Happy Hour Joker Terms and Conditions

Website Terms and Conditions and Membership Terms and Conditions

WEB SITE TERMS AND CONDITIONS OF USE

Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Disclaimer
The materials on Happy Hour Joker web site are provided “as is”. Happy Hour Joker makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Happy Hour Joker does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations
In no event shall Happy Hour Joker or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Happy Hour Joker Internet site, even if Happy Hour Joker or a Happy Hour Joker authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Happy Hour Joker is not responsible for any action Happy Hour Joker Licensees or Happy Hour Joker representatives take.
Happy Hour Joker Licensees are not responsible for violations by persons acting in their behalf, including independent contractors and the licensees own sales personnel.

The materials appearing on Happy Hour Joker web site could include technical, typographical, or photographic errors. Happy Hour Joker does not warrant that any of the materials on its web site are accurate, complete, or current. Happy Hour Joker may make changes to the materials contained on its web site at any time without notice. Happy Hour Joker does not, however, make any commitment to update the materials.

Age of users
Happy Hour Joker does not intend www.happyhourjoker.com website to be used by minors under the age of 18. Furthermore, Happy Hour Joker does not market www.happyhourjoker.com website for use by minors under the age of 18. Happy Hour Joker relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Happy Hour Joker website are appropriate for view or access by such Users. Happy Hour Joker members must be 21 years or older to purchase a card.

Termination of usage
Happy Hour Joker may suspend or terminate any User's access to all or any part of the www.happyhourjoker.com website including any account thereon, without notice, for any reason in Happy Hour Joker sole discretion, including without limitation Happy Hour Joker belief that such access would violate any applicable law or would be harmful to the interests of any Happy Hour Joker Provider or another User.

Disclaimers and limitation of liability
The Happy Hour Joker website (www.happyhourjoker.com) is provided by Happy Hour Joker providers on an "as is" and "available" basis. To the fullest extent permissible by applicable law, Happy Hour Joker provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, no Happy Hour Joker provider makes any representation or warranty of any kind, expressed or implied: (I) as to the operation of the www.happyhourjoker.com website, or the information, content, materials or products included thereon; (II) that the www.happyhourjoker.com website will be uninterrupted or error-free; (III) as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the www.happyhourjoker.com website; or (IV) that the www.happyhourjoker.com website, its servers, or e-mail sent from or on behalf of Happy Hour Joker are free of viruses or other harmful components.

No Happy Hour Joker provider guarantees the continuous, uninterrupted or secure access to the www.happyhourjoker.com website or any related services. The operation of the www.happyhourjoker.com website may be interfered with by numerous factors outside the control of any Happy Hour Joker provider.

Under no circumstances shall any Happy Hour Joker provider be liable for any damages that result from the use of or inability to use the www.happyhourjoker.com website, including but not limited to reliance by a user on any information obtained from the www.happyhourjoker.com website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communication failure, theft, destruction, or unauthorized access to Happy Hour Joker records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content and services available through the www.happyhourjoker.com website.

No Happy Hour Joker provider will be liable for any indirect, incidental, special or consequential damages arising from the use of www.happyhourjoker.com website or the purchase of any products therefrom, even if such Happy Hour Joker provider has been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.

Links
Happy Hour Joker has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Happy Hour Joker of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications
Happy Hour Joker may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Happy Hour Joker does not guarantee the continuous, uninterrupted or secure access to the www.happyhourjoker.com website or any related services. The operation of the www.happyhourjoker.com website may be interfered with by numerous factors outside the control of Happy Hour Joker.

Governing Law
Any claim relating to www.happyhourjoker.com website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

Password Restricted Areas of this Site
You may need a password to login to this web site and to use certain functions and areas within this web site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Happy Hour Joker if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account.

Email Communications
All users who request to be subscribed to the Happy Hour Joker newsletter and businesses and users affiliated with Happy Hour Joker in any way grant Happy Hour Joker and only Happy Hour Joker to send information to the requested email as a newsletter. If you wish to unsubscribe from the Happy Hour Joker newsletter login to your account and un-check the newsletter box to remove yourself from the mailing list.

The Happy Hour Joker Newsletter is not responsible or liable for any actions taken from use of content and opinion expressed within the publication.

This newsletter may contain links to websites that are created and maintained by other companies. Happy Hour Joker does not accept responsibility for the content of external sites, nor does it guarantee the accuracy or completeness of any information presented there.

