This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you, an individual user (“you”) and Happy Labs Inc. (“Happy Labs”, “us” or “we”) governing your use of the Happy Labs mobile application (the “App”) and affiliated website (the “Website”) (the App and the Website are, collectively, the “Service”).  BY INSTALLING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA.  IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE. 

To have a copy of the EULA and the Happy Labs Privacy Policy (the “Privacy Policy”) sent to you, contact Happy Labs at info@happyanyhour.com.

  1. Summary of Material Terms.  As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:

  1. the App is licensed, not sold to you, and that you may use the App only as set forth in the EULA;

  2. the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

  3. you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy including with respect to the collection of location information;

  4. the App is provided “as is” without warranties of any kind and Happy Labs’ liability to you is limited;

  5. disputes arising hereunder will be resolved by binding arbitration.  By accepting the EULA, as provided in greater detail in Section 22 of the EULA, you and Happy Labs are each waiving the right to a trial by jury or to participate in a class action; and

  6. if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” provided at the end of the EULA.

  1. General.

  1. Description.  The Service is offered by Happy Labs to enable its users to find and take advantage of dynamic happy hours at local bars and restaurants (collectively, “Vendors”).  You acknowledge and agree that any and all transactions between you and a Vendor for food or beverages take place directly between you and Vendor.  Once you find a happy hour, you can take advantage of the happy hour special by showing the Vendor the App and initiating a countdown on the App (a “Countdown”).  Happy Labs has developed the Service for your benefit, and we hope you will take full advantage of all it has to offer.  If you want to take full advantage of the Service, then you will need to create an account with the Service (an “Account”).

  2. Eligibility.  If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to this EULA; and (iii) agree to be bound by this EULA on behalf of that Organization.  THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY HAPPY LABS.  In order to use the Service, you must be at least 13 years old and of the legal drinking age in the jurisdiction from where you will access the Service.

  3. Acceptance of Privacy Policy.  Your use of the Service is subject to the Privacy Policy, which is available at http://www.happyanyhour.com/privacy-policy and is hereby incorporated by reference into the EULA.  By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

  4. Third Party Fees.  Your use of the Service may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.  You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service.

  5. Service Security.  You are prohibited from violating, or attempting to violate, the security of the Service.  Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at Happy Labs’ sole discretion.  Happy Labs reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.

  6. Changes to the EULA.  The Service is owned and operated by Happy Labs.  Happy Labs reserves the right to make immaterial revisions to the EULA in its sole discretion at any time and without prior notice to you other than by posting the revised EULA within the App and on the Website.  Happy Labs will endeavor to provide prior notice to you of any material changes to the EULA.  Revisions to the EULA are effective upon posting.  The EULA will be identified as of the most recent date of revision.  Your continued use of the Service after a revised version of the EULA has been posted by Happy Labs constitutes your binding acceptance of such revised EULA.  Notwithstanding the preceding sentences of this Section 2.f, no revisions to the EULA will apply to any dispute between you and Happy Labs that arose prior to the effective date of such revision.

  7. Evolving Nature of Service.  We are a small company and the Service is continually evolving.  We may make changes to the Service at any time.  If you don’t like the Service, think we can do things better or in any way disagree with the EULA, then we hope you will let us know and give us constructive feedback.  Please feel free to e-mail us at any time at info@happyanyhour.com.

  1. Consideration.  You understand and agree that the EULA is entered into in consideration of your use of the Service and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.  

  2. Scope of License to Users.

  1. License Grant to You.  The Service is licensed, not sold, to you for use only under the terms of the EULA.  Subject to your complete and ongoing compliance with the terms and conditions of the EULA, Happy Labs hereby grants you a personal, limited, revocable, non-transferable license to (i) use the App on compatible, authorized devices that you own or control and (ii) access and use the Website, in both instances solely for your own use.  

  2. License Limitations.  You may not modify, alter, reproduce, or distribute the App.  You may not rent, lease, lend, sell, redistribute or sublicense the Service in any way.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service.  If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and loss of access to the Service.  

  3. Applicability to Updates.  The terms of the EULA will govern any updates provided to you by Happy Labs that replace and/or supplement the App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.

  1. Registration and Eligibility.

  1. Log-In Credentials.  You may browse happy hours on the Service for free, but in order to take advantage of a special and initiate a Countdown, you must create an Account on the App by providing us with your email address and creating a password.  You may also register on the Website using your email address and zip code, but you will have to create a password through the App in order to initiate a Countdown.  You may also create an Account by logging in with your social media website credentials.  You are responsible for maintaining the security of your Account, and are fully responsible for all activities that occur through the use of your credentials by you or anyone authorized by you.  You agree to notify Happy Labs immediately at security@happyanyhour.com if you suspect or know of any unauthorized use of your log in credentials or any other breach of security with respect to your Account.  Happy Labs will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Happy Labs of such unauthorized use or loss of your credentials.  Separate log in credentials may be required by the owners and/or operators of Third Party Services to access such Third Party Services.  You understand that your first name, last name, and profile picture will be available to users on the Service.

