- 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”).
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.
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.
- Purposely submitting inaccurate information, committing fraud or falsifying information in connection with any HHNM account;
- Circumventing, modifying, altering, tampering or otherwise interfering with the Service, or any portion thereof;
- 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;
- Submitting or publishing content to the Website that, in the sole discretion of HHNM, is offensive, obscene or violent in nature;
- 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;
- 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.
- 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.
- GENERAL DISCLOSURES.