Terms of service

Last Updated: June 4, 2026

Thank you for visiting the Happy Earth® website located at www.happyearthapparel.com (the "Site"). The Site is an Internet property of Happy Earth LLC (collectively, "Happy Earth®," "we," "our" or "us"). The following Happy Earth® Website Terms of Service ("Terms") are inclusive of the Happy Earth® Privacy Policy ("Privacy Policy"), the Happy Earth® Returns and Shipping Policy ("Returns Policy"), the SMS Terms and Conditions ("SMS Terms"), the Happy Earth® FAQs, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

Each end-user visitor to the Site ("user," "you" or "your") agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses certain text, images, video, audio, testimonials, information pertaining to our charitable work, as well as other content and information relating to the Happy Earth® Offerings (as defined below) as made available by: (i) Happy Earth® (collectively, "Happy Earth® Content"); and/or (ii) third parties ("Third-Party Content," and together with the Happy Earth® Content, the "Content"); (c) purchases any of the Happy Earth® apparel, activewear and other products featured on the Site, either through the retail or wholesale options made available to users (collectively, "Happy Earth® Products"); (d) utilizes our store locator to find stores that sell Happy Earth® Products near her/his designated location ("Store Locator"); (e) registers to receive SMS text message alerts and offers from Happy Earth® ("SMS Mobile Message Service"), which contain updates and promotions associated with various Happy Earth® Products (the Mobile Message Service is subject to the separate SMS Terms); (f) accesses links to the Happy Earth® social media pages/accounts appearing on third-party social media websites (collectively, "Social Media Pages"), such as Facebook® and Instagram® (collectively, "Social Media Websites"); (g) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Happy Earth® (collectively, the "Contact Services," and together with the Site, Content, Happy Earth® Products, Store Locator, SMS Mobile Message Service and Social Media Pages, the "Happy Earth® Offerings"); and/or (h) otherwise affirmatively consents to these Terms and/or the Agreement.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE HAPPY EARTH® OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST HAPPY EARTH®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, "COVERED PARTIES"), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").

Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. ("Meta"). Please be advised that Happy Earth® is not in any way affiliated with Meta, nor are the Happy Earth® Offerings endorsed, administered or sponsored by Meta.

1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and Happy Earth® with respect to users' use of the Happy Earth® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Happy Earth® Offerings. By your continued use of the Happy Earth® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

2. Requirements; Termination of Access to the Happy Earth® Offerings; Necessary Equipment. The Happy Earth® Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence); (b) can enter into legally binding contracts under applicable law; and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid retail store ("Store"), where the individual is requesting to purchase Happy Earth® Products via the wholesale options made available on the Site (collectively, "Usage Requirements"). The Happy Earth® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Happy Earth® Offerings.

To the extent permitted by applicable law, Happy Earth® may terminate your right to access the Happy Earth® Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Happy Earth® Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Happy Earth® Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Happy Earth® Offerings. Happy Earth® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Happy Earth® does not guarantee that the Happy Earth® Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Happy Earth® Offerings through your wireless device. You are fully responsible for all such charges and Happy Earth® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

3. Registration Forms. In order to purchase Happy Earth® Products and/or utilize certain Happy Earth® Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a "Form"). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit/debit card information or other Payment Method information (as defined below) (where purchasing Happy Earth® Products); (f) the name and address of your Store (where purchasing Happy Earth® Products using the wholesale options made available on the Site); (g) other retail brands carried by your Store (where purchasing Happy Earth® Products using the wholesale options made available on the Site); (h) your desired date of first order (where purchasing Happy Earth® Products using the wholesale options made available on the Site); and/or (i) any other information requested by us on the applicable registration Form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

Happy Earth's® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

4. Purchasing Happy Earth® Products.

Purchases. You can purchase Happy Earth® Products by and through the Site by completing the applicable Form and providing the requisite Registration Data. Upon confirming your order for the applicable Happy Earth® Products, the Payment Method that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Happy Earth® Products, plus any applicable sales tax and shipping and handling charges. For purposes of the Agreement, "Payment Method" shall mean your designated credit/debit card, your Amazon Pay® account, Google Pay® account, PayPal® account, Shop Pay® account and/or Venmo® account. UNLESS OTHERWISE INDICATED IN THE RETURNS AND SHIPPING POLICY, ALL SALES ARE FINAL AND NON-REFUNDABLE.

