Terms and Conditions
Updated April 28, 2022
Happy Grasshopper LLC (“Happy Grasshopper,” “we,” “us,” or “our”) provides a platform and tools to enable clients (“Customers,” “Users,” or “You”) to organize, manage, and interact with their contacts via our Services ("Services," "Product," or "Platform").
These Terms and Conditions (Terms), together with our Acceptable Use and Spam Policies (linked below) governs your access to and use of the Services, which includes without limitation any messaging or communications made through the Services. We reserve the right to amend, alter, or modify your conduct requirements as set forth in these Terms at any time. You must review and comply with these Terms. These Terms may be updated from time to time, effective upon posting a revised copy to the Happy Grasshopper website at happygrasshopper.com. Customer’s use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
The Happy Grasshopper service may not be used for the sending of unsolicited messaging (spam). See our Acceptable Use Policy and Spam Policy, which are incorporated into these Terms of Service by reference.
Copyright © 2011 - 2023 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 Messaging 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
To use the Services, you must be 18 years of age or older, capable of forming a binding contract with Happy Grasshopper, and not otherwise barred from using the Services under Applicable Laws. If you do not meet the requirements set forth in this Section, you may not use the Services. If you access or use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that by accepting these Terms, you are doing so on behalf of that entity.
You acknowledge the Product will be subject to monthly subscription fees once you have completed your free trial period or you have exceeded the free subscriber or contact limit.
You represent and warrant the Product shall not be used for the sending of unsolicited messaging (sometimes called “spam”).
You represent and warrant the Product will only be used for lawful purposes.
You represent and warrant you will not access or otherwise use third party mailing lists or prepare or distribute unsolicited email in connection with the Product.
You acknowledge and agree that not all messages sent through use of the Product will be received by their intended recipients.
You represent and warrant the “from” line of any message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product, or your service.
You represent and warrant you shall include in any email message sent by you using the Product your valid physical address or a valid post office box meeting the registration requirements established by the United States Postal Service.
In your use of the Product, you represent and warrant you or your organization shall be accurately represented and will not impersonate any other person or entity, whether actual or fictitious.
You represent and warrant that you will not interfere with or disrupt this web site or any related Happy Grasshopper web sites or servers or networks connected to this web site or any related Happy Grasshopper web sites.
If you are accessing or using the Product through a Third Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in this Agreement. Further, you represent and warrant that any such Third Party Service Agreement does not prohibit you from agreeing to these Terms of Service.
3.1 Fees for the Messaging Product.
You will be subject to monthly subscription fees in accordance with the fee schedule agreed to at the time your service was activated, and in accordance with any overage charges that may accrue.
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.
3.3 PaymentS. You must pay Happy Grasshopper as per agreement of your individual account in the terms established at sign up. Monthly service will be paid in advance for each month in which you want to use Happy Grasshopper services.
All fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use, excise and other taxes that may be levied upon either party in connection with this Agreement or on activities related to Happy Grasshopper services, other than taxes imposed on Happy Grasshopper's income.
All fees are non-refundable; you acknowledge and agree that you will not be entitled to receive any refund and/or credit in connection with any prepaid fees. You may cancel at any time but fees will not be refunded or prorated.
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 or our authorized billing provider. If Happy Grasshopper is for any reason unable to affect automatic payment via your credit card, Happy Grasshopper may terminate your access to the Services (including access by your users) without liability or notice to you. Please note that prices and charges are subject to change without notice.
3.6 Subscription auto-renewal
Where Happy Grasshopper makes the Services available on a subscription basis, your payment card or other digital payment method will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL, (B) HAPPY GRASSHOPPER (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR HAPPY GRASSHOPPER SUSPENDS OR STOPS PROVIDING ACCESS TO THE SERVICES OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY WITHIN YOUR ACCOUNT INTERFACE IN THE SERVICES. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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.
5.1 Permission Practices.
You may not use the Happy Grasshopper Services without agreeing to these Terms. Thus, you agree not to use, and not to encourage or allow any End User to use, the Happy Grasshopper Services in the following prohibited ways:
Using the Happy Grasshopper Services to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Happy Grasshopper.
Attempting to bypass or break any security mechanism on any of the Happy Grasshopper Services or using the Happy Grasshopper Services in any other manner that poses a material security or service risk to Happy Grasshopper or any of its other customers.
Reverse-engineering the Happy Grasshopper Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Happy Grasshopper Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Happy Grasshopper Services.
Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
Using the Happy Grasshopper Services in any manner that causes a telecommunications provider to complain about your use to Happy Grasshopper or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Happy Grasshopper to you.
Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the Happy Grasshopper Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
Using the Happy Grasshopper Services in a manner that violates the Happy Grasshopper Messaging Policy.
Using the Happy Grasshopper Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
Using the Happy Grasshopper Services to engage in, or in connection with fraudulent activity.
Using the Happy Grasshopper Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Happy Grasshopper or your use of the Happy Grasshopper Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
Using the Happy Grasshopper Services in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of the Happy Grasshopper Services to you and/or your phone numbers.
Using the Happy Grasshopper Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
Using the Happy Grasshopper Services to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Happy Grasshopper reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
Using the Happy Grasshopper Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
You cannot mail to distribution lists, newsgroups, publicly available press or media addresses or engage in any spamming activities of any kind via the Product. As a matter of privacy, in the event messages that you send through the Product generate spam complaints from recipients, Happy Grasshopper will 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 t o 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/or Canada’s Anti-Spam Legislation 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/Video 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 herein above.
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 or sending an email to [email protected]. 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.
8. Indemnification; Carrier fines
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.
8.1 Carrier fines
Notwithstanding anything to the contrary in these Terms, you agree that if Happy Grasshopper is fined by a carrier or regulatory body as a result of your failure to comply with these Terms, Happy Grasshopper may charge you for, and you will pay, the amount of such fine.
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:
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.
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.
Your name, address, telephone number, and (if available) email address.
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.
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.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Happy Grasshopper’s agent for copyright issues relating to this web site and the products is as follows:
7853 Gunn Highway #256
Tampa, FL 33626-1611
Phone: (727) 232-9117
Email: [email protected]
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:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
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.
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.
Your name, address, and telephone number.
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.
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:
7853 Gunn Highway #256
Tampa, FL 33626-1611
Phone: (727) 232-9117
Email: [email protected]
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; NO CLASS ACTIONS
16.1 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 Hillsborough County, Florida. Further, you hereby consent to the exclusive jurisdiction of, and venue in, the state or federal courts located in Hillsborough County, Florida.
16.2 No Class Actions. YOU AND HAPPY GRASSHOPPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Happy Grasshopper agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17. 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.
18. 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 protected]
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 our Happy Grasshopper website is the only authorized place to purchase our services.