Thank you for your interest in HANDYGUYZ.com!
HANDYGUYZ.com connects people to businesses that build, remodel, repair, and restore. From kitchen remodelers to auto mechanics, and landscapers to welders, HANDYGUYZ.com is the ultimate ‘one stop’ shop for the general public and trades related businesses to find one another.
1. Acceptance of Terms
The terms of this agreement (collectively, the “Terms”) constitute a legal agreement between you and Handyguyz, Inc., a Washington corporation (“We,” “Our,” or “Us”). By using Handyguyz.com or any other websites through which We make Our services available (collectively, the “Site”) or by using any application We develop, including mobile applications (an “Application”), you agree to be bound by the Terms.
2. Modification of Terms
We reserve the right to modify the Terms, effective upon posting an updated version of this Agreement at www.handyguyz.com/terms. We encourage you to review these Terms whenever you use Our Site or any of Our Applications. Your continued use of Our Site or any of Our Applications after any modifications to the Terms will constitute your consent to such modifications.
To be eligible to use Our Site or any of Our Applications you must be at least 18 years old, and you must have the authority and capability to agree to the Terms.
5. Ownership of Intellectual Property
We retain all right, title, and interest to the intellectual property used to create and operate the Site and Applications, including Our copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual property. You agree that you will not reproduce, modify, republish, recreate, or create derivative works of the Site, Applications, or any components of either, unless you have Our express written consent.
You agree to fully defend and indemnify Us, Our employees, directors, officers, and affiliates, from any claims, damages, or both, including, without limitation, attorneys’ fees and costs incurred by Us resulting from (a) your breach of this Agreement, (b) your violation of any rights of any third party service providers you were introduced to by Us, (c) your use, or misuse of the Site or any of the Applications, or (d) your inability for any reason to use the Site or any of the Applications. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Us in asserting any available defenses.
7. Your Participation, Account, and Information
7.1. To use some of the features on the Site or the Applications, you will need to create an account and provide certain information about yourself including a secret password. You are responsible for maintaining the integrity of your password and the content associated with your account. Only you are authorized to access your account. You agree to notify Us of any unauthorized use of your account
7.2. You retain ownership rights to all intellectual property that you upload or share on the Site or any of the Applications. However, you agree that We may use the content you upload without compensation to you. We reserve the right to edit or remove any content you upload or share on the Site.
7.3. You agree to refrain from uploading or sharing any offensive material, or any material to which you do not have the right to share on the Site or any of the Applications.
7.4. You agree that all information you share, upload, or use to create your account on the Site or any of the Applications is true and accurate information. You agree to update and maintain the truthfulness, accuracy, and completeness of such information. You also agree to use these services only to share material that is proper and related to the Site and any of the Applications.
7.5. Your may use the Site or one of the Applications to connect to other users or other third-parties. By using the Site or any of the Applications in such a manner, you consent to the continuous release of information about you to third-parties or other users.
7.6. If you are using the Site or any of the Applications from a country other than the United States, you are responsible for compliance with all local laws, and you agree that you will not use the Site or any of the Applications in violation of any such laws.
8. No Data Mining
You agree that you will not scrape, modify, copy, transmit, download or distribute information on the Site or any of the Applications other than the content you legally share on the Site or the Applications.
9. Prohibited Actions
9.1. You agree to refrain from using the Site or the Applications in any way that could damage, disable, impair, overburden, or interfere with any other party’s use of the Site or any of the Applications. For example, you agree not to unleash worms, viruses, Trojans, or other harmful, disruptive or destructive files, code, or programs on the Site or any of the Applications.
9.2. You agree to refrain from collecting personally identifiable information of users or visitors of the Site or any of the Applications. You also agree to refrain from collecting the contact information of users or visitors of the Site or any of the Applications for the purpose of sending unsolicited communications.
10. Other Users
10.1. We do not guarantee that content posted on the Site or any of the Applications by other users will not be objectionable, defamatory, or offensive.
