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Handyherman User Agreement
Terms of
Service
Welcome to
Handyherman.com! You must agree to the following Terms of
Service (User Agreement) prior to becoming a member (business or
customer) of Handyherman.com. If you do not agree to be bound
by the terms and conditions of this User Agreement, you will not be
allowed to use or access our services. Please read and review
carefully the following terms and conditions before using the Site.
We may revise these terms and conditions at any time at our sole
discretion, by updating this posting. This Agreement is
effective on September 17, 2007, for current users, and upon
acceptance for new users. YOUR CONTINUED USE OF THIS SITE AND
THE SERVICES WILL INDICATE YOUR ACCEPTANCE TO THE TERMS OF THIS USER
AGREEMENT AND ALL REVISIONS THEREOF.
Modification
of the User Agreement.
We reserve the
right to revise these terms and conditions at any time at our sole
discretion, by updating this posting. This Agreement is
effective on September 17, 2007, for current users, and upon
acceptance for new users.
Eligibility
You
must be 18 or older to use this website. If you are under the
age of 18, you may only use this Site under the supervision of your
parents or guardians. To register, you must provide your real
name, address, and e-mail, along with other information that may be
required.
Handyherman
Services
This Handyherman Services and Fees section of the User
Agreement may have an effect on your membership. Joining and posting
a business profile on Handyherman is free. Any changes to the
policy are effective after we provide you with at least fifteen (15)
days' notice of the changes by posting the changes on the Site. We
may in our sole discretion change some or all of our services at any
time.
Handyherman
is a Venue
Handyherman acts as a venue to allow anyone to list
and offer information about their business to be viewed by potential
customers. We are not involved in the actual transaction between
service buyers and sellers. As a result, we have no control over the
quality, safety or legality of transactions between business and
customers or the truth or accuracy of the listings.
Content of information provided by user
You understand that all text, images, photos,
reviews, or other materials ("content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such content originated. More
specifically, you are entirely responsible for each individual item
of content that you post. You understand that Handyherman does
not have the ability to control, and is not responsible for content
provided, and that by using the services, you may be exposed to
content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. You exclusively enable Handyherman to
use the information you supply us with. Handyherman will only
use Your Information in accordance with our Privacy Policy.
Identity Verification
Handyherman
cannot and does not confirm each users claimed identity. We
encourage businesses and customers to communicate through email, by
phone or any other means of communication to help ensure the identity
of the other party. In addition, we have established a
user-initiated feedback system to notify us of any suspicious
activity or false identities.
Limitation of
Liability
IN THE EVENT THAT
YOU HAVE A DISPUTE WITH ONE OR MORE CUSTOMERS OR BUSSINESSES, YOU
RELEASE HANDYHERMAN.COM (OWERS AND EMPLOYEES) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES. UNDER NO CIRCUMSTANCES SHALL HANDYHERMAN BE LIABLE
FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF HANDYHERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
HANDYHERMAN WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE HANDYHERMAN WEBSITE OR THE SERVICE, FROM
INABILITY TO USE THE HANDYHERMAN WEBSITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
THE HANDYHERMAN SITE OR THE SERVICE.
Fraud
The
Handyherman website may only be used for lawful purposes and in a
lawful manner. You consent to comply with all applicable laws,
statutes and regulations regarding the use of the Services. We may
suspend or terminate your account if we suspect that you (by
conviction, settlement, or otherwise) have engaged in fraudulent
activity in connection with the website.
Restricted
Activities
Your Information (any information you provide to us or on
our website) and your activities on the Site shall not: (a) be false,
inaccurate or misleading; (b) be fraudulent or involve the sale of
any and all illegal services; (c) violate any law, statute, ordinance
or regulation (including, but not limited to, those governing unfair
competition, antidiscrimination or false advertising); (d) be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (e) be obscene or contain any type of pornography; (f)
contain any viruses, Trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (g) create
liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and (h) link directly or
indirectly to or include descriptions of services that are prohibited
under this User Agreement.
Business
and Customer Reviews
You can not take
any actions that may undermine the integrity of the review system.
If you earn a feedback rating of 2 stars or less, your membership may
be suspended and your business or customer profile may be removed.
In addition, we reserve the right to indefinitely suspend or
terminate your account to any business or customer for any reason we
deem appropriate.
Privacy
We
will not sell, share, or rent your personal information to others in
ways different from what is disclosed in the Privacy Policy. We view
protection of users' privacy as a integral part of
Handyherman.com. We understand clearly that you and your information
is one of our most important assets. We store and process your
information on computers located in the United States that are
protected by physical as well as technological security devices. If
you object to Your Information being transferred or used in this way
please do not use our services.
No Warranty
The
Site and the Services are provided on an "AS IS" basis.
User's use of and reliance thereon are at user's own and sole risk.
Handyherman makes no other representations or warranties of any kind,
express, implied, or statutory. The owners and employees
specifically disclaim any implied warranties on rendered services by
service providers, service provider's ability, and that the rendered
services by service providers will meet your requirements and
expectations.
Liability Limit
Handyherman will not be liable for any damages of any kind
including without limitation direct, indirect, incidental, special,
punitive and consequential damages, arising out of or in connection
with this agreement, the Site, the Services, the inability to use the
Services or those resulting from any Services purchased or obtained
or messages received or transactions entered into through the
Services whether such damages arise under theory of contract, tort
(including negligence), strict liability or otherwise.
Indemnity
You
agree to defend, indemnify and hold Handyherman and (as applicable)
the owners and employees, harmless from and against any and all
claims, losses, liabilities, costs and expenses (including but not
limited to attorney's fees) arising from or in connection with (a)
your breach of this agreement, including the documents incorporated
by reference (b) your violation of any state, federal, foreign or
international laws, codes or regulations; and/or (c) your violation
of any third party's rights, including, but not limited to,
infringement of any copyright, violation of any proprietary right and
invasion of any privacy rights (d) the job being performed. This
obligation will survive the termination of this agreement.
Legal
Compliance
You must comply with all applicable domestic laws,
statutes, ordinances and regulations regarding your use of our
Services.
No
Agency
You and Handyherman are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Additional
Terms
The Privacy Policy is incorporated into this Agreement by
reference and provides additional terms and conditions related to
specific services offered on the Site. We reserve the right to modify
the Privacy Policy at any time and at our sole discretion.
General
Handyherman.com
is owned by Handyherman, LLC based out of Richmond, VA. We can
not guarantee continuous and uninterrupted access to our services,
and operation of the Site may be interfered with by numerous factors
outside of our control. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement
and all incorporated agreements may be automatically assigned by
Handyherman. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
sections. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
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