Amazon Pay® is a registered trademark of Amazon.com, Inc. ("Amazon"). Google Pay® is a registered trademark of Google, Inc. ("Google"). PayPal® and Venmo® are registered trademarks of PayPal, Inc. ("PayPal"). Shop Pay® is a registered trademark of Shopify, Inc. ("Shopify"). Please be advised that Happy Earth® is not in any way affiliated with Amazon, Google, PayPal or Shopify, and the Happy Earth® Offerings are not endorsed, administered or sponsored by Amazon, Google, PayPal or Shopify.

General Billing Terms: Payment processing for Happy Earth® Product purchases is handled by Shopify and Afterpay®. By completing a purchase of Happy Earth® Products, you agree to the respective terms and policies of Shopify and Afterpay®. The fees associated with your purchases will appear on your Payment Method statement through the identifier "SP HAPPY EARTH". All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Happy Earth® Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Happy Earth® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and e-mail sufficing), Happy Earth® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Happy Earth® Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Happy Earth® Products shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: (848) 218-5128 or contact@happyearthapparel.com. If you pay for a Subscription Plan using a credit card and your credit card fails to process for any reason, you agree that: (a) Happy Earth® may contact you for alternate payment information via any phone number (including a cell phone number) or e-mail address provided by you; and/or (b) Happy Earth® reserves the right to make additional attempts to charge the Payment Method.

Afterpay® is registered to Afterpay Australia Pty Ltd. ("Afterpay"). Please be advised that Happy Earth® is not in any way affiliated with Afterpay, and the Happy Earth® Offerings are not endorsed, administered or sponsored by Afterpay.

Electronic Signatures: Happy Earth's® authorization to provide and bill for the Happy Earth® Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Happy Earth's® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the "E-Sign Act"). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE HAPPY EARTH® OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

Reseller Restrictions; Incorrect Price Listings: Other than where you are authorized to purchase Happy Earth® Products via the wholesale options made available on the Site, you agree that: (a) any Happy Earth® Products that you purchase from Happy Earth® will be used for your personal, non-commercial use; and (b) you will not re-sell, re-distribute, or export any Happy Earth® Products that you order from Happy Earth®. To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing Happy Earth® Products through the use of fake or stolen credit/debit cards or payment instruments, Happy Earth® will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by Happy Earth®.

In the event that a Happy Earth® Product is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, Happy Earth® shall have the right to refuse or cancel any orders placed for that Happy Earth® Product so listed at the incorrect price. Happy Earth® shall have the right to limit the number of Happy Earth® Products purchased through the Site. Happy Earth® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is cancelled, Happy Earth® shall immediately issue a credit to your Payment Method account in the amount of the charge.

5. Happy Earth® Products. The Happy Earth® Products remain, at all times, subject to the disclaimers contained herein and on the Site. We have made every effort to display as accurately as possible the colors of the Happy Earth® Products that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate. If the Happy Earth® Products offered on the Site are not as described, your sole remedy is to return the Happy Earth® Products.

The Site contains Happy Earth® Product inventory information. This information can be used to estimate the likelihood that the applicable Happy Earth® Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Happy Earth® Products listed as "in stock" will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Happy Earth® Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered Happy Earth® Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.

6. Returns and Shipping Policy. If, for any reason, you are dissatisfied with the Happy Earth® Product(s) purchase you made from the Site, you may return the Happy Earth® Product(s) within thirty (30) days for a full refund, less a Five Dollar ($5.00) return fee (which will be waived where you request an exchange or store credit instead of a refund, and where you request a store credit instead of a return or exchange, you will be given an additional Ten Dollars ($10.00) in store credit), as well as shipping and handling; provided, however, that: (a) all returns remain subject, at all times, to the Returns and Shipping Policy; (b) returns must be made in the original packaging and must be unworn, unwashed, with the tags attached and with proof of purchase; (c) we DO NOT accept returns of orders of Happy Earth® Products that are listed as "Final Sale" under any circumstances; (d) International orders may be returned entirely at the customer's expense within fourteen (14) days of delivery; (e) we will only accept returns of Happy Earth® Products purchased through the Site; and (f) we will not accept returns of Happy Earth® Products purchased in connection with a promotional event. If you have any questions, please contact us at: help@happyearthapparel.com.

