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Terms of Use
 
PLEASE READ THE FOLLOWING WEBSITE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE

This Website Agreement (this "Agreement") is between you and Happy-Hour.com ("Happy-Hour.com"). Use of this website (including any extensions thereof) (this "Website") signifies your agreement to the terms, conditions and notices contained or referenced in this Agreement. This Agreement includes the terms and conditions set forth herein, Happy-Hour.com's Privacy Policy and any other terms, notices, or policies incorporated by reference herein. If you do not agree to these terms and conditions, do not use this Website.

Terms and Conditions

YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. In addition, you are subject to any posted guidelines or rules applicable to your use of this Website or any particular Happy-Hour.com service which may be posted from time to time. All such guidelines, rules, or product documentation (including but not limited to Happy-Hour.com and any product exhibits as may be applicable) are hereby incorporated by reference into this Agreement. Happy-Hour.com reserves the right, at its sole and absolute discretion, to update or revise this Agreement or any portion thereof at any time and without prior notice. Please check this Agreement periodically to see recent changes. Notice of any changes to this Agreement will: (a) be given by posting such changes on this Website and (b) be effective upon posting. Your continued use of this Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Copyright Notice

Copyright © 2007-2016 Happy-Hour.com. All rights reserved.

Restaurant, Bar & Establishment Owners Payment Terms & Conditions

General listings are not subject to pre-payment or company credit card authorization. All restaurant, bar or establishment owners, spirits companies, beer manufacturers, wine producers, and/or consumer package brands (herein referred to as "Client") that have purchased a premium listing package, advertising campaign or sponsorship from Happy-Hour.com hereby authorize and agree to allow Happy-Hour.com to charge your credit card on a monthly basis (recurring) for a minimum of three months. This authorization is in compliance with the contract signed a dated by a representative of your company. Hereinto, charges will not be made and program and/or campaign will not commence until the required credit card authorization sheet has been signed and dated and returned to Happy-Hour.com for approval prior to start date.

Clients that sign a contract that rolls over into a month-to-month contract can cancel their premium listing, campaign and/or program any time thereafter provided the contract term has expired. This cancelation will require formal written notification, defined as electronic notification/email, facsimile, or mailed letter, within ten (10) business days prior to client cancellation.

Your credit card statement will indicate "Happy-Hour.com" as the billing company for said transaction. If you have any questions that are not indicated in the contract, please email sales@Happy-Hour.com. As is indicated on the credit card authorization sheet, client authorizes Happy-Hour.com to charge your credit card for the specified amount and agree to herein by signing the contract (I have read and agree to the terms and conditions) or the credit card authorization sheet, or in some instances checking the box online; and you agree not to issue a chargeback request relating to the approved transaction.

Conditions of Use

You agree to abide by the following restrictions, including your agreement not to use this Website for any unlawful purpose.

You agree that the information contained in, and any search results obtained from, this Website is for your personal use. You will not use this Website for any commercial purpose.

Any copies of documents contained on this Website must include the above copyright notice. You may not copy or print more than one copy of material posted on this Website.

You will not use this Website in any way that is unlawful or harms Happy-Hour.com its affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, as determined in Happy-Hour.com's sole and absolute discretion. Happy-Hour.com may inform you of certain specific harmful uses in a Code of Conduct or other notices available through this Website or another Happy-Hour.com Website, but has no obligation to do so. You may not use this Website in any way that breaches any Code of Conduct, policy or other terms applicable to this Website. Without limiting the generality of the foregoing, you may not use this Website in any manner that could damage, disable, overburden, or impair this Website (or the network(s) connected to this Website) or interfere with any other party's use and enjoyment of this Website.

You may not use the search results obtained from this Website to sell a product or service, or to increase traffic to your own Website for commercial reasons, including advertising sales. You may not take the search results obtained from this Website and reformat and display them, or mirror the Happy-Hour.com home page or results pages on your Website. You may not "meta-search" this Website. If you want to make commercial use of the search results obtained from this Website, you must obtain Happy-Hour.com's prior express written consent to do so. Contact Us For More Information.

