These Terms of Use and Service (the "Terms") are an agreement between Happy Child Now LLC, of 30 N Gould St Ste N, Sheridan, WY 82801, USA ("Happy Child Now", "we", "us") and any individual who uses HappyChildNow.com or any service we provide ("you").

Using the website, registering for a masterclass, joining our email list or purchasing a program means you accept these Terms. If you do not accept them, please stop using the website.

These Terms include disclaimers of warranties and limitations of liability, a release, and an indemnity. Sections 10 to 14 are the ones that most affect your legal rights. Please read them.

AND PLEASE READ SECTION 15. If you live in the United States, it says that most disputes are settled by individual arbitration rather than in court, and that you and we each give up the right to a jury trial and to take part in a class action. You can opt out of that within 30 days by emailing us, and nothing else changes if you do. It does not apply at all if you live in the EU, the UK or Australia.

Our Disclaimer, Privacy Policy, Cookie Policy and Refund Policy form part of these Terms.

We may change these Terms. The current version is always on this page. Continuing to use the website after a change means you accept the change.

1. What we provide

We provide parenting education for parents and carers of children, delivered online. This includes free material such as the masterclass and articles, and paid material such as the Happy Child Now Program.

The Happy Child Now Program runs for 12 weeks. It is delivered as recorded material you work through, live education training sessions, and live Question and Answer sessions with Mark Goble. What you keep after the twelve weeks and what ends with them is set out in section 7.

Read the Disclaimer before you use anything we provide. In particular: we do not provide healthcare, therapy or clinical treatment, we do not diagnose, and using our services creates no clinical relationship.

We are not a healthcare provider and we are not a HIPAA covered entity. Our Services are not built to comply with the Health Insurance Portability and Accountability Act or any other industry-specific health regulation. If your use of our Services would be subject to those laws, you must not use them.

2. Who may use it

You must be 18 or over to register for anything we run, to hold an account, and to purchase.

Our services are for parents and carers. They are not for children. Children must not register, hold an account, take part in a live session, or use the services themselves. We do not knowingly collect personal information from children, and where we learn that we have, we delete it.

You are responsible for keeping your account details secure and for everything done through your account.

WHEN YOU TELL US ABOUT YOUR CHILD

You decide whether to tell us anything about your child, and you decide how much. Nothing about your access depends on it. But when you do tell us something — in an email, in a live session, or in the Success Tracker if we launch one — you confirm two things.

• That you are that child's parent or legal guardian, or that you otherwise have the legal right to give us that information

• That you are entitled to give it to us for the purposes set out in our [Privacy Policy], which is to deliver the program to you and to answer you

If you are not that child's parent or guardian, please do not tell us about them. If we learn that information about a child reached us from somebody who had no right to provide it, we will delete it.

You confirm this again at checkout, in its own tick box, because it matters enough to be said twice.

3. License, and what you may not do

We give you a personal, non-transferable, non-exclusive license to use our material for your own family's use, for as long as you have access.

You may not: copy, share, resell, publish, sublicense or distribute any of our material · share your login · record, reproduce or distribute any live education training session, live Question and Answer session or community interaction unless we have given you written permission · use our material to train, teach or coach anyone else, or to build a competing product · reverse engineer or scrape the site.

You also may not:

• use anything you learn from us to provide psychological, clinical or therapeutic services to anyone else unless you are licensed or authorized to do so. What we teach is education for your own family. It is not a qualification and it does not make you a practitioner.

• impersonate Mark Goble, our team, or another participant

• harass, abuse or harm another participant or a member of our staff

• use the Services to advertise or sell anything of your own

4. Our intellectual property

All content we provide, including text, video, audio, images, structure, the Happy Child Now name and any framework or method we teach, remains ours or our licensors'. Nothing in these Terms transfers ownership to you.

5. Live sessions, camera, chat and recordings

Every live session is recorded, and what happens to the recording depends on which session it was. The two are different and we keep them apart.

Session What we do with the recording

The masterclass, which is free and open to anyone We keep it. Parts of it may be used in our marketing, and we may run it in place of a live masterclass for a future group. It does not form part of the paid program.

The live education training sessions and the live Question and Answer sessions, which are inside the paid program These recordings become part of the program itself. Parents who join later work through them

Your camera is off by default. You choose whether to turn it on.

If you turn your camera on, speak, or type in the chat, you may appear in the recording. By doing any of those things you give us permission to record you and to use your image, likeness, voice, name and words.

That permission is worldwide, royalty free and ongoing, and covers any use connected with our services, including replays, the program itself, teaching material, and marketing. You are not entitled to any payment for it, now or later.

Please decide before you turn your camera on, not afterwards.