  2. Accuracy of Information; Rejection of User Names.  In creating an Account, you agree to provide true, accurate, current, and complete information as requested in any registration forms required by Happy Labs.  You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate.  We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of the EULA, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity.  If messages sent to an e-mail address provided by you are returned as undeliverable, then Happy Labs reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.  

  1. Content You Submit; License Grants From You.

  1. User Content.  This Section 6 governs any material that users upload, post or transmit (collectively, “Post”) to or through the Service or to us through e-mail, text message, or via any other means permitted by Happy Labs, including, by way of example and not limitation, photographs and any other work subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, “User Content”).  You are solely responsible for securing the rights to any and all User Content you Post to or through the Service, including obtaining the permission to use the image and likeness of any identifiable person included in a photograph Posted by you.  

  2. License Grants to Happy Labs.  

  1. By Posting User Content to the Service, and in consideration of the opportunity to use the Service, you hereby grant to Happy Labs (and Happy Labs’ assignees, designees, successors, licensees, and sub-licensees), for the sole purpose of transmitting, publicly displaying or distributing your User Content to other users of the Service an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid up license throughout the world and during the term of the EULA to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Content you upload to or through the Service through any media and formats now known or hereafter developed.

  2. License for Name, Image, Voice, and Likeness.  You further grant Happy Labs a royalty-free license to Use your name, image, voice, and likeness (and that of any person identifiable in any User Content Posted by you to the Service) made available by or on your behalf through the Service in conjunction with the rights you grant in Section 6.b.i above.  The foregoing license in the immediately preceding sentence will survive the termination of your Account with respect to any of your User Content Posted to the Service prior to such termination.  

  3. Limited Waiver of Rights.  By Posting User Content to or through the Service you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof.  To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to the Service, during the term of the EULA.  You expressly release Happy Labs and all of Happy Labs’ agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in the EULA.  

  1. Representations and Warranties With Respect to Your User Content.  Except for materials provided to you by Happy Labs through the Service, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of all of your User Content that you Post to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to Happy Labs the rights in your User Content as contemplated under the EULA, and (ii) neither the User Content you Post to the Service nor your creation of, accessing, or Posting of your User Content or Happy Labs’ Use of your User Content (or any portion thereof) as permitted in the EULA will (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Happy Labs to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

  2.  Prohibition on Uploading Objectionable Content.  You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred (collectively, “Objectionable Content”), as determined by Happy Labs in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.  

  1. Inviting Friends. Happy Labs may offer you the ability to invite your friends to use the Service by sending them an email.  You represent and warrant you will only send emails through the Service to people you know, and you hereby agree to indemnify and hold Happy Labs harmless from any and all claims arising out of your sending emails to any person.  

  2. Subscriptions.  Happy Labs may offer monthly subscriptions for the use of the Service (a “Subscription”).  Any fees associated with Subscriptions (the “Fee”) will be set forth on the Service.  If you sign up for a Subscription, you authorize Happy Labs to charge your credit card every month on the day of the month corresponding to the day of the month you signed up for a Subscription (such period is the “Subscription Period”), or if no such day exists (e.g., you signed up on the 31st of a month that precedes a month with 30 days), the last day of the month.  Subscriptions renew automatically, but you may cancel your Subscription at any time by emailing cancel@happyanyhour.com.  Any cancellations will be effective at the end of the Subscription Period in which you provide notice of cancellation.

  3. Third Party Materials; Happy Labs Content.  

  1. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from Happy Labs (collectively, “Happy Labs Content” and, together with Third Party Materials, but excluding your User Content, “Service Content”), that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material.  Nevertheless, you agree to use the Service at your sole risk and that Happy Labs will have no liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.  You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.

  2. You agree and understand that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information or materials except for permitted use of the Service.  No portion of the Service may be reproduced by you in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever (e.g., hack the Service), including but not limited to, by trespass or burdening network capacity.  You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Happy Labs is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal or other harmful messages or transmissions that you may receive as a result of using the Service.          