You may not use "bots" or similar methods or tools to "data mine" or otherwise gather or extract data from this Website. Without the prior express written consent of Happy-Hour.com you may not: (a) display this Website in frames or utilize any other techniques to display this Website (or any content on this Website); (b) use any meta tags or any other "hidden text" utilizing Happy-Hour.com's name or trademarks; or (c) Happy-Hour.com's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (i.e., "spoof" their identity) when using this Website.

Without limiting the generality of the above, you will not use this Website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use this Website in any way that violates Happy-Hour.com's Anti-Spam Policy . A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Happy-Hour.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail. If your use of this Website includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through this Website even if such e-mail does not violate Happy-Hour.com's Anti-Spam Policy.

Trademarks and License

The Happy-Hour.com, name and logo and all Happy-Hour.com related product names, design marks and slogans are the trademarks, service marks or registered trademarks of Happy-Hour.com. All other product and service marks contained herein are the trademarks of their respective owners and may not be used without the prior express written consent of Happy-Hour.com or their owners, as the case may be. Materials published by Happy-Hour.com on this Website may contain other proprietary notices or describe products, services, processes or technologies owned by Happy-Hour.com or third parties. Nothing contained here shall be construed as granting to the user of this Website any consent, waiver or license under any copyright, trademark, patent or other intellectual property or other legal right of Happy-Hour.com or any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov/legislation/dmca.pdf and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. Happy-Hour.com has designated an agent to receive notifications of alleged copyright infringement under the DMCA. If you would like to file a DMCA notification, please complete and submit a DMCA Infringement Notification Form. If you feel that a DMCA infringement notification was filed in connection with your account in error, you may complete and submit a DMCA Infringement Counter Notification Form. The completed forms will automatically be sent to the designated agent. Happy-Hour.com handles all DMCA notifications it receives in accordance with its established procedures and does not respond to status inquiries made in connection with any individual notification or series of notifications.

If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify Happy-Hour.com in writing by email.

Third Party Sites; Disclaimer of Endorsement

This Website may produce automated search results or otherwise link you to other Websites on the Internet (collectively, "Third Party Sites"). These Third Party Sites may contain information or material that some people may find inappropriate. These Third Party Sites are not under the control of Happy-Hour.com, and you acknowledge that Happy-Hour.com is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such Websites. The inclusion of such a link or any reference on this Website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by Happy-Hour.com. Happy-Hour.com makes no representations whatsoever concerning: (a) the links, information, software or other material appearing on, or accessible through, any Third Party Site (including, without limitation, any advertisement for products or services on any Third Party Site); (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith or any use by third parties of user's credit card information); (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety or legality of such products or services or the sale thereof); or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any Third Party Site, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on this Website, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

Information Provided by You

Should any user of this Website provide Happy-Hour.com with information (including, but not limited to, feedback, data, questions, answers, comments, suggestions, e-cards, plans, ideas or the like, post reviews, comments or other content or communications) such information shall be deemed to be non-confidential, and Happy-Hour.com assumes no obligation to protect such information from disclosure (or any obligation of any kind with respect to such information).

By posting or submitting content, data or material ("Content"), and unless indicated otherwise by Happy-Hour.com, you: (a) grant Happy-Hour.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any media; (b) grant Happy-Hour.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent, warrant and agree that (i) you own or otherwise control all of the rights to such Content, (ii) such Content is accurate, (iii) use of such Content does not violate this Agreement or your obligations to any third party, (iv) the public posting and use of such Content by Happy-Hour.com is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, (v) such Content does not contain any virus, Trojan horse, worm or other code that delays or disrupts the use of any software or computer, and (vi) such Content does not consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam (see Happy-Hour.com's Anti-Spam Policy described below for more information). Happy-Hour.com assumes no responsibility and assumes no liability for any Content posted by you or any third party. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any Content. The submission of any Content to Happy-Hour.com shall in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Happy-Hour.com for any purpose whatever.

