Terms and Conditions


PLEASE READ THESE TERMS, BY USING HAPPYGRASSHOPPER.COM YOU AGREE TO THE TERMS.  THEY MIGHT HAVE CHANGED SINCE YOUR LAST VISIT.

Updated 11/18/2011

HappyGrasshopper.com is an automated email marketing service service offered by Happy Grasshopper, LLC. HappyGrasshopper.com provides businesses and entrepreneurs with a system to automatically keep in touch with their contacts.

The HappyGrasshopper.com Service may not be used for the sending of unsolicited email (spam). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.

1. Copyright and Trademark Information

Copyright © 2011 Happy Grasshopper, LLC. All Rights Reserved.

This web site and the information which it contains is the property of HappyGrasshopper.com and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.

2. Representations 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 HappyGrasshopper.com'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 HappyGrasshopper.com's standard rates will apply. HappyGrasshopper.com 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 HappyGrasshopper.com's Fee Schedule and billing procedures is prohibited.

3.6 Payment; State and Local Sales Tax. Payment for Products will be made by a valid credit card accepted by HappyGrasshopper.com. 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 HappyGrasshopper.com 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 HappyGrasshopper.com is for any reason unable to affect automatic payment via your credit card, HappyGrasshopper.com will attempt to notify you via email and your HappyGrasshopper.com 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 spam or unsolicited email addresses. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, HappyGrasshopper.com cannot 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. HappyGrasshopper.com, 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. HappyGrasshopper.com will terminate your use of its Product if HappyGrasshopper.com 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 you are an authorized reseller of the Product, 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 HappyGrasshopper.com in connection with the Product. Violation of these restrictions may result in the termination of this Agreement.

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 HappyGrasshopper.com perform such work at its standard professional services rates. HappyGrasshopper.com 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.

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 and trademark infringement 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 HappyGrasshopper.com. HappyGrasshopper.com 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 HappyGrasshopper.com, HappyGrasshopper.com may share your information with the marketing partner and the marketing partner may share related information with HappyGrasshopper.com. Except as described above. HappyGrasshopper.com 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 HappyGrasshopper.com account was terminated due to unsolicited commercial email being sent from your HappyGrasshopper.com account. HappyGrasshopper.com will never sell or rent your contact lists to anyone without your permission and will never utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. HappyGrasshopper.com acknowledges your ownership right in your contact lists. In the event HappyGrasshopper.com amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

7. Termination

You may terminate this Agreement at any time by calling HappyGrasshopper.com Customer Support. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND HAPPYGRASSHOPPER.COM IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

HappyGrasshopper.com 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. HappyGrasshopper.com 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 shall process all unsubscribe requests within 30 days of your last email campaign. HappyGrasshopper.com 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 HappyGrasshopper.com's sole discretion) as inactive for over 120 days, HappyGrasshopper.com has the right to permanently delete your subscriber data. HappyGrasshopper.com will use good faith efforts to contact you via email prior to taking any permanent removal actions.

8. Indemnification

You hereby agree to defend, indemnify, and hold harmless HappyGrasshopper.com, HappyGrasshopper.com, 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 HappyGrasshopper.com 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 HappyGrasshopper.com is required to respond to a third party or law enforcement subpoena that is related to your use of the Product, HappyGrasshopper.com may in its sole discretion require you to reimburse HappyGrasshopper.com 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. HAPPYGRASSHOPPER.COM 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 HAPPYGRASSHOPPER.COM 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 HappyGrasshopper.com 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 HappyGrasshopper.com 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 "HappyGrasshopper.com") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance, or consequential damages, even if HappyGrasshopper.com 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, HappyGrasshopper.com 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 HappyGrasshopper.com 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 HappyGrasshopper.com 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 HappyGrasshopper.com within twenty-four (24) hours, and HappyGrasshopper.com 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 HappyGrasshopper.com.

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 HappyGrasshopper.com is not responsible for the content of any linked web site or use of any third-service service.

13.  Monitoring Communications

You understand, agree and acknowledge that HappyGrasshopper.com may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with HappyGrasshopper.com 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 HappyGrasshopper.com, 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 HappyGrasshopper.com's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number, and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate and indicating that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

HappyGrasshopper.com's agent for copyright issues relating to this web site and the products is as follows:

Celeste Nelson
Compliance Manager
HappyGrasshopper.com
500 Main St. Suite H
Safety Harbor, Fl 34695

Phone: (727) 232-9117

Email: celeste@happygrasshopper.com

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. Open Positions on Career Pages

HappyGrasshopper.com 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. HappyGrasshopper.com 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 HappyGrasshopper.com in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Product. HappyGrasshopper.com 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. HappyGrasshopper.com 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

Additional Information

If you have any questions about the rights and restrictions above, please contact Happy Grasshopper, LLC and HappyGrasshopper.com by email at info@happygrasshopper.com

Copyright © 2011, Happy Grasshopper, LLC. All Rights Reserved.