TERMS OF USE

HAPPIER HOUR LLC

Last Updated March 8, 2021.

Welcome to Happierhour.com!

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using this website (“Site”), you agree to comply with and be bound by these Terms of Service.

If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. You and Happier Hour LLC. (“Happier Hour” or “We”) may each be referred to as “Party” and together as “Parties”.

By using the Site, you represent that you are at least 18 years of age or older. If you are under 18 years old, you may use the Site only with the involvement and approval of a parent or guardian. Happier Hour reserves the right to refuse service, terminate or suspend your access to the Site at any time in its sole discretion.

Services:

We provide a class series devoted to science-based practices that improve life satisfaction and short and long-term subjective well-being. These practices are culled from a wide variety of sources: Positive Psychology, Cognitive Behavior Psychology, Habit Formation, Kinetic Movement, Strategic-breathing, and Focused Attention (“Services”). Services are rendered from California, United States of America.

Acknowledgments:

You acknowledge and agree that the Services and/or contents of the Site are not meant to replace or substitute the advice and/or care of your mental health or medical provider. They are not meant to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. You agree and acknowledge that Happier Hour or its staff are not providing medical advice, mental health advice in any way. You understand that exercise may be a risk to Your physical health and safety if not done properly. You further understand that it is Happier Hour’s recommendation that you consult a physician prior to using any equipment, engaging in any exercise or physical activity and that engaging any exercise or physical activity, including those included in the Services presents the risk of injury for which Happier Hour disclaims all responsibility. If you are under mental health treatment, it is recommended to consult your mental health professional prior to participating in Happier Hour classes or using the Services.

Privacy:

Please review our Privacy Policy, which can be found at https://happierhour.com/privacy-policy and also governs your use of the Site; in order to understand our practices with regard to information, we collect about you through your use of the Site including email and text message communications.

Copyright:

All content on the Site, such as text, graphics, logos, button icons and images (“Content”), is the property of Happier Hour or its content suppliers and is protected by the United States and international copyright laws. The composition, selection, arrangement, and presentation of all materials on the Sites (including information in the public domain), and the overall design of Sites is the exclusive property of Happier Hour and protected by the United States and international copyright laws. You acknowledge and agree that the Site, Services, and content, including all associated intellectual property rights, are the exclusive property of Happier Hour and its licensors. The following scales may be offered as part of the Services: Scale of Positive and Negative Experience (SPANE) (Diener, E., Wirtz, D., Tov, W., Kim-Prieto, C., Choi. D., Oishi, S., & Biswas-Diener, R. (2009). New measures of well-being: Flourishing and positive and negative feelings. Social Indicators Research, 39, 247-266) and Satisfaction with Life Scale (SWLS) (Diener, E., Emmons, R. A., Larsen, R. J., & Griffin, S. (1985). The Satisfaction with Life Scale. Journal of Personality Assessment, 49, 71-75.). Except for the limited right to use the Site and Services set forth in these Terms of Use, no other rights are granted and all rights are reserved.

Copyright Notice and Take-Down Policy:

Notice of Infringement.

Happier Hour respects copyright law and expects its users to do the same. Happier Hour’s policy is to terminate in appropriate circumstances the Happier Hour account or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. As such, Happier Hour adheres to the following notice and takedown policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If You believe any member content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Happier Hour’s designated agent (“Copyright Agent”), as set forth below, and (ii) include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

• Identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;

• A statement that You have a Merchandise faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that, under penalty of perjury, the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Happier Hour’s Copyright Agent to receive DMCA Takedown Notices is team@happierhour.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Happier Hour to be authorized to take down any content, Your DMCA Takedown Notice must comply with all of the requirements of this Section.

Counter-Notice.

If You believe that Your content was removed or disabled by mistake or misidentification, You can send us a written counter-notification that includes the following: Email Your counter-notice to team@happierhour.com.

Include ALL of the following:

• Your name, address, and telephone number.

• The source address of the content that was removed (copy and paste the link in the notification email).

• A statement under penalty of perjury that You have a good faith belief that the content was removed in error.

• A statement that You consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which You are located, and that You will accept service of process from the person who originally provided Happier Hour with the Notice.

• A physical or electronic signature (for example, typing Your full name).

Trademarks:

Happier Hour®, all Happier Hour product names and logos are trademarks or registered trademarks of Happier Hour. Other parties’ trademarks referenced are the property of their respective owners.

License and Site Access:

Happier Hour grants you a non-exclusive limited license to access and make personal use of the Site and not to download, all or any portion thereof (other than temporary page caching) or modify it, or any portion of it, except with the express written consent of Happier Hour. This license does not include the right to any resale or commercial use of the Site or its Content; any derivative use of the Site or its Content; any downloading or copying of Content for the benefit of any other person or entity; or any use of data mining, robots or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Happier Hour. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Sites or any Content without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Happier Hour’s name or trademarks without our express written consent. You may not introduce or make available in any manner software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or any computer software, hardware or telecommunications equipment of Happier Hour or the visitors to the Site. You may not interfere with or disrupt the provision of the Site by Happier Hour or the servers or networks connected thereto. You may not collect or store personal data about other users of these Sites. Any unauthorized use or attempts to use the Site in an unauthorized manner terminates the permission granted by Happier Hour to use the Site hereby.

Your Personal Information:

If you use the Site, you are responsible for maintaining the confidentiality of your personal information (including your login information) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should notify Happier Hour immediately if you believe there has been unauthorized use of your account or password or any other breach of the Site’s security.