  3. In addition, Third Party Materials and Service Content that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries.  Happy Labs makes no representation that the Service, any Third Party Materials, and Service Content are appropriate or available for use in any particular location.  To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.  Happy Labs and its licensors reserve the right to change, suspend, remove, or disable access to the Service at any time without notice.  In no event will Happy Labs be liable for the removal or disabling of access to all or any portion of the Service at any time.  Happy Labs may also impose limits on the use of or access to all or any portion of the Service at any time, in any case and without notice or liability.  You are solely responsible for maintaining back-up copies of any User Content you upload to the Service.  Although we may attempt to notify users prior to the disabling of access to all or any portion of the Service, we are not obligated to provide such notice and you should not rely upon the continued availability of the Service for any User Content.

  1. Third Party Websites, Applications and Services.

  1. The Application may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, “Third Party Services”).  

  2. No Control Over Third Party Services.  Happy Labs does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation or use.  By linking or otherwise displaying information from or providing access to any Third Party Services, Happy Labs does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Services.  

  3. Terms of Third Party Services.  Third Party Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Happy Labs with respect to the Service.  You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk.  You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.  

  4. Disclaimer of Liability for Third Party Services.  You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services.  Happy Labs disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Happy Labs with respect to the content or operation of any Third Party Services.

  1. Your Use of the Service and Service Content.  Your right to use the Service is expressly conditioned on the following:

  1. You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.

  2. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Happy Labs’ prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Happy Labs’ express written consent:

  1. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and

  2. using any trademarks, service marks, design marks, logos, photographs or other content belonging to Happy Labs or obtained from the Service.

  1. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.

  2. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Happy Labs.

  3. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Happy Labs makes available the means for embedding any part of the Service or Service Content.

  4. You agree not to access, tamper with, or use non-public areas of the Service, Happy Labs’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Happy Labs’ providers.

  5. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Happy Labs employees and other users.

  6. You agree not to provide any false personal information to Happy Labs or any other user, or create a false identify or impersonate another person or entity in any way.

  7. You agree not to create a new account with Happy Labs, without Happy Labs’ express written consent, if Happy Labs has previously disabled an Account of yours.

  8. You agree not to solicit, or attempt to solicit, personal information from other users.

  9. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.

  10. You agree not to use the Service, without Happy Labs’ express written consent, to communicate or facilitate any commercial advertisement, solicitation, promotion or product endorsement.

  11. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.

  12. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.

  13. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.

  14. You agree not to violate any applicable federal, state or local laws or regulations or the EULA.

  15. You agree not to use the Service to build a competitive product or service.

  16. You agree not to assist or permit any persons in engaging in any of the activities described above.

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.  

  1. Third Party Software.  The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”).  Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of the EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in the EULA is intended to impose further restrictions on your use of the Third Party Software.

  2. Consent to Use of Data.  You agree that Happy Labs may collect and use technical data and related information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.  Please see the Privacy Policy for more details regarding the information Happy Labs collects, and how it uses and discloses that information.

  3. Ownership.  The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of Happy Labs and its licensors.  Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.  

  4. Feedback.  While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community.  If you choose to contribute by sending Happy Labs or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your communication may say, the following terms will apply, so that future misunderstandings can be avoided.  Accordingly, by sending Feedback to Happy Labs, you agree that:  

  1. Happy Labs has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

  2. Feedback is provided on a non-confidential basis, and Happy Labs is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

  3. You irrevocably grant Happy Labs and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including, by way of example and not limitation, by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

  1. Termination.

  1. Term.  The EULA, as amended, will be effective commencing with your first use or registration of the Service and will remain in full force and effect throughout your use of the Service, until such time as you terminate your account or your account is terminated by Happy Labs, subject to the Survival provision of the EULA.

  2. Termination by Happy Labs.  Happy Labs may terminate your use of the Service or any features or functionalities of the Service at any time and for any reason, with or without notice, for conduct violating the EULA or upon Happy Labs’ sole determination.  You hereby agree to Happy Labs’ broad right of termination.  You agree that if your use of the Service is terminated pursuant to the EULA, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor.  Upon Happy Labs’ termination of your use of the Service, Happy Labs may delete any of your User Content available on or through the Service and terminate your access to your User Content if those materials remain on the Service, without any liability to you.

  3. Termination by You.  You are free to terminate your use of the Service at any time; you can simply choose to stop visiting or using any aspect of the Service.  If you wish to terminate your Account, then you may do so by sending an e-mail to cancel@happyanyhour.com or using any other Account termination functionality that may be offered through the Service.  If you terminate your Account, then all of your User Content will be made inaccessible via the Service although copies of your User Content may remain stored on back-up storage media maintained by Happy Labs.  If you stop using the Service but your User Content remains on the Service, then the EULA will continue to apply in full force and effect for so long as such User Content is available on or through the Service.  If you have terminated your Account and wish for your User Content to be permanently deleted, please email us at cancel@happyanyhour.com.

