Terms of Use

PLEASE READ CAREFULLY

These terms of use ("Terms of Use") are provided on behalf of Happy Money, Inc. and its affiliates ("Happy Money", "we", "us", "our") and apply to your use of happymoney.com or payoff.com or any other of our websites or mobile applications (collectively, the "Site"). You agree that you have read, understand and agree to be bound by these Terms of Use. Please read them very carefully. If you do not wish to be bound by these Terms of Use, you must not access or use the Site. In addition to these Terms of Use, you may enter into other agreements with us, Happy Money, credit unions, banks and other lenders (“Lenders”) and with others that will govern your use of certain of the products and services offered on the Site. If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to a product or service offered on the Site, then the other agreement will take precedence with respect to that product or service.

Site Use. You represent that you are at least 18 or that you are using the Site under the supervision of a parent or guardian. We may ask you to provide accurate registration information to create an account in order to use the Site or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site, terminate or suspend your account, or otherwise limit or restrict your use or service. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your internal business use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.

Happy Money has no obligation to monitor the Site; however, you acknowledge and agree that Happy Money has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

Security. Some parts of the Site may require a user name, account name or password. If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, account, or password, and to notify Happy Money immediately if the confidentiality of your user name, account or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we may terminate or suspend your account, change your user name or password, request additional information before we authorize transactions on your account, or take other reasonable actions.

Prohibited Uses. You agree not to:

• use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use; 
• resell any aspect of the Site or services available on it; 
• bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site or any Happy Money network; 
• use the Site to send altered, deceptive or false source-identifying information; 
• use the Site to intercept, collect or store personal information about other users; 
• spam other users or take other actions that may affect the operation or enjoyment of the Site by other users; 
• access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process; 
• decompile, disassemble or reverse engineer any of the software or content used in any part of the Site or any Happy Money network; 
• send a virus or use any malicious programs or techniques in connection with the Site; 
• overload or crash the Site or any Happy Money server or network; or 
• engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Site; 
• infringe the copyrights or intellectual property rights of others.

Submissions. The Site may have features that let you submit content or communicate with Happy Money, other users, and the general public, such as email, posting comments, reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site are referred to here as “Submissions.” You agree to only post, upload, submit, or request Submissions that are appropriate and related to the purpose of the Site. You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use. By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request: 

• any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion; 
• any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services); 
• any information you are prohibited from transmitting by contract or confidential relationship; 
• any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors; 
• any material that could harm Happy Money’s business, reputation, employees, subscribers, facilities, or any person; 
• any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy; 
• content for which you were compensated or granted any consideration by any third party; 
• content that references other websites, addresses, email addresses, contact information, or phone numbers; 
• content that contains computer viruses, worms, or other potentially damaging computer programs or files. 

Rights in Submissions. For any Submission you post, upload, submit or request via the Site, you grant Happy Money a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your Submission for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your Submission, in Happy Money’s sole discretion. You agree that you have no recourse against Happy Money for anyone’s infringement, misuse or violation of any right you may have in your Submissions, and you irrevocably waive any “moral rights” in your Submissions. You also irrevocably agree that Happy Money can pursue claims against anyone who violates Happy Money’s rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you or others. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use. By submitting your email address in connection with your Submission, you agree that Happy Money and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes. If you are under the age of 18, we will honor your request to remove any Submission you previously posted, uploaded, or submitted on the Site. To request Submission removal, please contact legal@happymoney.com.

Third Party Sites and Content. Parties other than Happy Money may display and make available content, data, services and products through the Site. You acknowledge that Happy Money is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third party content. Managers and hosts of interactive forums on the Site (e.g., blogs) are not authorized Happy Money spokespersons, and their views do not necessarily reflect those of Happy Money. The Site may contain links to websites operated by parties other than Happy Money. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites.

As part of delivering the products and services on the Site, Happy Money works with certain third party providers who may directly or through access to other third-party sites provide Happy Money with a Registered User’s personal information (“Personal Information”) with such user’s permission (“Third Party Provider”). By using certain services of Happy Money, if applicable, you authorize Happy Money and Third Party Provider to access third-party websites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Happy Money and Third Party Provider a limited power of attorney, and you hereby appoint Happy Money and Third Party Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party websites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN HAPPY MONEY OR THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, HAPPY MONEY AND THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

Privacy Policy. For information about how we collect, use and share information related to your use of the Site or our services, please refer to our Privacy Policy.

Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of Happy Money and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.

Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of Happy Money, its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of Happy Money or their relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of Happy Money or its relevant owner, by implication, estoppel, or otherwise. 

A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by Happy Money.

Claims of Copyright Infringement/DMCA Notices. Happy Money respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet. 

If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. 

After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. You can contact us regarding any DMCA request at:

Happy Money, Inc.
ATTN: Legal
21515 Hawthorne Blvd, Suite 200
Torrance, CA 90503

The notice must include the information as provided by the DMCA, 17 U.S.C. § 512(c) (3): 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Happy Money to locate the material; 
4. Information reasonably sufficient to permit Happy Money to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you believe that material you have placed on Happy Money’s system or network has been removed by mistake or as the result of an improper take down notice, you may send our Designated Agent, identified above, a “counter notification” containing the following information as provided by the DMCA, 17 U.S.C. § 512(g)(3): 

1. Your physical or electronic signature; 
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Happy Money may be found, and you will accept service of process from the person who provided notification that led to the mistaken removal of your material or an agent of such person. 

There are substantial penalties for sending false notices. It is Happy Money’s policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.

Pricing and Information. Happy Money does not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. Happy Money reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.

WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, HAPPY MONEY DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. HAPPY MONEY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL HAPPY MONEY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF HAPPY MONEY OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPPY MONEY (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, Happy Money’s liability is limited to the greatest extent permitted by law.

Indemnification. You agree to indemnify, defend, and hold harmless Happy Money, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.

Financial Advice. Happy Money (through Happy Money products or services or otherwise) does NOT provide legal, tax, investment or insurance advice. Happy Money provides information you may use at your sole discretion in your financial goals and pursuits. You are solely responsible for making any financial decisions or implementing any financial strategy or plan. You should consider consulting your legal, financial, or a tax professional regarding your specific situation.

Termination. This Agreement is effective until terminated by Happy Money. Happy Money may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Happy Money’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

Applicable Law and Dispute Resolution. This Agreement and all other aspects of your access and/or use of any Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify Happy Money in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Happy Money a reasonable period of time to address it BEFORE bringing any arbitration or legal action, either individually, as a class member or representative, or as a private attorney general, against Happy Money.

Mobile, SMS, and Messaging Agreement and Terms. HAPPY MONEY ALERTS. Receive alerts, status notifications, and other messages related to your Happy Money account and related products. Text START to 866-530-5253 to receive text messages from Happy Money. Message and data rates may apply.

By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming that you are over the age of 18.

If you had previously unsubscribed from receiving text messages from Happy Money and now want to start receiving text messages from Happy Money, text START, YES, or UNSTOP to 866-530-5253.

STOP Information. Text STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to 866-530-5253 to stop receiving text messages from Happy Money (you will receive a confirmation text).

HELP Information. For additional information, text HELP or INFO to 866-530-5253 or contact our Customer Support Telephone Number at 800-878-0901.

Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

General Provisions. This Agreement supersedes any previous version of this Terms of Use to which you and Happy Money may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Contacting Us. If you have questions regarding the Agreement or the practices of Happy Money®, please contact us by email at legal@happymoney.com or by regular mail at:

Happy Money, Inc.
ATTN: Legal
21515 Hawthorne Blvd, Suite 200
Torrance, CA 90503