When registering to use the Site, or contacting Happier Hour through the Site, you agree to provide accurate and complete information and, in the case of registration, to keep this information current and complete. You are solely responsible to ensure that your use of the Sites is in compliance with applicable law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY HAPPIER HOUR ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAPPIER HOUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THESE SITES, OR EMAIL SENT FROM HAPPIER HOUR, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION THAT YOU PROVIDE. HAPPIER HOUR (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FOR DISRUPTIONS IN SERVICE ON THE SITE, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER FORM OF ACTION, EVEN IF HAPPIER HOUR HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. HAPPIER HOUR IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. HAPPIER HOUR MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE PRODUCTS OR SERVICES PROVIDE A THERAPEUTIC BENEFIT.

Maximum Liability. IN NO EVENT WILL THE LIABILITY OF HAPPIER HOUR, ITS OFFICERS, DIRECTORS AND PERSONNEL AND STOCKHOLDERS EXCEED THE MONIES RECEIVED BY HAPPIER HOUR FOR THE SERVICES PROVIDED TO YOU DURING THE TWELVE (12) months IMMEDIATELY PRECEDING ANY CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Changes in Services.

We may suspend or discontinue any part of the Services, the Site or the App or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services or the Site. We’ll try to give You notice when we make a material change to the Services or the Site that would adversely affect You, but this isn’t always practical.

Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges You contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Changes to these Terms:

Happier Hour reserves the right to make changes to the Site (including, without limitation, discontinuing the Site or the services offered on the Site) and these Terms of Use at any time, with or without prior notice. We will always include the date these terms were revised on the top of these Terms. Changes to these Terms will be effective at the time of posting. Your continued access or use of the Site will constitute acceptance of the modified Terms. If any term or condition of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Termination:

You’re free to stop using the Services at any time terminate these Terms by closing Your Happier Hour account.

Please refer to our Privacy Policy , as well as the licenses above, to understand how we treat information You provide to us after You have stopped using our Services. We are also free to terminate (or suspend access to) Your use of the Services or Your account, for any reason in our discretion, including Your breach of these Terms. Account termination may result in the destruction of any Content associated with Your account, so keep that in mind before You decide to terminate Your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination.

Links to Other Websites:

This Site may contain hyperlinks to other websites (“Links”). Happier Hour is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Happier Hour of the other website or of any products or services offered or information provided on the site or any association between Happier Hour and the other sites’ operators. Happier Hour is in no manner responsible or liable for the availability or content of the websites to which these Sites are linked or products or services you may purchase from such sites. Happier Hour makes no representations or warranties whatsoever about any other site you may access through our Sites.

You agree not to use any of the information on these Sites, including, without limitation, the email addresses that are posted here, to transmit, distribute or facilitate the distribution of unsolicited bulk email or other such advertisements or solicitations to Happier Hour or any of its employees, agents or suppliers, and any such use of the information on these sites is a violation of these Terms.

Geographic Consideration:

The Site is based in the United States. The Service is rendered by Happier Hour with an address at 775 E Blithedale Ave #368,

Mill Valley, CA 94941

. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. Access to the Site from territories where the Site or any of its services or products are illegal is prohibited. You acknowledge that You remain responsible at all times for Your compliance with U.S. and all applicable export and related statutes and regulations.

Communication:

All notices, requests, and other communications will be sent to Your email address provided herein or by text message if you provide mobile telephone number, and if to Happier Hour to the email address team@Happierhour.com or to any other addresses as either party may specify to the other in writing. Notice is made when received. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying You about the status of Your order, sending You reminders, facilitating secondary authentication, and providing other information. We may contact You by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by You. Standard message and data rates charged by Your mobile carrier may apply to the text messages we send You. You may opt out of receiving communications by following the unsubscribe procedures we provide to You. In the case of text messages, You may opt-out by replying “STOP” to a text message You receive from us or by emailing [insert email]. You acknowledge that opting out of receiving communications may impact Your use of the Services.

10. Fees and Payment

The provision of the Services may be subject to payment of the relevant fees through a valid credit card. By entering Your credit card information, You represent that You are the lawful owner of the credit card or that You have been authorized by the lawful owner to use the credit card for payment of the fees. Fees are due in advance for each subscription period (“Subscription Period”) and once paid are non-refundable even if You terminate these Terms and close Your Happier Hour account prior to the expiration of the Subscription Period.

You acknowledge and agree that in order to process the payment for any Subscription Fee we may use a third party payment processor and hereby authorize us to share Your payment information with such payment processor and other third parties who may provide payment related services to us including but not limited to services relating to fraud prevention.

We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon advance notice communicated to You through a posting on the Site or such other means as we may deem appropriate from time to time including email and text message.

Applicable Law:

Happier Hour’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and the relationship between you and Happier Hour shall be governed by the laws of the State of California without regard to its conflict of law principles.

Agreement to Arbitrate and Class Action Waiver:

We encourage You to contact Us at team@Happierhour.com in the event of any disputes. If we can’t resolve a dispute through Customer Service, You and we agree to resolve any claims relating to the Terms, the Privacy Policy, or the Services through final and binding arbitration. This applies to all kinds of claims under any legal theory. It also applies even after You have stopped using Your Happier Hour account or deleted it.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are all giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too. Any arbitration will take place in Los Angeles County, California

The arbitration will be administered by American Arbitration Association under its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be borne by the non-prevailing party.

Our Address:

Happier Hour

775 E Blithedale Ave #368,

Mill Valley, CA 94941

Website:
www.happierhour.com