MEMBERSHIP AGREEMENT

This Membership Agreement expressly incorporates and adopts the Terms of Use and Privacy Statement for HAPPYHOURNEARME.COM, LLC (“HHNM”) (LINK), and by clicking the “I AGREE” button below, you expressly agree to the Terms of Use, Privacy Statement and this Membership Agreement.

1. The Service includes a Member Portal for business owners who subscribe to the Service for marketing purposes (“Members”). Members will be provided secure, and independent access to their respective Member Portal, which allows Members to submit design and marketing content (“Content”) for the Member’s HHNM webpage. All Content submitted by a Member will be subject to HHNM’s review and approval, subject to HHNM’s sole and absolute discretion, prior to any publication of the Content on the Member’s HHNM webpage.

2. In exchange for the Service (see Terms of Use), you agree to pay HHNM a fee of $20.00 per month for the Term, for each property location that you register for the Service. You have the option of independently managing you respective Member Portal, or you may subscribe to HHNM’s Content Management Service for an additional fee of $10.00 per month for the Term. The Content Management Service is a limited service offered by HHNM whereby you provide HHNM with the applicable Content for your HHNM webpage, and HHNM will publish said Content to the same. The Content Management Service is subject to HHNM’s review and approval of the Content, and your final approval of your HHNM webpage prior to it being made live.

____ Member elects Content Management Service
____ Member declines Content Management Service

Any and all fees are subject to change at the sole and absolute discretion of HHNM. Payment for fees may be made through the Member Portal, or by check sent to:

HAPPYHOURNEARME.COM, LLC
7575 Vegas Drive, Suite 150
Las Vegas, NV 89128

All payments are due on the first day of each month. Please be advised that HHNM uses a third party payment processor for all payments made through the Member Portal. The processing of payments through the Member Portal will be subject to the terms, conditions and privacy policies of the third party payment processor. HHNM does not control the processing of payments by the third party payment processor, and HHNM bears no liability for the security or performance of the third party payment processor.

3. The initial Term of the Membership Agreement shall be twelve (12) months. After the initial Term has expired, you may terminate this Agreement upon providing HHNM thirty (30) days’ notice through the Member Portal.

4. HHNM DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL INCREASE YOUR BUSINESS OR PROFITS.

5. You acknowledge that this Membership Agreement and your use of the Service is not exclusive, and that HHNM may offer the Service to your competitors.

6. Nothing in this Agreement shall be construed to constitute a partnership, employee/employer relationship, joint venture, or agency relationship between you and HHNM.

7. If you discover that the security of your HHNM account has been compromised or breached in any way, you are responsible for notifying HHNM of the same immediately.

8. You retain all ownership rights for your respective Content and shall bear sole responsibility for your Content. HHNM’s approval of any Content and subsequent publication of the same through the Service shall not constitute HHNM’s endorsement of your Content and HHNM expressly disclaims any and all liability in connection with such Content.

9. By submitting Content to HHNM for publication through the Service, you expressly affirm, represent, and warrant the following: (1) that you own or have the appropriate rights, licenses, consents, and permissions to publish Content that you submit to HHNM; and (2) that you license to HHNM all patent, trademark, trade secret, copyright or other proprietary and intellectual property rights in and to such Content for purposes of publication through the Service.

10. You agree to comply with the Digital Millennium Copyright Act, and your use of the Service shall not involve any activity that infringes on the copyrights or intellectual property rights of others. As such, you agree that the Content you submit to HHNM for publication through the Service shall not contain third party copyrighted Content, or Content that is subject to other third party proprietary or intellectual property rights, unless you have permission from the owner of the Content or you are otherwise legally entitled to publish the Content.

11. You agree that this Membership Agreement and the Terms and Use constitute the entire understanding between you and HHNM, and that the Membership Agreement and Terms of Use supersedes any and all other prior understandings, representations, warranties or agreements between you and HHNM, and may be amended or modified only by a writing signed by you and HHNM.

BY CLICKING THE “I AGREE” BUTTON BELOW, YOU EXPRESSLY CONSENT AND AGREE TO, AND RATIFY THE MEMBERSHIP AGREEMENT AND TERMS OF USE.
I AGREE