out of or related to these Terms or LimitedHappiness.com owner(s) Services is personal to you and LimitedHappiness.com owner(s) and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or LimitedHappiness.com owner(s) seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or LimitedHappiness.com owner(s) seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and LimitedHappiness.com owner(s) waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Timisoara,Romania.
You and LimitedHappiness.com owner(s) agree that Disputes will be held in a state or federal court located in Timis,Timisoara,Romania. You also agree that the laws of the Timis County and, to the extent applicable, the laws of the Romania will govern these Terms of Use, as well as any legal claim that might arise between you and LimitedHappiness.com owner(s) (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Timis,Timisoara,Romania, in any legal action or proceeding relating to us or these Terms of Use.
(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, LimitedHappiness.com owner(s) , and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Medium agree that for any arbitration you initiate, you will pay the filing fees. You and LimitedHappiness.com owner(s) agree that the courts of the Timis County and the Romania sitting in Timis,Timisoara, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and LimitedHappiness.com owner(s) will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to trust@LimitedHappiness.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law and Venue.”
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
These Terms and any dispute that arises between you and LimitedHappiness.com owner(s) will be governed by Timis,Timisoara,Romania law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in courts of Timis,Timisoara,Romania.
Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
You are solely responsible for your use of any third-party websites or resources. Although the Website limitedhappiness.com contains links to third-party websites and resources, LimitedHappiness.com owner(s) do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do LimitedHappiness.com owner(s) have any obligation to monitor such third-party content.
We may make changes to these Terms from time to time. LimitedHappiness.com owner(s) reserve the right to make changes to the Terms of Use Page at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use and the future changes to it. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after the changes to the Terms Of Use page will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using imitedHappiness.com owner(s) Services.
You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Projects or Project editions.