Terms & Conditions

HAPPYHOURNEARME.COM, LLC’S TERMS OF USE

  1. SCOPE OF SERVICES.  HAPPYHOURNEARME.COM, LLC (hereinafter “HHNM”) provides an online platform, including all features and functionalities of our application, our website, and user interfaces, and all associated content and software, that utilizes an interactive geo locator map that allows consumers to locate food and beverage establishments that are geographically nearby to them, and allows business owners to market their respective food and beverage businesses to such consumers through the platform (the “Service”). 
  2. AGREEMENT.  By using the Service or accessing the Service, or any portion thereof, you expressly agree to the terms and conditions described herein (hereinafter the “Terms of Use”), the HHNM Privacy Statement (LINK) (hereinafter “Privacy Statement”), which is specifically incorporated into the Terms of Use, and any applicable Membership Agreement that you enter into with HHNM. In the event that you do not agree to any of the Terms of Use, the Privacy Statement, or any applicable Membership Agreement, you may not use or access the Service, or any portion thereof. 
  3. MODIFICATION.  HHNM may, in its sole discretion, modify or revise the Terms of Use at any time. By using the Service, you expressly agree to any such modifications or revisions to the Terms of Use. While HHNM will make reasonable efforts to notify you of any modifications or revisions to the Terms of Use, HHNM recommends that you periodically review the most current version (LINK).

 
4. SERVICE AVAILABILITY.  While HHNM strives to provide you with excellent service and uninterrupted access to the Service, you acknowledge and agree that due to circumstances both within and outside of HHNM’s control; access to the Service may be limited, interrupted, suspended or terminated. Further, you acknowledge that the Service may be unavailable from time to time for reasons including, but not limited to, maintenance or technical difficulties. HHNM retains the right, in its sole discretion, to deny or terminate access to the Service to anyone, at any time and for any reason. HHNM reserves the right to discontinue the Service at any time. HHNM DOES NOT WARRANT OR GUARANTEE THE OPERATION OF THE SERVICE, NOR DOES HHNM WARRANT OR GUARANTEE THE SERVICE AGAINST THIRD PARTY INTERFERENCE, AND SHALL BEAR NO LIABILITY TO YOU FOR THE SAME.
 

  1. THIRD PARTY ADVERTISING.  HHNM permits Members and advertisers to promote third-party products and/or services through the Service, which may contain links to third party websites and/or applications that are not owned or controlled by HHNM. As such, HHNM recommends that you review the terms of use, privacy policy and other applicable policies related to these third party websites, applications and any products or services offered by the same.

YOU ACKNOWLEDGE THAT HHNM HAS NO CONTROL OVER THIRD PARTY WEBSITES AND/OR APPLICATIONS AND BEARS NO LIABILITY FOR THE SAME. FURTHER, HHNM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICE, NOR DOES HHNM BEAR LIABILITY OR RESPONSIBILITY FOR ANY TRANSACTIONS CONDUCTED BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. GENERAL RESTRICTIONS ON USE. Your use of the Service and your interaction with HHNM must comply with the Terms of Use and any and all applicable laws. To the extent that HHNM determines, in its sole discretion, that your conduct violates the Terms of Use or interferes with the Service, HHNM may restrict or terminate your use and/or access to the Service and may seek other legal and equitable remedies against you, including injunctive relief. Further, you agree that you will not engage in any of the following activities as they are expressly prohibited by HHNM and constitute express violations of the Terms of Use:

 

  1. Purposely submitting inaccurate information, committing fraud or falsifying information in connection with any HHNM account;

 

  1. Circumventing, modifying, altering, tampering or otherwise interfering with the Service, or any portion thereof;

 

  1. Accessing or attempting to access data or content not intended for you, such as logging into a server or an account which you are not authorized to access;

 

  1. Submitting or publishing content to the Website that, in the sole discretion of HHNM, is offensive, obscene or violent in nature;

 

  1. Interfering or attempting to interfere with the Service or another party’s access to the Service, in any manner, including, but not limited to: submitting or introducing a virus, Trojan Horse, or other similar malicious program to the Service; or overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Service;

 

  1. Any activity in violation of any applicable laws, regulations and ordinances, or any illegal or malicious activity that threatens or harms the business interests or reputation of HHNM or the Service.

 

  1. DISCLAIMER OF WARRANTY.  NEITHER HHNM, NOR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, AND/OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY WARRANT THE AUTHENTICITY, ACCURACY, VALIDITY OR INTELLECTUAL PROPERTY RIGHTS OF THE CONTENT OR REPRESENTATIONS MADE BY THIRD PARTIES THROUGH THE SERVICE. HHNM DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL INCREASE A MEMBER’S BUSINESS. HHNM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ACCESS AND USE OF THE SERVICE AND/OR ANY CONTENT OR REPRESENTATIONS MADE BY THIRD PARTIES THROUGH THE SERVICE .

 
8. RELEASE AND WAIVER.  YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HHNM HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND/OR EXPENSES RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OR ACCESS TO THE SERVICE, UNLESS CAUSED BY THE WILLFUL MISCONDUCT OF HHNM.
 

IN NO EVENT WILL HHNM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICE, OR USE OR ACCESS TO THE SERVICE, OR ANY COMPONENT THEREOF, EXCEED FIVE HUNDRED DOLLARS ($500.00) DOLLARS.

 

  1. ACCEPTANCE OF TERMS OF USE.  You hereby affirm that you are an individual who is at least 18 years of age and that you have the capacity to enter into contracts and are authorized to enter into legal and binding obligations.  Further, you agree to comply with the Terms of Use as set forth herein.

 

  1. GENERAL DISCLOSURES.

 

  1. Governing Law.  Any and all claims and disputes arising in whole or in part from the Terms of Use, the Service, use or access to the Service or any portion thereof, or any Membership Agreement, shall be governed by laws of the State of Nevada, without regard to its choice of law rules and without regard to conflicts of laws principles.  

 

  1. Severability.  If any provision or any part of any provision of the Terms of Uses shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, by a court of competent jurisdiction, then the remainder of the Terms of Use shall not be affected thereby and shall remain in full force and effect.

 

  1. No Waiver.  No waiver of any term or provision of this the Terms of Use shall be deemed a waiver of any other term or provision herein. A failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

 

  1. Attorneys’ Fees.  In the event that legal action or arbitration is initiated to enforce the Terms of Use or a Membership Agreement, the prevailing party in such proceeding shall be entitled to recover from the non-prevailing party, all costs and expenses incurred as a result of such proceeding, including reasonable attorneys’ fees.

 

  1. Captions and Headings.  Paragraph titles, captions or headings contained herein are used only as a matter of convenience and for reference purposes, and in no way define, limit, extend or describe the scope of the Terms of Use or any provision hereof.