These recordings are the program. They are watched by parents who join months and years later, they are kept for as long as the program exists, and the moment you appear in one you are part of something other people have paid for. That is a real decision and we would rather you made it deliberately.

So: your camera is off, and it stays off unless you choose otherwise. Nobody will ask you to turn it on, and nobody will think anything of it if you never do. You can ask every question you want to ask by typing it in the chat, and you will get exactly the same answer.

If you are in the EU or the UK, you have rights over your personal information that we cannot ask you to give up, and those still apply. See our [Privacy Policy].

Live sessions are for adults. Children must not take part.

Children may not appear on camera, speak on the microphone, or type in the chat, and you agree to make sure that does not happen while you are taking part. Please join from somewhere your child is not on screen and not within range of your microphone.

If a child does appear or can be heard, we may turn your camera and microphone off for the rest of that session, and we will edit the child out of the recording before it is published. You can ask us to do that at any time and we will.

We do not want, and we will not knowingly keep, any recording of your child. What we teach you to do, you do at home, not on our calls.

If you would rather not appear yourself, keep your camera off and ask your question in the chat. You can take part fully without ever being on camera.

Other participants can see what you type in the chat. Please do not share anything you would not want other participants to see. We ask that you treat other participants with respect and keep what others share confidential. We cannot control what other participants do, and we are not responsible for their conduct.

6. Anything you send us

If you send us feedback, questions, entries, testimonials, photographs or other material, you give us a worldwide, royalty-free license to use it in connection with our services, including anonymously in materials for other parents.

We use testimonials only with written permission from the person who gave them. Testimonials describe individual experiences and are not typical.

Photographs of children are different, and we treat them differently. We do not publish a photograph, video or recording in which a child's face is identifiable unless the child's parent or legal guardian has signed a separate written release for that specific image, and where that child is now an adult, unless they have signed it themselves. Sending us a photograph is not that release. If you want a photograph of your child used, we will send you the form. If you do not, nothing happens, and it changes nothing about your access.

7. Buying a program

Prices are shown before you buy and are in US dollars unless stated otherwise. You are responsible for any taxes, duties or bank charges that apply where you live.

Payment plans. Where you choose to pay in installments, you are agreeing to all of the installments, on the dates shown at checkout, charged automatically to the payment method you provide. We will tell you the number of payments, the amount of each, and the dates, before you pay the first one.

And we will not let you agree to it by accident. If you choose the payment plan, checkout shows you a separate box, unticked, that names each payment, each date and the total, and you have to tick it yourself before the purchase completes. Agreeing to these Terms is not the same as agreeing to the payment schedule, and we keep the two apart on purpose.

The payment plan is a way to spread the cost. It is not a subscription and it is not a trial.

Within the first 30 days, you can ask for a refund under our 30 day money back guarantee. We refund what you have paid, we cancel any remaining payments, and your access ends.

After the first 30 days, the guarantee period has ended and the remaining payments are due on the dates shown at checkout. By then you have had 30 days and more than a third of the program to decide whether it is for you.

This is the part people skim, so we will say it plainly. When you choose the payment plan you are buying the whole program, not renting it month to month. You are agreeing, as a matter of contract, to pay every installment. Cancelling your access, stopping your use of the material, or asking us to close your account after day 30 does not cancel the installments that are still to come. If you want out with nothing further to pay, that is what the 30 day guarantee is for, and it costs you nothing to use it.

If a payment fails, we will tell you and try again. If it stays unpaid, we may suspend your access until it is settled, and we may recover the outstanding balance and reasonable costs of doing so.

CHARGEBACKS

If you want your money back, email us. Do not ask your bank. Our refund takes 5 business days. A chargeback takes your bank 45 to 90 days and you get the same money, later.

Inside the 30 days: if you file a chargeback and you were entitled to a refund anyway, we will not fight you. We treat it as a refund request, we will not contest it, your access ends, and that is the end of it. You did not need to do it that way, but you will not be punished for it.

After the 30 days it is different, and it is fair to tell you before it happens rather than after. The guarantee period has ended and the payments are contractually due, so we will contest the dispute and give the card network the record of your purchase, your acceptance of these Terms, the guarantee we offered you, and your access log. Your access ends when the dispute is filed.

What we will not do is chase you. We will not accelerate your remaining payments, we will not add costs, and we will not send you to a collection agency. We let the dispute process decide it. If we win, the payment stands. If we lose, your access has ended and that is where it finishes.

None of this applies if the charge genuinely was not yours. If you think your card has been used fraudulently, contact your bank and contact us, and we will help you sort it out.

WHAT YOU GET, AND FOR HOW LONG

This is the part everybody wants a straight answer to, so here it is in a table.

