Updated March 18, 2012
HappyGrasshopper.com is an automated email marketing service offered by Happy Grasshopper, LLC. HappyGrasshopper.com provides businesses and entrepreneurs with a system to automatically keep in touch with their contacts. Throughout these Terms of Service HappyGrasshopper.com and/or Happy Grasshopper, LLC will be refereed to as Happy Grasshopper.
The Happy Grasshopper service may not be used for the sending of unsolicited email (spam). See our Anti-Spam Policy, which is incorporated into these Terms of Service by reference.
Children under the age of 13 may not use this service and parents or legal guardians may not agree to these Terms of Service on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use the Happy Grasshopper site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian agreeing to these Terms of Service for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this site, including all financial charges and legal liability that he or she may incur.
1. Copyright and Trademark Information
Copyright © 2011, 2012 Happy Grasshopper, LLC. All Rights Reserved.
This web site, the information which it contains, the services and products and all related content including, but not limited to the Email Marketing Product (herein collectively referred to as the “Product”) is the property of Happy Grasshopper and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. You may not reproduce, reprint, publish, or otherwise exploit content or technology from Happy Grasshopper or the Product without our express prior written consent. Your breach of this condition shall subject you to any and all claims under state, federal and international law including, but not limited to, the U.S. Copyright Act.
2. User Representations, Warranties and Acknowledgements
3.1 Fees for the Email Marketing Product.
You will be subject to monthly subscription fees in accordance with the fee schedule described here: Pricing
3.2 Fee Schedule; Discounts.
The fee schedule, including subscriber or contact levels, prices, and any discounts is subject to change at any time in Happy Grasshopper’s , sole discretion. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Happy Grasshopper’s standard rates will apply. Happy Grasshopper may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account. Repeated uploading and removing of unique email addresses in an attempt to circumvent Happy Grasshopper’s fee schedule and billing procedures is prohibited.
3.6 Payment; State and Local Sales Tax.
Payment for the Product will be made by a valid credit card accepted by Happy Grasshopper. Your payment will be processed by Happy Grasshopper and will appear on your billing statement as Happy Grasshopper, LLC. Checks will be accepted for annual payments. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Happy Grasshopper to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If Happy Grasshopper is for any reason unable to affect automatic payment via your credit card, Happy Grasshopper will attempt to notify you via email and your Happy Grasshopper account will be disabled until payment is received.
4.1 Subscriber Opt Out.
Every email message sent in connection with the Product will contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
5.2 Permission Practices.
You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or engage in any spamming activities.. As a matter of privacy, in the event emails that you send through the Product generate spam complaints from recipients, Happy Grasshopper will not share with you the email addresses of those who complain about your emails. You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. Happy Grasshopper, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding, and conclusive for all purposes under this Agreement. Happy Grasshopper will terminate your use of its Product if Happy Grasshopper determines that your level of spam complaints is higher than industry norms.
6.1 No Rights in Software.
This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Product or any software, documentation, or data related to the Product ("Software"); remove any proprietary notices or labels from the Product or any Software, modify, translate, or create derivative works based on the Product or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or any Software.
Unless otherwise permitted by written agreement or authorization by Happy Grasshopper, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters distributed to you by Happy Grasshopper in connection with the Product. Violation of these restrictions may result in the termination of this Agreement, to be determined by Happy Grasshopper in its sole discretion.
6.2 Permitted Use of the Products.
If you are using the Product in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Product, then you hereby covenant that, prior to engaging in such activities, you will first request that Happy Grasshopper perform such work at its standard professional services rates. Happy Grasshopper can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities. Notwithstanding the foregoing, nothing herein shall obligate Happy Grasshopper to perform such work or grant such permission.
6.3 Compliance with Laws; Monitoring.
You shall use the Product only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, , international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright, trademark and patent infringement, illegal access to and/or public disclosure of trade secrets and child protective email address registry laws).