Happy Earth® Product orders that are worn, washed, not in the original packaging, that do not have the tags attached or that are past the thirty (30) day period (or fourteen (14) days for international orders) are not eligible for a refund under any circumstances. We reserve the right to deny a refund and/or issue a credit in place of a refund if we determine, in our sole discretion, that our Refund Policy is being abused. Returns must be made in the original packaging with proof of purchase.

7. Store Locator. The Store Locator enables users to conduct a search for stores that sell Happy Earth® Products located near the address/zip code supplied by that particular user (collectively, "Stores"). The Store Locator may provide links, listings and an interactive map for some or all of the Stores. The pricing displayed on our Site is not necessarily the pricing that our users should expect to find in any applicable Store. We do not guarantee that any specific Happy Earth® Products will be available in any applicable Store. The Stores are owned and operated by third-parties and not Happy Earth®, and Happy Earth® does not control the commercial practices of such Stores. You understand and agree that Happy Earth® shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.

8. Content. The Site contains Content which includes, but is not limited to, text, audio, video, photographs, graphics, artwork, testimonials, and other information about Happy Earth® and/or the Happy Earth® Products. The Content is compiled, distributed and displayed by Happy Earth®, as well as third-party content providers (collectively, "Third-Party Providers"). Happy Earth® does not control the Content provided by Third-Party Providers that is made available by and through the Happy Earth® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Happy Earth® Offerings is solely at your own risk. Happy Earth® does not represent or warrant that the Content and other information posted by and through the Happy Earth® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Happy Earth® will not be responsible for, and Happy Earth® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Happy Earth® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

9. Social Media Pages. The Site contains links to various Happy Earth® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites' applicable agreements, terms and conditions. You understand and agree that Happy Earth® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

10. SMS Mobile Message Service. Where you register for the SMS Mobile Message Service, and otherwise provide "prior express consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive SMS messages, delivered via automated technology, from Happy Earth® to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase of Happy Earth® Products. The messages that you receive in connection with the SMS Mobile Message Service shall consist of promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders).

You may receive a maximum of four (4) such SMS messages per calendar month; provided, however, that message frequency will vary. Happy Earth® reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Further, transactional messages (such as order confirmations and shipping updates) are sent as needed in connection with your orders and do not count toward this limit. Happy Earth® also reserves the right to change the short code or phone number from which messages are sent; provided that we will notify you when we do so.

Standard message and data rates may apply to any SMS/text messages.

Text the keyword "STOP," "STOPALL," "UNSUBSCRIBE," "CANCEL," "END," "QUIT," "REVOKE" or "OPT OUT" to +1 (877) 849-6309 or in response to any text message that you receive from us, to cancel. You can also opt-out of the SMS Mobile Message Service by submitting a request at happyearthapparel.com/pages/sms-opt-out. After opting out, you will receive one (1) additional message confirming that your request has been processed. You may text "HELP" to +1 (877) 849-6309 or in response to any text message that you receive from us, or email us at: contact@happyearthapparel.com for help. We shall not be liable for delayed or undelivered messages.

Not all Mobile Devices are supported, and our messages may not be deliverable in all areas. Happy Earth®, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Participating Carriers: The following mobile carriers are not liable for delayed or undelivered messages:

AT&T, T-Mobile, Verizon, US Cellular, GoTextMe, Altice (CSC Wireless), Enflick (TextNow), Bandwidth, Aerialink, Zip Whip Non Toll-Free, Brightlink, Triangle, Pine Cellular Phones, United Tel Assn, Digital Comm Consulting (OTZ Telecom), Bluegrass Wireless, Chat Mobility, Commnet Wireless, Sagebrush Cellular, Indigo Wireless, Telnyx LLC, Chariton Valley Tel. Co., Uintah Basin Electronic Telecom, Panhandle Telecom, Appalachian Wireless, Pioneer Cellular, Cellularone NE Arizona, Dish Network, RINA (Rural Independent Network Association), Copper Valley Cellular, James Valley Wireless, Pine Belt Tel Co, Standing Rock Telecom, New Cell, Inland Tel Co, Cell One MTPCS LLC, Viaero Wireless, Northwest Missouri Cellular, GCI Communication, Illinois Valley Cellular, West Central Cellular, Carolina West Wireless, Nex-Tech Wireless, Thumb Cellular, Crossville Tel Co, Union Telephone Company, NewCore Wireless, Alaska Wireless, ASTAC Wireless and Southern Communication Services.