What How long you have it

The Happy Child Now Program: every video, every module, every worksheet, and the recordings of the live sessions from your own cohort Yours to keep. For as long as we offer this program. It does not expire at week 12

The live education training sessions Your 12 week cohort

The live Question and Answer sessions with Mark Goble Your 12 week cohort

In one sentence: the teaching is yours to keep, and the live sessions run for your twelve weeks.

Access begins when your payment is confirmed. Your cohort's twelve weeks begin on the start date shown at checkout.

After week 12 you keep everything in the first row, permanently, and you can rewatch any of it whenever you want. If you want to carry on coming to the live Question and Answer sessions, there is a separate monthly membership for that. It is not automatic, nothing renews on its own, and you will never be charged for it unless you choose it.

If we ever retire this program, we will give you at least 90 days' notice by email and a way to download the material before it goes. We will not switch it off on you without warning.

8. Your right to change your mind

Our [30 day money back guarantee](#refund) applies to everyone. See the Refund Policy.

If you live in the EU or the UK, you also have a statutory right to withdraw from a distance contract within 14 days. Because we give you access to digital content immediately, you will be asked at checkout to agree that access begins straight away and to acknowledge that you lose the statutory 14 day withdrawal right once it does.

Our 30 day guarantee is longer and more generous than the statutory right, and applies whether or not you tick that box.

9. Ending your access

You may stop using our services at any time.

We may suspend or end your access if you break these Terms, if you share or resell our material, if you behave abusively toward staff or other participants, or if a payment fails.

If we end your access because you broke these Terms, we are not required to refund you beyond any statutory right or an active guarantee period.

10. No warranties

We provide our services "as is" and "as available."

To the fullest extent the law allows, we make no warranties or representations about the website or the services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the services will be uninterrupted, error free, or that they will produce any particular outcome for you or your child.

Some jurisdictions do not allow the exclusion of implied warranties, so some of this may not apply to you. Nothing here removes rights you have under consumer law that cannot be excluded, including under the Australian Consumer Law and UK and EU consumer law.

11. Limitation of liability

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, data or goodwill, arising from your use of our services.

Our total liability to you for any claim is limited to the amount you paid us in the twelve months before the claim arose.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

12. Your responsibility for how you use this

Happy Child Now is education. You decide whether to use what you learn, when to use it, and how. You take full responsibility for that decision and for everything that follows from it.

By using our material you confirm that:

• You are applying what you learn of your own free will, with your own child, in your own home

• You have considered whether it is appropriate for your family and your situation

• You remain responsible for your own health, safety and wellbeing, and for your child's, at all times

• You will seek qualified professional help where it is needed

• You will not delay, stop or change any medical or psychological treatment on the strength of anything we teach, without speaking to the professional who prescribed it

• You understand that any result depends on you applying what you learn. We provide the education. Applying it is yours to do, and no outcome is promised or guaranteed

13. You release us

To the fullest extent the law allows, you release Happy Child Now LLC, Mark Goble, and our officers, directors, shareholders, members, employees, contractors, coaches, facilitators, affiliates, agents, licensors, insurers and successors (together, the "HCN Parties") from all claims, demands, damages and causes of action arising from your use of our material, from your application of anything you learn, or from any outcome in your family.

14. You indemnify us

You agree to indemnify and hold harmless the HCN Parties against any claim, loss, liability, damage, cost or expense, including reasonable legal fees, arising from:

• your breach of these Terms

• your misuse of our material, or sharing or reselling it

• your infringement of anyone else's rights

• any claim brought by a third party, including a member of your own family, arising from how you applied what you learned

15. If something goes wrong between us

15.1 TALK TO US FIRST

Before either of us starts anything formal, we both agree to try to sort it out directly for thirty days. That starts when one of us writes to the other setting out the problem. Write to happy@happychildnow.com with "Dispute" in the subject line.

Most problems end here, and the 30 day money back guarantee ends most of the rest before they start.

15.2 TIME LIMIT

Any claim either of us brings must be started within one year of the event that caused it, unless the law where you live gives you longer and does not allow that to be shortened.

15.3 WHAT IS NEVER COVERED BY 15.1

The thirty day step does not apply, and either of us may go straight to court, for:

• anything about intellectual property, ours or yours

• piracy, theft, unauthorized access, or unauthorized copying or sharing of our material

• any application for an injunction

This carve-out matters to us. Our program is video, and video can be copied. If somebody rips and redistributes it we need to be able to act immediately.

15.4 ARBITRATION, IF YOU LIVE IN THE UNITED STATES

If the thirty day conversation in 15.1 does not settle it, and you live in the United States, you and Happy Child Now LLC agree to settle the dispute by individual arbitration rather than in court.

Who runs it. The American Arbitration Association, under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules. The Federal Arbitration Act governs this section.

Who pays. We do. Happy Child Now pays or reimburses the filing, administrative and arbitrator fees that the AAA Consumer Arbitration Rules require, unless the arbitrator decides your claim was frivolous. Cost is not a reason for you to stay silent.