6.4 Your Information.
In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Happy Grasshopper. Happy Grasshopper may use this information and any technical information about your use of the Product to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Product as a result of solicitation by a marketing partner of Happy Grasshopper, Happy Grasshopper may share your information with the marketing partner and the marketing partner may share related information with Happy Grasshopper. Except as described above. Happy Grasshopper will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information except (i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your Happy Grasshopper account was terminated due to unsolicited commercial email being sent from your Happy Grasshopper account. Happy Grasshopper will not sell or rent your contact lists to anyone without your permission and will not utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. Happy Grasshopper acknowledges your ownership right in your contact lists. In the event Happy Grasshopper amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6.5 Testimonial and Photo Release
I understand that in the event I submit any statement regarding my use of the Product (a “Testimonial”) and/or in the event I submit a photograph (a “Photo”) in conjunction with any such statement, both the Testimonial and Photo may be used in connection with publicizing Happy Grasshopper, including, but not limited to, the Product. Such use shall be solely at the discretion of Happy Grasshopper.
I hereby irrevocably authorize Happy Grasshopper to copy, exhibit, publish and distribute the Testimonial and/or Photo in any manner whatsoever, through any medium whatsoever, whether in existence now or to come into existence hereinafter, including, but not limited to, online, print, multimedia, film and video, for the purpose of promoting Happy Grasshopper throughout the world and universe. I further understand and agree that Happy Grasshopper may edit and/or modify my submission as it deems appropriate. I agree that I will make no monetary or other claim against Happy Grasshopper, its parent, subsidiaries or affiliates, members, officers, agents and representatives, for the use of, or in relation to, the use of the Testimonial and/or Photo. In addition, I hereby waive any right to inspect or approve the finished product, including, but not limited to, written copy, wherein my photo appears.
I understand and agree that I shall have neither the right to inspect or approve any finished product that includes the Testimonial and/or Photo nor any right to inspect or approve any modified or edited Testimonial and/or Photo.
I hereby understand and acknowledge that once released by Happy Grasshopper my image may be used by a third party and that Happy Grasshopper will have no control over such use by such third party.
I hereby hold harmless and release Happy Grasshopper, its parent, subsidiaries, affiliates, members, officers, agents and representatives, from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I hereby certify and confirm that I am at least 18 years of age and the Testimonial was written by me and the Photo submitted, if applicable, is of me and that no other party holds any intellectual property right in such materials and I hereby agree to hold Happy Grasshopper harmless in the event such a claim is brought by a third party(ies). I understand that in the event I am under the age of 18, I shall not submit any Testimonial or Photo as is described hereinabove.
I freely consent to use of my Testimonial and/or Photo by Happy Grasshopper.
You may terminate your account at any time by calling Happy Grasshopper Customer Support.[Isn’t there a link on the site that allows you to cancel via email as well?] YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND HAPPY GRASSHOPPER IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT .
Happy Grasshopper may terminate this Agreement or the Product, disable your account, or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Happy Grasshopper shall have no liability to you or any third party because of such termination or action.
HappyGrasshopper.com may delete any of your archived data within 30 days after the date of termination. After termination, you agree to maintain the ability to process all unsubscribe requests for a period of at least 30 days from your last email campaign and you agree to honor any such opt-out request within 10 days of your receipt of such request.. Happy Grasshopper will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers, and limitations of liability.
If your account is classified (at Happy Grasshopper’s sole discretion) as inactive for over 120 days, Happy Grasshopper has the right to permanently delete your subscriber data. Happy Grasshopper will use good faith efforts to contact you via email prior to taking any permanent removal actions.
You hereby agree to defend, indemnify, and hold harmless Happy Grasshopper, and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors, and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages distributed or (iii) otherwise arises from or relates to your use of the Product. In addition, you acknowledge and agree that Happy Grasshopper has the right to seek damages when you use the Product for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and/or consequential damages. In addition, in the event that Happy Grasshopper is required to respond to a third party or law enforcement subpoena that is related to your use of the Product, Happy Grasshopper may in its sole discretion require you to reimburse Happy Grasshopper for its reasonable expenses associated with complying with such subpoena.
