Updated August 17, 2021

These Terms of Service (“Terms”) govern your use of the services, websites, and digital and mobile application services and products of Gretchen Rubin Media Inc. and its subsidiaries and affiliates including Keyboard LLC (collectively, “Gretchen Rubin Media” or “us” or “we”). Our websites include the sites located at www.happiness-project.com  and gretchenrubin.com (collectively, the “Site”), and our digital and mobile device applications include our Happier™ app (collectively, the “App”). To make these Terms easier to read, the Site, our services, the App, and any features of the Site or App are collectively called the “Services.” Please read these Terms carefully because they govern your use of our Services.

Agreement to Terms

By using our Services, you agree to be legally bound by these Terms. If you don’t agree to be legally bound by these Terms, you are not authorized to use the Services.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. Such changes shall become effective immediately upon posting. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. 

Because our Services are evolving over time, we may change or discontinue any aspect or feature of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

You must be at least 18 years of age to sign up as a registered user of the Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into and abide by these Terms. Individuals under the age of majority, but older than 13 years of age, may view the audiovisual content displayed through our Services, but only under the supervision and with the consent of a parent or legal guardian, under such parent or legal guardian’s own account, and otherwise subject to these Terms. Under no circumstances may an individual under the age of 18 submit Personal Information to us (as such term is defined within our Privacy Policy) or make any purchase via the Services.   

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

Via the Services, users can select from a variety of options to create customized aims to help them with their own Happiness Projects. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.

You understand and agree that the Services, Products and any other information you learn from The Happiness Project  are not intended, designed, or implied to diagnose, prevent, mitigate or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. We are not a healthcare or medical provider, and our Services do not constitute, and should not be considered, medical advice. Not all activities described within the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

The contents of the Services, including the Site and the App, are intended solely for your personal, noncommercial use. 

You acknowledge and agree that being exposed to advertising via the Services is a condition of accessing the Services.

Purchases

Fees

We offer certain enhanced features of the Services which you can purchase as a monthly or yearly subscription basis (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product, we may ask you to supply additional information relevant to your purchase, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a purchase through the Services will be presented to you before you place your order.  If you choose to initiate a purchase transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your purchase, and you further and agree: (a) that you will pay the applicable fees and any taxes; (b) that we may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and/or payment purposes; and (c) that you will bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.  You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on us until accepted and confirmed. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with us.

We reserve the right to cancel or otherwise not process your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your purchase (which information is included within the definition of Payment Information). We will either not charge you or refund the charges for orders that we do not process or cancel.

Title, Risk of Loss

The risk of loss and title for Products purchased by you pass from us to you upon shipment from our facility.  All shipments are governed in accordance with our standard Shipping Terms.

Return Policy

If for any reason, you are not satisfied with the Product you have purchased and you want to return the Product, please refer to our Return Policy for information on how you may return eligible Products.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged as follows: (i) for a one-off purchase, at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription period and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@the-happiness-project.com. If you purchase your Subscription via an App Provider, you can only cancel the renewal of your subscription directly through the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

Changes to Price Terms for Subscriptions

We reserve the right to change our pricing terms for Subscriptions at any time and we will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to our pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made regarding future functionality or features.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at support@the-happiness-project.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership

All materials published or available on or through the Services (including without limitation text, graphics, photographs, images, illustrations, designs, music, audio clips, video clips, “look and feel”, metadata, data, software, compilations, and works of authorship of any kind) (collectively, the “Content”) are protected by copyright, and all right, title and interest in and to the Content and Services are exclusively owned by Gretchen Rubin Media or its licensors.  Gretchen Rubin Media also owns the copyright in the selection, coordination, compilation and enhancement of such Content. 

The Services and Content are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights pursuant to United States and international law. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), or in any way exploit any of the Content or the Services in whole or in part, unless expressly permitted hereunder. 

Rights in User Content Granted by You

If you upload, post or submit any content or material on or through the Service (including without limitation comments, feedback, forum messages, reviews, text, video, audio, photographs, as well as computer code and applications) (collectively, “User-Generated Content”) you represent and warrant to us that you have all the necessary legal rights to upload, post or submit such User-Generated Content and that doing so does not violate any law or the rights of any third party.

You acknowledge that any User-Generated Content you submit on or through the Services may be edited, removed, modified, published, transmitted and displayed by Gretchen Rubin Media, and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions of User-Generated Content may also be included in our RSS feed and APIs and made available for republishing through other formats.    

You hereby grant to Gretchen Rubin Media a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to your User-Generated Content, which includes without limitation the right to use, copy, modify, adapt, excerpt, create derivative works based upon, distribute, publish, publicly display, publicly perform, communicate to the public, transmit, host, index, cache, tag and encode (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, your User Content.

Rights in Content Granted by Gretchen Rubin Media

Subject to your compliance with these Terms, Gretchen Rubin Media  grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Copying or storing any of the Content for other than personal use is expressly prohibited. 

Rights and Terms for Apps

Rights in the App Granted by Gretchen Rubin Media

Subject to your compliance with these Terms, The Happiness Project  grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. Gretchen Rubin Media reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

• These Terms are concluded between you and Gretchen Rubin Media, and not with the App Provider, and that, as between Gretchen Rubin Media and the App Provider, Gretchen Rubin Media, is solely responsible for the App.

• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Gretchen Rubin Media.

• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Gretchen Rubin Media will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

• You must also comply with all applicable third-party terms of service when using the App.

• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit on or through the Services any User-Generated Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

• Use, display, mirror or frame the Services, or any individual element within the Services, Gretchen Rubin Media’s name, Gretchen Rubin’s name, any The Happiness Project trademark, logo or other proprietary information (including without limitation THE HAPPINESS PROJECT® and HAPPIER™), or the layout and design of any page or form contained on a page, without our express written consent;

• Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

• Attempt to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;

• Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logos, URLs, or product names without our express written consent;

• Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any User-Generated Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content or User-Generated Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any such content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@the-happiness-project.com. If you purchase Subscription via an App Provider, you must also cancel your Subscription with the App Provider directly in order to stop being charged. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless The Happiness Project and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Digital Millennium Copyright Act Claims

Gretchen Rubin Media respects the intellectual property of others and responds to notices of alleged copyright infringement per the process set out in the U.S. Digital Millennium Copyright Act.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:

• An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on our Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The above notification should be sent to Gretchen Rubin Media’s Copyright Agent for notice of claims of copyright infringement as follows:  info@gretchenrubin.com, Attention: Copyright Agent.

Limitation of Liability

Neither Gretchen Rubin Media nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gretchen Rubin Media has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will Gretchen Rubin Media’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Gretchen Rubin Media for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Gretchen Rubin Media, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Gretchen Rubin Media and you.

Arbitration Notice

You agree that disputes between you and Gretchen Rubin Media  will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Gretchen Rubin Media agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York County, New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Gretchen Rubin Media otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Gretchen Rubin Media otherwise agree, the arbitration will be conducted in New York County, New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Gretchen Rubin Media submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Calm will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Gretchen Rubin Media will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Modification” section above, if Gretchen Rubin Media changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@the-happiness-project.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Gretchen Rubin Media’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Gretchen Rubin Media in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Gretchen Rubin Media and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gretchen Rubin Media and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Gretchen Rubin Media’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Gretchen Rubin Media may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Gretchen Rubin Media under these Terms, including those regarding modifications to these Terms, will be given: (i) by Gretchen Rubin Media via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Gretchen Rubin Media’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gretchen Rubin Media. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Gretchen Rubin Media at support@the-happiness-project.com.