  1. Indemnity.  You agree to indemnify and hold Happy Labs, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Service Content, or (b) your violation of the EULA.  Happy Labs will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Happy Labs is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding Happy Labs’ inability to contact you in a timely manner.  You agree that Happy Labs will, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Happy Labs pursuant to this Section 17; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.  

  2. No Warranty.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL SERVICE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HAPPY LABS HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY SERVICE CONTENT OFFERED BY HAPPY LABS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  HAPPY LABS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HAPPY LABS OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE EULA.  SHOULD ALL OR ANY PORTION OF THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.  

  3. Limitation of Liability.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL HAPPY LABS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HAPPY LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT WILL HAPPY LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED $100.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

  4. Third Party Disputes.  HAPPY LABS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE HAPPY LABS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  

  5. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.

  1. Respect of Third Party Rights.  Happy Labs respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same.  Infringing activity will not be tolerated on or through the Service.

  2. Repeat Infringer Policy.  Happy Labs’ intellectual property policy is to (i) remove or disable access to material that Happy Labs believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any User Content uploaded to the Service by “repeat infringers.”  Happy Labs considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom Happy Labs has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback.  Happy Labs has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon Happy Labs’ own determination.  

  3. Procedure for Reporting Claimed Infringement.  If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below.  Your Notification of Claimed Infringement may be shared by Happy Labs with the user alleged to have infringed a right you own or control, and you hereby consent to Happy Labs making such disclosure.  Your communication must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

  2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

  3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Happy Labs to locate the material;

  4. Information reasonably sufficient to permit Happy Labs to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

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

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.  

  1. Designated Agent Contact Information.  Happy Labs’ designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:

Via E-mail:          agent@happyanyhour.com

Via U.S. Mail:         1145 Dean St, Apt 9

        Brooklyn, NY 11216

  1. Counter Notification.  If you receive a notification from Happy Labs that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Happy Labs with what is called a “Counter Notification.”  To be effective, a Counter Notification must be in writing, provided to Happy Labs’ Designated Agent through one of the methods identified in Section 21.d and include substantially the following information:

  1. A physical or electronic signature of the subscriber;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Happy Labs may be found, and that the subscriber will accept service of process from the person who provided notification under Section 21.c above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

  1. Reposting of Content Subject to a Counter Notification.  If you submit a Counter Notification to Happy Labs in response to a Notification of Claimed Infringement, Happy Labs will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Happy Labs will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Happy Labs will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Happy Labs’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Happy Labs’ system or network.

  2. False Notifications of Claimed Infringement or Counter Notifications.  The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Happy Labs] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f).

Happy Labs reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

  1. Dispute Resolution.

  1. Mandatory Arbitration.   Please read this carefully.  It affects your rights.  YOU AND HAPPY LABS AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Please visit www.adr.org for more information about arbitration.

  1. Commencing Arbitration.  A party who intends to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Happy Labs, to you via any other method available to Happy Labs, including via e-mail.  The Notice to Happy Labs should be addressed to Happy Labs Inc., 1145 Dean St, Apt 9, Brooklyn, NY 11216, Attn: Chief Executive Officer (the “Arbitration Notice Address”).  The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”).  If you and Happy Labs do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Happy Labs may commence an arbitration proceeding as set forth below or file a claim in small claims court.  THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT.  The Rules and AAA forms are available online at http://www.adr.org.  If you are required to pay a filing fee to commence an arbitration against Happy Labs, then Happy Labs will promptly reimburse you for your confirmed payment of the filing fee upon Happy Labs’ receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

  2. Arbitration Proceeding.  The arbitration will be conducted in the English language.  A single independent and impartial arbitrator with his or her primary place of business in New York, New York will be appointed pursuant to the Rules, as modified herein.  You and Happy Labs agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) arbitration will only be conducted if the damages sought exceed $75,000; (B) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (C) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (D) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  

  3. No Class Actions.  YOU AND HAPPY LABS AGREE THAT YOU AND HAPPY LABS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.  

  4. Decision of the Arbitrator.  Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed.  The arbitrator may extend this time limit for an additional 30 days in the interests of justice.  All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.  The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.  The arbitrator will apply the laws of the State of New York in conducting the arbitration.  You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce.  The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.  

  1. Equitable Relief.  The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents.  You acknowledge that, in the event of a breach of the EULA by Happy Labs or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Happy Labs, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in the EULA.

