Effective Date: August 1, 2024

Welcome to www.shophappiesthour.com (the "Site"), operated by Happiest Hour Socks LLC ("we," "us," or "our"). By accessing or using our Site, you agree to comply with and be bound by the following Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

a. Eligibility

You must be at least 16 years old or the legal age of majority in your jurisdiction to use this Site. By using this Site, you represent and warrant that you meet these eligibility requirements.

b. Acceptable Use

You agree not to use the Site for any unlawful purpose or in any way that could harm, disrupt, or impair the Site or interfere with anyone else’s use and enjoyment of the Site. Specifically, you agree not to:

• Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks.
• Attempt to gain unauthorized access to any part of the Site, other accounts, or computer systems connected to the Site.
• Upload, post, or otherwise transmit any material that contains software viruses or other harmful computer code.
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose.
• Engage in any activity that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

c. Termination of Use

We reserve the right, in our sole discretion, to terminate or restrict your access to the Site, without notice, for any or no reason, and without liability to you.

2. Products and Purchases

a. Product Descriptions

We strive to provide accurate descriptions of our products on the Site. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, please reach out to us at hello@shophappiesthour.com and we will resolve any issues you have.

b. Pricing and Availability

All prices are listed in U.S. dollars. We reserve the right to change prices at any time without notice. Prices for products displayed on the Site do not include taxes, shipping, or handling charges, unless otherwise specified. We make every effort to display accurate inventory availability, but we do not guarantee that any product will be in stock or that fulfillment will not be delayed.

c. Payment

By placing an order, you represent and warrant that you have the legal right to use any credit card or other payment method you provide. We reserve the right to refuse or cancel any order for any reason, including if we suspect fraudulent activity or if the product is unavailable. If your order is canceled, we will notify you and refund any payment made.

d. Shipping and Delivery

We will arrange for shipment of the products to you according to the delivery method you select during the checkout process. Title and risk of loss for the products pass to you upon delivery to the carrier. Delivery dates provided are estimates only and are not guaranteed.

e. Returns and Refunds

Due to the nature of our products, we do not accept returns or exchanges for our products. If your order arrives with any defects or their is a mistake on our part, please email us at hello@shophappiesthour.com and we will do whatever we can do resolve the issue.

3. Intellectual Property

a. Ownership

The Site and all content and materials on the Site, including but not limited to text, graphics, logos, images, and software (collectively, "Content"), are the property of Happiest Hour Socks LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved by Happiest Hour Socks LLC.

b. License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its Content; any collection and use of product listings, descriptions, or prices; any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.

c. Trademarks

All trademarks, service marks, and trade names (collectively, "Marks") displayed on the Site are proprietary to Happiest Hour Socks LLC or their respective owners. You may not use any Marks without the prior written permission of Happiest Hour Socks LLC or the applicable owner.

d. User-Generated Content

If you submit any content, including but not limited to reviews, comments, photos, or videos (collectively, "User Content"), to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or otherwise control all rights to the User Content you submit and that our use of your User Content does not violate the rights of any third party. We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.

4. Disclaimers and Limitation of Liability

a. Disclaimers

The Site and all Content, products, and services provided through the Site are provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.

b. Limitation of Liability

To the fullest extent permitted by law, in no event shall Happiest Hour Socks LLC, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or the products sold through the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the amount you paid for the products purchased through the Site.

c. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5. Indemnification

You agree to indemnify, defend, and hold harmless Happiest Hour Socks LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Site, your violation of these Terms, or your violation of any third-party rights.

6. Governing Law and Dispute Resolution

a. Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

b. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Atlanta, Georgia, and the arbitration award may be entered in any court having jurisdiction.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

c. Injunctive Relief

Notwithstanding the foregoing, Happiest Hour Socks LLC may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent any other form of irreparable harm.

7. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before the new Terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site.

8. Miscellaneous

a. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines posted on the Site, constitute the entire agreement between you and Happiest Hour Socks LLC regarding the Site and your purchase of products from the Site, and supersede all prior agreements, understandings, or representations.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

c. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of