Small claims instead, if you prefer. Either of us may take an individual claim to small claims court instead of arbitration, as long as it qualifies and stays individual.

Where it happens, and this matters more than it looks. The arbitration takes place in the county where you live. Not where we are. You will never be asked to travel to Wyoming, or anywhere else, to bring a claim against us.

And you choose the format. It can be handled entirely in writing, by telephone, or by video call, and that choice is yours. If you would rather do it in person, you can.

15.5 NO CLASS ACTIONS, AND NO JURY

In plain English before the formal wording, because you should know what this means rather than just having read it. If you have a complaint against us, you bring it yourself, for yourself. You cannot join a group case against us, and you cannot have somebody else bring one on your behalf. An arbitrator can give you what you personally are owed, and nothing beyond that. We give up exactly the same rights against you.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

YOU AND HAPPY CHILD NOW LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

YOU AND HAPPY CHILD NOW LLC WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

UNLESS BOTH YOU AND HAPPY CHILD NOW LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, EXCEPT AS EXPRESSLY PERMITTED UNDER THE AAA MASS ARBITRATION SUPPLEMENTARY RULES, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

This applies only if you live in the United States. See 15.7.

15.5A IF A COURT WILL NOT ENFORCE 15.5

If a court decides that the waiver in 15.5 cannot be enforced for a particular claim, then section 15.4 does not apply to that claim either, and that claim goes to court rather than to arbitration. The rest of section 15 continues to apply to everything else.

15.6 YOU CAN OPT OUT, AND YOU HAVE THIRTY DAYS

You do not have to agree to 15.4 and 15.5.

Email happy@happychildnow.com with "Opt out" in the subject line within 30 days of your first purchase or registration, and neither of us is bound by the arbitration agreement or the class action waiver. Everything else in these Terms still applies, your access is unaffected, your guarantee is unaffected, and we will not treat you any differently for it.

15.7 IF YOU LIVE IN THE EU, THE UK, AUSTRALIA OR CANADA

Sections 15.4, 15.5 and 15.5a do not apply to you.

You keep every right your own consumer protection law gives you, including the right to bring a claim in your local courts. We are not going to ask you to give up protections your country, or your province, does not allow you to give up.

16. Governing law

These Terms are governed by the law of the State of Wyoming, USA, without regard to its conflict of law rules, except that the arbitration agreement at section 15 is governed by the Federal Arbitration Act.

That does not take away rights your own country gives you. Many countries give consumers protections that a contract is not allowed to remove, however the contract is worded. Where you live in a place like that, you keep those protections and you keep the right to go to your local courts, and nothing in these Terms changes that.

17. Electronic communications, and agreeing online

Visiting our site, emailing us, and filling in our forms are all electronic communications. You agree to receive communications from us electronically, and you agree that anything we send you by email or show you on the site meets any legal requirement that it be in writing.

You agree that ticking a box, clicking a button, or typing your name counts as your signature, and that electronic records of what you agreed to, and when, are valid.

You waive any right you might otherwise have to insist on a paper record or a handwritten signature.

18. General

If any part of these Terms cannot be enforced, that part is removed and the rest still applies.

Our not enforcing something is not a waiver of it, and it does not stop us enforcing it later.

We may transfer these Terms as part of a sale or reorganization of our business. You may not transfer them to anyone else.

We are not responsible for a failure or delay caused by something outside our reasonable control, including an outage at a supplier we depend on.

Nothing in these Terms creates a partnership, a joint venture, an employment relationship or an agency between you and us.

These Terms will not be read against us simply because we wrote them.

These Terms, with the Disclaimer, Privacy Policy, Cookie Policy and Refund Policy, are the whole agreement between us.

19. Recommendations, commissions and people who promote us

We may from time to time recommend other people's products, and where we do we may earn a commission if you buy through our link. It costs you nothing extra. We only recommend what we would recommend anyway, and a commission never buys a recommendation from us. Where we earn one, we will say so at the time.

We may also allow other people to promote Happy Child Now and earn a commission for referring a customer. If somebody sent you here, they may be paid for it, and they must tell you so.

Whoever they are, they are not us. Anyone who promotes us does not work for Happy Child Now, is not authorized to speak for us, and anything they tell you about what our program will do for your child is theirs, not ours. What we promise is in these Terms, the Disclaimer and the Refund Policy. Nothing anyone else says adds to that or changes it, and if a claim did not come from us, we are not bound by it.

20. If you live in California

Under California Civil Code section 1789.3, California users are entitled to this notice.

If a complaint is not resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone on (800) 952-5210 or (916) 445-1254.

21. Contact

Happy Child Now LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA · happy@happychildnow.com