Terms of Use

Effective Date: January 7, 2019 | Last Updated: February 2026

IMPORTANT NOTICES

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 11 BELOW ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.”

BY ACCESSING, USING, OR ATTEMPTING TO USE THE SITE OR SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.

WELCOME

Welcome to Be Happy Be You™. The Services are provided to you by Got Gummys LLC, a limited liability company (“Be Happy Be You,” “Got Gummys LLC,” “we,” “us,” “our”), through our website at www.behappybeyou.net (the “Site”), subject to the following Terms of Use (the “Terms”).

These Terms may be updated from time to time by posting a revised version without advance notice. Each time you access the Site, you agree to be bound by the Terms in effect at that time.

  • Privacy Policy: Your use of the Services is also subject to our Privacy Policy.

  • Hosting: Our store is hosted by Shopify Inc., which provides the e-commerce platform enabling us to sell products and services to you.

SECTION 1 – THE SERVICES

Through the Site, you may create an account, browse products, and purchase products (each a “Service,” collectively the “Services”). To use the Services, you must be at least eighteen (18) years old or the age of majority in your jurisdiction.

User Account: You may create an account (“Account”) to streamline checkout and store order history. You must provide accurate information and update it as necessary. Creation of an Account is optional, but certain features may require one.

Account Security: You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately of any unauthorized use. We reserve the right to suspend or terminate Accounts at our discretion, including for: Unlawful use of Services; inaccurate account information; attempts to interfere with Site functionality; payment issues; or breach of these Terms.

SECTION 2 – PRODUCTS AND SERVICES

Products are offered subject to availability. We reserve the right to change product descriptions, pricing, and availability at any time without notice. We attempt to display product images accurately but cannot guarantee your device's display will be 100% accurate. Returns and exchanges are governed by our Shipping & Return Policy.

SECTION 3 – CONDITIONS OF USE

No Resale: Your use of Services is personal. Commercial resale or exploitation of our products without express written permission from Got Gummys LLC is strictly prohibited.

Prohibited Restrictions: You may not: copy or reproduce Site materials; use scraping or automated extraction tools (bots); attempt unauthorized access or disrupt Site functionality; impersonate others; or use the Site unlawfully.

SECTION 4 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Got Gummys LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from (i) your use of the Site; (ii) any product purchased through the Site; or (iii) unauthorized access to your data. In no event shall our aggregate liability exceed the amount you paid us for the specific product at issue.

SECTION 5 – INTELLECTUAL PROPERTY

All Site content, trademarks, logos, and intellectual property belong to Got Gummys LLC or its licensors. Unauthorized use is prohibited.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

SECTION 7 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or by postal mail, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Got Gummys LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 11 – DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. It affects your rights, including your right to file a lawsuit in court.

11.1 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration rather than in court.

11.2 Class Action Waiver: YOU AND GOT GUMMYS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims.

11.3 Governing Law: These Terms and any dispute related thereto shall be governed by the laws of the State in which Got Gummys LLC is registered, without regard to conflict of law principles.

SECTION 12 – CONTACT INFORMATION

Questions about these Terms should be sent to us at: Email: support@behappybeyou.net

Entity: Got Gummys LLC