YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEB SITE. The service provided by Happy Hour Watch and network (collectively, "Happy
Hour Watch" or "HHW") are operated by Happy Hour Watch LLC (collectively, "us",
"we" or "the Company"). By using our web site you signify that you have read, understand
and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion,
to change, modify, add, or delete portions of these Terms of Use at any time without
further notice. If we do this, we will post the changes to these Terms of Use on
this page and will indicate at the top of this page the Terms of Use's effective
date. Your continued use of HHW or the Web site after any such changes constitutes
your acceptance of the new Terms of Use. If you do not agree to abide by these or
any future Terms of Use, please do not use or access HHW or the Web site. It is
your responsibility to regularly review these Terms of Use.
Conditions of Use
You agree to abide by the following restrictions, including your agreement not
to use this Web site for any unlawful purpose.
You agree that the information contained in, and any search results obtained from,
this Web site is for your personal use, non-commercial use only.
You further agree that you may not use HHW or the Web site in any unlawful manner
or in any other manner that could damage, disable, overburden or impair the Web
site. In addition, you agree not to use HHW or the Web site to: upload, post, email,
transmit or otherwise make available any content that we deem to be harmful, threatening,
abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise
objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent
yourself or your affiliation with any person or entity; upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation; upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; intimidate or harass
another; use or attempt to use another's account, service or system
without authorization from the Company, or create a false identity on HHW or the
Web site.
You may not use the search results obtained from this Web site to sell a product
or service, or to increase traffic to your own Web site for commercial reasons,
including advertising sales. You may not take the search results obtained from this
Web site and reformat and display them, or mirror the Happy Hour Watch home page
or results pages on your Web site. You may not "meta-search" this Web site. If you
want to make commercial use of the search results obtained from this Web site, you
must obtain Happy Hour Watch' prior express written consent to do so. Contact Us
For More Information.
You may not use tools to "data mine" or otherwise gather or extract data from this
Web site. Without the prior express written consent of Happy Hour Watch.
You further agree not to harvest or collect email addresses or other contact
information of Members from HHW or the Web site by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited communications.
Additionally, you agree not to use automated scripts to collect information from
HHW or the Web site or for any other purpose.
Proprietary Rights and Marks
All content on the Web site, including but not limited to design, text, graphics,
other files, and their selection and arrangement (the "Content"), are the proprietary
property of the Company or its licensors. All rights reserved. No Content may be
modified, copied, distributed, framed, reproduced, republished, downloaded, displayed,
posted, transmitted, or sold in any form or by any means, in whole or in part, without
the Company's prior written permission. You may not republish Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database or
compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either
trademarks or registered trademarks of the Company or its licensors and may not
be copied, imitated, or used, in whole or in part, without the prior written permission
of the Company.
Endorsement
Third Party Sites are not under the control of Happy Hour Watch, and you acknowledge
that Happy Hour Watch is not responsible for the accuracy, copyright compliance,
legality, decency or any other aspect of the content of such Web sites. References
that we make to any names, marks, products or services of third parties or hypertext
links to third party sites or information do not necessarily constitute or imply
our endorsement, sponsorship, or recommendation of the third party, information,
product, or service.
Information Provided by Users
Any feedback, data, answers, questions, comments, suggestions, ideas, or the
like which you send to Happy Hour Watch will be treated as non-confidential and
nonproprietary and you agree that any such information you choose to provide may
be reproduced, used, and distributed by Happy Hour Watch for any purpose without
restriction.
Disclaimer of Warranties and Liabilities
THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT SHALL HAPPY HOUR WATCH OR ITS AGENTS OR OFFICERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE MATERIALS, EVEN IF HAPPY HOUR WATCH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL HAPPY HOUR WATCH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAPPY HOUR WATCH HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
HAPPY HOUR WATCH SITE OR HHW, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
HAPPY HOUR WATCH SITE OR HHW, FROM INABILITY TO USE THE HAPPY HOUR WATCH SITE OR
HHW, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
THE HAPPY HOUR WATCH SITE OR HHW. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE HAPPY HOUR WATCH SITE OR HHW OR ANY LINKS ON THE
HAPPY HOUR WATCH SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE HAPPY HOUR WATCH SITE OR HHW OR ANY
LINKS ON THE HAPPY HOUR WATCH SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Happy Hour Watch, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers,
employees and shareholders, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through HHW, your use of HHW, your violation
of the TERMS OF USE, your breach of any of the representations and warranties herein,
or your violation of any rights of another.
Termination
Happy Hour Watch reserves the right to terminate your access to the site or to any
or all of Happy Hour Watch at any time without notice for any reason whatsoever.
Governing Law
You agree that: (1) the Happy Hour Watch Website shall be deemed solely based in
Ohio; and (2) the Happy Hour Watch Website shall be deemed a passive Website that
does not give rise to personal jurisdiction over Happy Hour Watch, either specific
or general, in jurisdictions other than Ohio. These Terms of Use shall be governed
by the substantive laws of the State of Ohio without regard to its conflict of laws
principles. Any claim or dispute between you and Happy Hour Watch that arises in
whole or in part from the Website shall be decided exclusively by a court of competent
jurisdiction located in Hamilton County, Ohio.
Monitoring
Happy Hour Watch is under no obligation to monitor the information residing on or
transmitted to this Web Site or Happy Hour Watch' server. However, anyone using
this Web Site agrees that Happy Hour Watch 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
Watch in its sole and absolute discretion. Happy Hour Watch reserves the right to
modify, edit, reject or eliminate any information contained on this Web Site that
it, in its sole and absolute discretion, believes is unacceptable or in violation
of this Agreement without prior notice.
Conduct
You agree not to use the Website or services offered on the Website for any purpose
that is unlawful or prohibited by this Agreement. You may not use the Website or
Services in any manner that could damage, disable, overburden, or impair this site
or interfere with any other party’s use of the site or Services.
You agree not to post or submit any items that are: 1) inappropriate, unlawful,
threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous,
abusive, or a violation of the legal rights (including without limitation privacy
and publicity) of others. 2) that is pornographic or depicts a human being engaged
in actual sexual conduct 3) that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability; d) that violates the Fair Housing Act
by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex, familial status
or handicap 4) violate the copyright, trademark, or other intellectual property
rights of any other person or entity 5) use the Website for commercial purposes,
or post messages that contain advertising or are intended to solicit others to buy
or sell services or to make donations 6) collect personal data about other users
for commercial or unlawful purposes 7) upload any files containing viruses, corrupted
files, or any other component that may be harmful to the operation of another’s
computer.
Anti-Spam Policy
Users of this Web Site shall not use this Web Site 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").
Miscellaneous
Happy Hour Watch may modify or terminate this Web Site 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 Web Site 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 Watch with respect to this Web Site and supersedes any
and all prior or contemporaneous agreements whether written or oral.
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