Whilst making all reasonable efforts to provide correct information, Happy Hour Joker cannot and does not warrant or guarantee that the data provided by this email newsletter are accurate in every respect. No warranty of any kind, whether expressed or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the mentioned data. Therefore, Happy Hour Joker as well as its officers, directors, employees, agents and managers, on behalf of whom this disclaimer is issued, shall have no liability or responsibility whatsoever no matter whether it is based on contract, tort or any other legal ground for any inaccuracy, incompleteness, omission, lack of timeliness or any other error of the data nor for any computer viruses transferred with the data supplied by Happy Hour Joker on its website and newsletter. Decisions based on information contained in Happy Hour Joker email newsletters are the sole responsibility of the user. Thus, Happy Hour Jokeras well as its officers, directors employees, agents and managers shall have in particular no liability or responsibility whatsoever for any direct or indirect or consequential loss to any person caused by or arising from any information - whether correct or incorrect - supplied by Happy Hour Jokerby this email newsletter.

The restrictions of liability or responsibility stipulated in this disclaimer do not apply with regard to willful or gross negligent acts of Happy Hour Joker as well as of its officers, directors employees, agents and managers and/or with regard to the breach of any essential contractual obligation. Furthermore, the restrictions of liability or responsibility stipulated in this disclaimer do not apply with regard to any statutory liability that cannot be restricted by consent and with regard to any liability for bodily harm. However, in the cases, in which the restrictions of liability or responsibility stipulated in this disclaimer do not apply, liability for negligent or gross negligent acts is limited to typical and foreseeable damages.

Any dispute out of or in connection with the use of the information provided by this email newsletter is subject to the exclusive jurisdiction of the courts of Sarasota, Florida. This Disclaimer shall also apply to the sender of this e-mail newsletter.
MEMBERSHIP TERMS AND CONDITIONS

Purchases
You agree to pay all fees or charges to your account based on Happy Hour Joker membership card fees, charges, and billing terms in effect as shown on the website. You are responsible for paying any taxes that may apply. You are expressly agreeing that Happy Hour Joker is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this web site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this web site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you loose your membership card or it get damaged or stolen, your card will not be reissued. The card has no cash value, it is not a credit/debit card and has no implied warranties. Happy Hour Joker is not responsible for any unauthorized card use.

Membership Fee
The annual Membership fee is currently $20. We may change the Membership fee at any time and without notice, but changes will apply only to new and renewal Memberships. The fee is not refundable.

Term; Continuous membership; Billing
The initial term of a Membership shall commence on the date it is purchased and continue until one year from the last day of the calendar month in which the Membership was purchased. Each Membership can automatically renew (therein referred to as a “Renewal Membership”) each year for additional one-year periods commencing on the day after the anniversary of the last day of the calendar month in which the Membership was purchased (referred to as “Continuous Membership”) unless Member did not check the automatic renewal box or we terminate your Membership.
Renewal Membership fees will be billed annually and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on the first day of the month in which your current Membership or Renewal Membership term expires.
Members can change their account information through an authenticated www.happyhourjoker.com account.
We cannot assume any liability for correspondence, mail or email, that is lost, delayed, or misdirected.

Cancellation, Termination
Your membership is valid for one year and cannot be canceled. No refunds will be issued.
We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership fee. We may terminate any or all of the benefits available under the Happy Hour Joker Member Program at any time with or without notice. In the event of our termination of this program no refunds will be issued.

Member Privacy Policy
As a Member, the information we capture will be subject to the Happy Hour Joker Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Happy Hour Joker Privacy Policy at any time online at www.happyhourjoker.com

DISCLAIMERS; LIMITATION OF LIABILITY
Use of the Happy Hour Joker program and any of its associated benefits is at your sole risk. The membership benefits are provided on an "as is" and "as available" basis. Happy Hour Joker, Edelsbacher Design Group Inc, and all of their respective affiliates, directors, officers and agents (collectively "Membership Providers") expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Membership Providers make no warranty that:

I. Happy Hour Joker program will meet your requirements
II. Happy Hour Joker program will be uninterrupted, timely, secure, or error-free, or
III. The quality of any products, services, information, or other material purchased or obtained by you from your use of the Happy Hour Joker program will meet your expectations. Membership Providers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Membership Provider has been advised of the possibility of such damages), resulting from:
I. The use or the inability to use the Happy Hour Joker program or any benefits thereof
II. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered via the use of the Happy Hour Joker program.
III. Unauthorized access to or alteration of your Happy Hour Joker program data or card
IV. Any other matter relating to the Happy Hour Joker program
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. Accordingly, some of the above limitations and exclusions may not apply to you.