  2. Claims.  You and Happy Labs agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to the EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

  3. Improperly Filed Claims.  All claims you bring against Happy Labs must be resolved in accordance with this Dispute Resolution section.  All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed.  Should you file a claim contrary to this Dispute Resolution section, Happy Labs may recover attorneys’ fees and costs up to $5,000, provided that Happy Labs has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

  4. Modifications.  In the event that Happy Labs makes any future change to the Mandatory Arbitration provision (other than a change to Happy Labs’ Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Happy Labs’ Arbitration Notice Address, in which case your account with Happy Labs and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of the EULA.

  5. Enforceability.  If only Section 22.a.iii or the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to the EULA.        

  1. Governing Law; Choice of Forum.  The laws of the State of New York, excluding its conflicts of law rules, govern the EULA and your use of the App.  Your use of the Service may also be subject to other local, state, national, or international laws.  To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

  2. Miscellaneous. 

  1. Entire Agreement.  The EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Happy Labs regarding your use of and access to the Service, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Happy Labs with respect to your use of the Service.  You acknowledge that no statements, representations, warranties or covenants have been made to you or upon which you have relied that are not set forth in the EULA.  

  2. Amendment.  Except as expressly provided in the EULA, the EULA may be amended only by a written agreement signed by the party against whom such change is to be enforced.

  3. Waiver.  A provision of the EULA may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  No failure or delay on the part of Happy Labs in the exercise of any power or right under the EULA will operate as a waiver thereof.  No single or partial exercise of any right or power under the EULA will operate as a waiver of such right or of any other right or power.  The waiver by Happy Labs of a breach of any provision of the EULA will not operate or be construed as a waiver of any other or subsequent breach of the EULA.

  4. Severability.  Except as expressly provided for in Section 22.f, if any provision of the EULA is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the remainder of the EULA and will not affect the validity and enforceability of any remaining provisions.

  5. Assignment.  You may not assign the EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Happy Labs.  This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition.  Happy Labs may assign the EULA, including all its rights hereunder, without restriction.

  6. No Agency.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Happy Labs as a result of the EULA or use of the Service.  You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Happy Labs other than pursuant to the EULA

  7. Survival.  The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Sections 2 (General), 6 (Content You Submit; License Grants from You), 9 (Third Party Materials; Happy Labs Content), 10 (Third Party Websites, Applications and Services), 11 (Your Use of the Service and Service Content), 12 (Third Party Software), 13 (Consent to Use of Data), 14 (Ownership), 15 (Feedback), 16 (Termination), 17 (Indemnity), 18 (No Warranty), 19 (Limitation of Liability), 20 (Third Party Disputes), 21 (Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements), 22 (Dispute Resolution), 23 (Governing Law; Choice of Forum), and 24 (Miscellaneous).  

  8. Consent to Electronic Communications.  By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy.  Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  9. Headings. The heading references in the EULA are for convenience purposes only, do not constitute a part of the EULA, and will not be deemed to limit or affect any of the provisions thereof.

  10. Contacting Happy Labs.  You can contact Happy Labs Inc. by e-mail at info@happyanyhour.com, or by post at 1145 Dean St, Apt 9, Brooklyn, NY 11216.

NOTICE REGARDING APPLE.  You acknowledge that the EULA is between you and Happy Labs only, not with Apple, and Apple is not responsible for the App or the content thereof.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:  (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.  You agree to comply with any applicable third party terms, when using the App.  Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and upon your acceptance of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary of the EULA.  You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S.  Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.   If Happy Labs provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version shall prevail.

In addition to Happy Labs’ copyrights, this product contains software components subject to the following third party copyrights and license terms:

Apache Cordova and phonegap-facebook-pluginare licensed under the terms of the Apache license:

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

  1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
  2. You must cause any modified files to carry prominent notices stating that You changed the files; and
  3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
  4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

AngularJS (Copyright (c) 2010-2014 Google, Inc. http://angularjs.org), jQuery UI - v1.11.1 - 2014-08-13 (Copyright 2014 jQuery Foundation and other contributors), jQuery v1.11.1 ((c) 2005, 2014 jQuery Foundation, Inc.), Google Analytics Plugin (Copyright (c) 2013 danwilson), PushPlugin(Copyright 2012 Bob Easterday, Adobe Systems), SocialSharing-PhoneGap-Plugin, Drifty Ionic Framework (Copyright 2014 Drifty Co. http://drifty.com) are licensed under the terms of the MIT License:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Leaflet Maps is licensed under the terms of the following license:

Copyright (c) 2010-2014, Vladimir Agafonkin

Copyright (c) 2010-2011, CloudMade

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

   1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

   2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

MomentJS is distributed under the terms of the following license

Copyright (c) 2011-2014 Tim Wood, Iskren Chernev, Moment.js contributors

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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