11. Representations and Warranties. Each user hereby represents and warrants to Happy Earth® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Happy Earth® Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user, will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.

12. Indemnification. Each user agrees to indemnify, defend and hold Happy Earth®, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third parties; (b) that user's breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user's unauthorized and/or improper use of the Happy Earth® Offerings. The provisions of this Section 12 are for the benefit of Happy Earth®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, shareholders, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.

13. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Happy Earth® Offerings. Happy Earth® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Happy Earth®, users may only use the Happy Earth® Offerings for their own personal, non-commercial use. No part of the Happy Earth® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Happy Earth® Offerings except as expressly permitted by Happy Earth®. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Happy Earth® Offerings, or any portion thereof. No user or other third party may create any "derivative works" by altering any aspect of the Happy Earth® Offerings. No user or other third party may use the Happy Earth® Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Happy Earth® Offerings for any commercial purposes not expressly permitted by Happy Earth®. Each user further agrees to indemnify and hold Happy Earth® harmless for that user's failure to comply with this Section 13. Happy Earth® reserves any rights not explicitly granted in the Agreement.

14. Proprietary Rights. The Happy Earth® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Happy Earth® Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Happy Earth® Offerings. The posting of information or material by and through the Happy Earth® Offerings does not constitute a waiver of any right in or to such information and/or materials. The "Happy Earth" and "Happy Earth Apparel" names and logos, and all associated graphics, icons and service names, are trademarks of Happy Earth LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Happy Earth® Offerings is a violation of criminal and civil law and Happy Earth® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

16. Disclaimer of Warranties. THE HAPPY EARTH® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, HAPPY EARTH® MAKES NO WARRANTY THAT THE HAPPY EARTH® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE HAPPY EARTH® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HAPPY EARTH® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE HAPPY EARTH® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM HAPPY EARTH® OR OTHERWISE THROUGH OR FROM THE HAPPY EARTH® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT HAPPY EARTH® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAPPY EARTH® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE HAPPY EARTH® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE HAPPY EARTH® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, OR OTHER HAPPY EARTH® OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; AND/OR (E) ANY OTHER MATTER RELATING TO THE HAPPY EARTH® OFFERINGS AND/OR THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES HAPPY EARTH® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF HAPPY EARTH® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE HAPPY EARTH® OFFERINGS AND/OR THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR HAPPY EARTH® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND HAPPY EARTH®. ACCESS TO THE HAPPY EARTH® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF HAPPY EARTH® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Third Party Websites. The Happy Earth® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. Happy Earth® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Happy Earth® of the applicable website or any association with the website's operators. Because Happy Earth® has no control over such websites and/or resources, each user agrees that Happy Earth® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user's data privacy by third parties. Each user further agrees that Happy Earth® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of, or reliance on, any such material available on, by or through any such site.

19. Editing, Deleting and Modification. Happy Earth® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

20. Use of Registration Data. All material submitted by users through or in association with the Happy Earth® Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New Jersey. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either Happy Earth® or any Covered Party concerning the Happy Earth® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Happy Earth® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Happy Earth® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Happy Earth® with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which can be accessed via the JAMS website, which is located here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys' fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, and other than where Happy Earth® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Happy Earth®, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Happy Earth® and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision prohibiting you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

22. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

23. Miscellaneous. To the extent that anything in or associated with the Happy Earth® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and: (a) the Returns and Shipping Policy, insofar as the return and/or shipping of Happy Earth® Products is concerned, the Returns and Shipping Policy shall govern; and (b) the SMS Terms, insofar as the SMS Mobile Message Service is concerned, the SMS Terms shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Happy Earth's® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Happy Earth® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

24. Contact Us. If you have any questions about the Agreement, Happy Earth® Offerings or the practices of Happy Earth®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the "Contact Us" page of the Site, or you can e-mail us at: contact@happyearthapparel.com; call us at: (848) 218-5128; or send us U.S. Mail to: Happy Earth, 875 Industrial Highway, Ste. 2, Cinnaminson, NJ 08077.