GOVERNING LAW. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of FLORIDA, without regard to conflict of law principles.

Binding Arbitration
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Happy Hour Joker Member Program shall be settled by arbitration arbitration held in Sarasota, Florida and administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Happy Hour Joker from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).

Acknowledgment
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Happy Hour Joker Member Program with respect to the Happy Hour Joker Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Happy Hour Joker Member Program is deemed to have accepted the terms and conditions of this Agreement.
When using the www.happyhourjoker.com website, user agrees to the bound by these terms of use.

Changes to this agreement
We may change the terms of this Agreement at any time and without notice by posting a revised Agreement on the Member Program website located at www.happyhourjoker.com/membership. We may also notify members of such change via email to the email address in the member's account. Any change shall take effect immediately, unless otherwise provided. This Agreement was last modified on 12-04-2009.

Privacy Policy
Your use of this Site is governed by the Happy Hour Joker Privacy Policy.

Submissions
You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the web site and through the services available in connection with this web site, and that you, and not Happy Hour Joker, have full responsibility for each such submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. You hereby assign, transfer and convey to Happy Hour Joker all your worldwide right, title and interest in and to your submissions, and the complete right to exploit or otherwise use the submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submission that you make.

When submitting submissions to or otherwise using this web site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail', ‘spam', ‘chain letters', ‘pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the web site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this web site.


This list of prohibitions provides examples and is not complete or exclusive. Happy Hour Joker reserves the right to (a) terminate your access to your account, your ability to post to this web site and (b) refuse, delete or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Happy Hour Joker determines is inappropriate or disruptive to this web site or to any other user of this web site and/or services. Happy Hour Joker may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Happy Hour Joker discretion, Happy Hour Joker will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this web site or on the Internet.

Email Communications
All users who request to be subscribed to the Happy Hour Joker newsletter and businesses and users affiliated with Happy Hour Joker in any way grant Happy Hour Joker and only Happy Hour Joker to send information to the requested e-mail as a newsletter. If you wish to unsubscribe form the Happy Hour Joker newsletter log into your account and un-check the newsletter box to remove yourself from the mailing list.

The Happy Hour JokerHappy Hour Joker Newsletter is not responsible or liable for any actions taken from use of content and opinion expressed within the publication.

This newsletter may contain links to websites that are created and maintained by other companies. Happy Hour Joker does not accept responsibility for the content of external sites, nor does it guarantee the accuracy or completeness of any information presented there.

Whilst making all reasonable efforts to provide correct information, Happy Hour Joker cannot and does not warrant or guarantee that the data provided by this email newsletter are accurate in every respect. No warranty of any kind, whether expressed or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the mentioned data. Therefore, Happy Hour Joker as well as its officers, directors, employees, agents and managers, on behalf of whom this disclaimer is issued, shall have no liability or responsibility whatsoever no matter whether it is based on contract, tort or any other legal ground for any inaccuracy, incompleteness, omission, lack of timeliness or any other error of the data nor for any computer viruses transferred with the data supplied by Happy Hour Joker on its website and newsletter. Decisions based on information contained in Happy Hour Joker email newsletters are the sole responsibility of the user. Thus, Happy Hour Joker as well as its officers, directors employees, agents and managers shall have in particular no liability or responsibility whatsoever for any direct or indirect or consequential loss to any person caused by or arising from any information - whether correct or incorrect - supplied by Happy Hour Joker by this email newsletter.

The restrictions of liability or responsibility stipulated in this disclaimer do not apply with regard to willful or gross negligent acts of Happy Hour Joker as well as of its officers, directors employees, agents and managers and/or with regard to the breach of any essential contractual obligation. Furthermore, the restrictions of liability or responsibility stipulated in this disclaimer do not apply with regard to any statutory liability that cannot be restricted by consent and with regard to any liability for bodily harm. However, in the cases, in which the restrictions of liability or responsibility stipulated in this disclaimer do not apply, liability for negligent or gross negligent acts is limited to typical and foreseeable damages.

Any dispute out of or in connection with the use of the information provided by this email newsletter is subject to the exclusive jurisdiction of the courts of Sarasota, Florida. This Disclaimer shall also apply to the sender of this e-mail newsletter.
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