9. Warranty Disclaimer; Remedies
USE OF THE PRODUCT AND ANY RELIANCE BY YOU UPON THE PRODUCT, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HAPPY GRASSHOPPER DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT IS PROVIDED "AS IS" AND HAPPY GRASSHOPPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Product shall be for Happy Grasshopper to use commercially reasonable efforts to adjust or repair the Product.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise shall Happy Grasshopper or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors, or agents (collectively referred to for purposes of this section as "Happy Grasshopper") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance, or consequential damages, even if Happy Grasshopper shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that, notwithstanding the foregoing, Happy Grasshopper is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], product liability or otherwise), the maximum aggregate liability of Happy Grasshopper to you arising in connection with this agreement shall be limited to the amount you paid for the product in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Happy Grasshopper to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
11. Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Product is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acted on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Happy Grasshopper within twenty-four (24) hours, and Happy Grasshopper shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Happy Grasshopper.
You agree that you shall not utilize the Product to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Product, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
12. Third-Party Web Sites and Services
This web site may contain links to non-HappyGrasshopper.com web sites and access to certain third-party services which may include, without limitation, social bookmarking services. These links and services are provided to you as a convenience, and Happy Grasshopper is not responsible for the content of any linked web site or use of any third-party service.
13. Monitoring Communications
You understand, agree and acknowledge that Happy Grasshopper may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with Happy Grasshopper for quality control purposes, for purposes of training its employees, and for its own protection. You acknowledge and understand that not all telephone lines or calls are recorded by Happy Grasshopper, and does not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.
14. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site or the Product infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this web site or the Product by contacting Happy Grasshopper’s copyright agent (identified below) and providing the following information:
Happy Grasshopper’ss agent for copyright issues relating to this web site and the products is as follows:
500 Main St. Suite H
Safety Harbor, Fl 34695
Phone: (727) 232-9117
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Agent for Notice pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective, your Counter Notification must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider for the web site may be found.
3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or from the party's agent.
4. Your name, address, and telephone number.
5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
6. Your physical or electronic signature.
You may submit your Counter Notification using our automated form, or send it to our designated Agent for Notice of by fax, mail, or email as set forth below:
500 Main St. Suite H
Safety Harbor, Fl 34695
Phone: (727) 232-9117
In an effort to protect the rights of copyright owners, HappyGrasshopper.com maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
16. Governing Law/Jurisdiction
Alternatively, in the sole discretion of Happy Grasshopper,, a claim or action may be adjudicated in the state or federal courts located in Pinellas County, Florida. Further, you hereby consent to the exclusive jurisdiction of, and venue in, the state or federal courts located in Pinellas County, Florida.
16. Open Positions on Career Pages
Happy Grasshopper may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
17. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Happy Grasshopper will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Happy Grasshopper in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Product. Happy Grasshopper has no knowledge of your organizational structure, if you are registering for the Product as an entity, or your personal relationships, if you are a person. Happy Grasshopper shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information
If you have any questions about the rights and restrictions above, please contact Happy Grasshopper by email at email@example.com
PLEASE NOTE HAPPY GRASSHOPPER IS NOT, NOR HAS IT EVER BEEN, AFFILIATED WITH A WEBSITE REFERRING TO ITSELF AS “HAPPY HIPSHOP.” THE “HAPPY HIPSHOP” SITE IS IMPERMISSIBLY USING THE HAPPY GRASSHOPPER NAME, MARKS AND TRADE DRESS AND IS INTENTIONALLY MISREPRESENTING THAT IT IS AN AFFILIATE OF HAPPY GRASSHOPPER. HAPPY GRASSHOPPER IS AGGRESSIVELY PURSUING THIS MATTER. WE ARE IN CONTACT WITH U.S. FEDERAL AUTHORITIES AND LEGAL COUNSEL AND WILL SEEK TO PROSECUTE ANY AND ALL PARTIES INVOLVED IN THIS DECEPTION AS WELL AS THOSE WHO ARE ASSISTING IN ITS PERPETRATION.
Be advised that http://happygrasshopper.com is the only authorized place to purchase our services.