Welcome to the HappyWrench Terms of Use!

  1. BINDING EFFECT:  This is a binding agreement.  By using the Internet site located at https://www.happywrench.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by HappyWrench, LLC (“Company”) from time to time.  Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.
  2. PRIVACY POLICY:  Company respects your privacy and permits you to control the treatment of your personal information.  A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page.  Company’s privacy policy is expressly incorporated into this Agreement by this reference.
  3. GOVERNING LAW:  These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Palm Beach County, Florida in all disputes arising out of or related to the use of the site.
  4. NO WARRANTIES:  THIS SITE AND ASSOCIATED SERVICES ARE PROVIDED BY HAPPYWRENCH, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HAPPYWRENCH, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY OR SUITABILITY OF INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE OR ITS SERVICES.  TO THE FULLEST EXTENT POSSIBLE PERMISSIBLE BY APPLICABLE LAW, HAPPYWRENCH, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HAPPYWRENCH, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
  5. LIMITED LIABILITY:  COMPANY’S LIABILITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  6. AFFILIATED SITES:  Company has no control over, and no liability for any third party websites or materials.  Company works with a number of partners and affiliates whose Internet sites may be linked with the Site.  Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.  You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  7. INDEMNITY:  You agree to indemnify Company for certain of your acts and omissions.  You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  8. COPYRIGHT:  All contents of Site or Service are: Copyright © 2017 Christopher Pumo and 2017 HappyWrench, LLC, Delray Beach, California 33446. All rights reserved.
  9. SEVERABILITY; WAIVER:  If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  10. NO LICENSE:  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
  11. UNITED STATES USE ONLY:  The Site is controlled and operated by Company from its offices in the State of Florida.  The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only.  Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.  Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
  12. AMENDMENTS:  Company reserves the right to amend these Terms.  Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall clearly publish the revised terms on the Site.  You may contact us to discuss and contact information so you may discuss the proposed changes with us.  Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website.  All amendments to the Terms shall be forward looking.

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