Information Provided by Others about Businesses contained on this Website

Visitors of this Website may have the ability to: (a) post reviews, comments, and other content; (b) send e-cards and other communications; and (c) submit suggestions, ideas, comments, questions, or other information, in each case so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or the like, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam (as defined below). Happy-Hour.com reserves the right (but not the obligation) to remove or edit such content.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER HAPPY-HOUR.COM NOR ITS SUBSIDIARIES AND AFFILIATES NOR ITS LICENSORS WARRANT: (A) THAT ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES ON, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; (B) ANY SERVICES OR GOODS PURCHASED OR RECEIVED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS CONTAINED ON THIS WEBSITE (AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON OR THROUGH THIS WEBSITE); (C) THAT THIS WEBSITE OR ANY THIRD PARTY SITE WILL BE AVAILABLE OR WILL CONTINUE TO BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE INTERNET GENERALLY. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY INFORMATION OBTAINED HEREFROM OR HEREIN IS SOLELY AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

IN NO EVENT WILL HAPPY-HOUR.COM, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, LOSS OF USE, DATA OR PROFITS, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THIS WEBSITE, EVEN IF HAPPY-HOUR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST HAPPY-HOUR.COM WITH RESPECT TO THIS AGREEMENT OR THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Your Access / Failure to Comply 'Indemnification

Happy-Hour.com reserves the right, in its sole and absolute discretion, to terminate, suspend or restrict your access to this Website, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Website. Happy-Hour.com also reserves any and all remedies at law or equity in connection with any violation of the terms of this Agreement by you. You agree, at your own expense, to indemnify, defend and hold Happy-Hour.com (and its subsidiaries, officers, directors, agents, employees and third parties providing content on this Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to: (a) any violations of this Agreement or any breach of your representations, warranties or covenants hereunder; (b) any virus, Trojan horse, worm or other code that delays or disrupts the use of any software or computer that is directly or indirectly linked to any Content provided by or through you; (c) any person's use of any Content provided by you to Happy-Hour.com; and (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you on or through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Security

You agree that you will comply with any security processes and procedures (such as passwords) specified by Happy-Hour.com with respect to access to or use of the Website. Further, you agree not to access or attempt to access any areas of or through this Website which are not intended for general public access, unless you have been provided with prior express written authorization to do so by Happy-Hour.com. You agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with other users' use of the Website.

Governing Law, Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its principles of conflicts of laws. YOU AND HAPPY-HOUR.COM, CONSENT TO THE EXCLUSIVE JURISDICTION OF AND VENUE IN THE COURTS LOCATED IN AUSTIN, TEXAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE.

Consent to Monitoring and Disclosure

Happy-Hour.com is under no obligation to monitor the information residing on or transmitted to this Website or Happy-Hour.com' server. However, anyone using this Website agrees that Happy-Hour.com may monitor this site periodically and release such information to: (a) comply with any necessary laws, regulations or other governmental requests; (b) operate the server properly or to protect itself and its users; and (c) achieve other business purposes determined by Happy-Hour.com in its sole and absolute discretion. Happy-Hour.com reserves the right to modify, edit, reject or eliminate any information contained on this Website that it, in its sole and absolute discretion, believes is unacceptable or in violation of this Agreement without prior notice.

Happy-Hour.com Anti-Spam Policy

Users of this Website shall not use this Website to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints ("spam"). Further, you are prohibited from obtaining a service of another provider to send spam to promote a site hosted on this Website. In addition, you will not use this Website in order to: (a) send e-mail messages which are excessive and/or intended to harass or annoy others; (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them; (c) send e-mail with forged TCP/IP packet header information; (d) send malicious e-mail, including, without limitation, "mail bombing"; (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider; or (f) use an e-mail box exclusively as a storage space for data.

Miscellaneous

Happy-Hour.com may modify or terminate this Website from time to time, for any reason, with or without notice, without liability to you, any other user or any third party. Except as otherwise required by law, any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action will be barred. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of this Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement or any failure to assert any right or privilege contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void. This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Happy-Hour.com with respect to this Website and supersedes any and all prior or contemporaneous agreements whether written or oral.
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