10.2. We do not endorse or make any warranties or representation about the accuracy of any content on the Site or any of the Applications.
10.3. We do not endorse any users of the Site or any of the Applications. You are responsible for doing all due diligence before entering into any contractual relations with any other users of the Site or any of the Applications.
10.4. By using the Site or any of the Applications, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other users will be limited to a claim against the particular users that caused you harm, and you agree not to seek any legal remedy from Us with respect to such actions or omissions and release Us from any and all liability relating to any interactions you have with other users of the Site or any of the Applications.
11. Links to Third-Party Sites and Third-Party Services
11.1. We may link to other websites for your convenience. We do not control or operate these sites, and are not responsible for any content on these sites. Additionally, we do not endorse any of these sites or any information on these sites.
11.2. Certain services made available through the Site or the Applications are delivered by third-party organizations. By using any function of the Site or any of the Applications, you agree that We may share information and data with any third-party service provider that We have a contractual relationship with so long as that information is related to and reasonably necessary for that third-party service provider to provide a service that benefits Our users or visitors.
12. Copyrights and Digital Millennium Copyright Act
12.1. Notice of Copyright Infringement. The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on Our sites infringe your rights under U.S. copyright law, you may send Us a notice requesting that the material be removed.
12.2. The notice must include the following information:
12.2.1. The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
12.2.2. Identification of the copyrighted work claimed to have been infringed;
12.2.3. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information that reasonably allows Us to locate the material on Our sites;
12.2.4. Your name, address, telephone number, and email address (if available);
12.2.5. A representation that the you have a good faith belief that use of the material in the manner complained of is not authorized by you (the copyright owner), your agent, or the law; and
12.2.6. A representation that the information in the notice 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.
Please be advised that We will not respond to complaints that do not meet the requirements above. If We determine that the materials alleged to infringe your rights do not require removal, We will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.
12.3. Counter-notices. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:
12.3.1. Your name, address, and telephone number;
12.3.2. A description of the source of the content that was removed;
12.3.3. A representation under penalty of perjury that you believe that the content was removed in error;
12.3.4. A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that We choose, and that you will accept service of process from the person who provided the original complaint; and
12.3.5. Your signature (physical or electronic is acceptable).
12.4. Updated Requirements. Notices and counter-notices with respect to Our sites must meet the then-current statutory requirements imposed by the DMCA and should be sent to Us through the address listed below. Please be aware that there can be penalties for false claims under the DMCA.
ATTN: DMCA Copyright Claims Department Handyguyz Inc.
2144 Waverly Place N
Seattle, WA 98109
Except for the express warranties specified in this section, the Site and all of the Applications are provided “as is” and as available, and You disclaim all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) We have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) We do not warrant that the Site or any of the Applications will perform without error or interruption; (c) We do not warrant that the Site or any of the Applications will be free of viruses or other harmful components.
You acknowledge and agree to assume the entire risk associated with your use of the Site and all of the Applications, including any third party services or products that you use as a result of the Site or any of the Applications.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, OR FEES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OUR SITE OR ANY OF OUR APPLICATIONS.
15. Internet Problems
Our Site and Applications may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. You agree that We are not liable for delays, failures, or other damages that result from such problems.
16.2. No Waiver
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
16.3. Assignment & Successors
Neither party may assign this Agreement or its right or obligations under this Agreement, except We receive the right to assign this Agreement or any of Our rights or obligations under this Agreement without your consent to the surviving party in a merger or acquisition of the Company. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
16.4. Choice of Law & Jurisdiction
This Agreement will be governed solely by the laws of the State of Washington, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in King County, Washington.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
16.6. Entire Agreement
This Agreement details the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
If you do not agree to all of the Terms, you must not use the Site or any of the Applications. By using Our services, you acknowledge that you have read and understood the Terms and that you agree to be bound by the Terms.
Last updated: December 17, 2013