Terms of Service for HandyLo.com
IMPORTANT – READ THE FOLLOWING CAREFULLY BEFORE USING OUR WEBSITE.
Thank you for visiting our Website. These Terms of Service govern your visit and interactions with our Website and other users. These Terms of Service govern the use and browsing of our Website.
By accessing, browsing or using our Website, you become a “Visitor”. Your accessing, browsing or using this Website constitutes your agreement to all terms, conditions, and notices, and any changes to the Terms of Service made by HandyLo.
In order to access certain aspects of the Website or perform certain functions you will have to sign up and become a “Member” of our Website. “Members” may be “Service Providers” or “Service Seekers” (as defined below). As part of the registration process for Membership you will be asked to review those portions of the Terms of Service intended for Members and asked to confirm your assent to them. By clicking “create account”, you confirm that you have read these Terms of Service, that you understand them, and that you agree to be bound by them.
HandyLo, LLC (“HandyLo”) offers this website (HandyLo.com), including all information, software, products and services available from this Website or offered as part of or in conjunction with this Website (collectively, the “Website”), to you, the user, (“You”, “User”, “Visitor” or “Member”, as appropriate (You or User refers to both Visitor and Members) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the “Terms of Service”). HandyLo reserves the right to make changes to these Terms of Service immediately by posting the changed Terms of Service in this location. We will provide notice of any changes to these Terms of Service on our homepage; however, it is your responsibility to periodically check these Terms of Service for changes.
Finally, these Terms and Conditions contain a binding arbitration clause and class action waiver at section 30 that impact your rights about how to resolve disputes. Please read carefully.
1. Overview of Website. HandyLo is an online marketplace. The purpose of this marketplace, and sole permitted use of the information contained within it, is to provides access to the profile pages and listings of skilled trades people and businesses, including, but not limited to, contractors, handymen and handywomen, plumbers, HVAC specialists, electricians, painters, landscapers, roofers, maids, pest control, and similar professions (“Services”). Within the Website individuals, organizations, and business entities that have registered for Membership and are seeking a Service Provider (“Service Seekers”) can review profiles of individuals, organizations and business entities that provide services (“Service Providers”). Service Providers may create profiles on our Website allowing Visitors and Service Seekers to engage with Service Provider. Visitors may browse Service Provider profiles but may not engage or communicate with Service Providers. HandyLo does NOT facilitate relationships between Service Providers and Service Seekers. HandyLo may provide listings of the top rated professionals within a Service area, but does not make any representation, recommendation or endorsement that one Service Provider, or several, may be more suited to a Service Seeker’s needs than any other Service Provider. HandyLo and the Website do enable Members to facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on a Service Seeker’s preferences and needs. The Website also involves providing a platform to facilitate the initial and ongoing communication between Service Seekers and Service Providers (“Messaging Platform”). Use of the Messaging Platform requires a Service Seeker’s zip code and email address.
2. License. Subject to your compliance with these conditions, HandyLo grants to you a limited, non-transferable, non-exclusive license to use the Website on any computer owned, leased, and/or controlled by you. This license is not a sale of the original Website or any copies. All rights not expressly granted to you are reserved and retained by HandyLo. No Website, nor any part of Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HandyLo. You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website.
3. Personal and Noncommercial Use. The Website is for your personal and noncommercial use. Commercial use is only permitted as expressly described herein. As a condition to your continued use of the Website, you warrant to HandyLo that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service of use.
4. Featured Links. The Website may contain hyperlinks to websites and content offered by parties other than HandyLo. Such hyperlinks are provided for your reference and convenience only. HandyLo does not control such other Websites and is not responsible for their content; nor does HandyLo’ inclusion of hyperlinks to such Websites or content imply any endorsement of the material on such Websites or any association with their operators. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of Website, are those of the respective author(s) or distributor(s) and not of HandyLo. Neither HandyLo nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Website represents the opinions and judgments of the respective information provider, User, or other person not under contract with HandyLo. HandyLo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Website by anyone other than authorized HandyLo employee spokespersons while acting in their official capacities. Under no circumstances will HandyLo be liable for any loss or damage caused by a User’s reliance on information obtained through Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Website.
5. Copyrights. All material content included in or made available through Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of HandyLo and protected by United States and international copyright laws. The compilation of all content included in or made available through Website is the exclusive property of HandyLo and protected by U.S. and international copyright laws. The Website, related documentation, and all intellectual property rights embodied within or derived from such Website are copyrighted works of authorship or proprietary materials exclusively owned by HandyLo. HandyLo retains ownership of all subsequent copies of the Website and all derivative works based on such Website. All other content not owned by HandyLo that appears on the Website appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by HandyLo.
6. Trademarks. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of HandyLo in the U.S. and other countries. HandyLo’s trademarks and trade dress may not be used in connection with any product or service that is not property of HandyLo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HandyLo. All other trademarks not owned by HandyLo that appear on the Website appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HandyLo.
7. Prohibited Activities. Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on HandyLo Website may be translated, reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of HandyLo. You may not use, copy, or modify the Website or any copy in whole or in part, including any print-out or modification of the source or object codes, except as expressly provided in this Agreement. You may not disclose, display, communicate, or otherwise permit the use of the Website by or to any third party for any purpose. You are prohibited from using the Website to process the data of third parties. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Website or any portion thereof to identify or analyze the interoperability of the Website. You shall not harvest or otherwise collect information about others users, including, but not limited to email addresses or any other identifying information or information related to contacting users. Further, You may not contact our Members for the purpose of enticing them to terminate their relationship with HandyLo or enter a business relationship with You to HandyLo’s detriment.
8. Disclaimer of Warranty, Limitation of Liability. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY HANDYLO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HANDYLO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD-PARTY, MEMBER OR ANY INFORMATION OR SERVICE PROVIDED BY A MEMBER, OR THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD-PARTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER HANDYLO, ITS AFFILIATES NOR ANY OF THEIR REPSECTIVE EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR ACCESSED THROUGH THE WEBSITE. NO REPRESENTATIVE OF HANDYLO IS AUTHORIZED TO GIVE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY OR MODIFY THIS AGREEMENT IN ANY WAY. HANDYLO DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, HANDYLO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HANDYLO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANDYLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WEBSITE, OR FROM ANY SERVICES RECEIVED FROM OR OTHER INTERACTION WITH AN ADVERTISER LISTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HANDYLO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR COURSE OF PERFORMANCE. By way of example, and not in limitation of the preceding disclaimer, in the event you receive services from one of the Members featured on the Website, HandyLo will not be liable to you for any damages or claim resulting from such Visit. You acknowledge and agree that HandyLo neither provides nor endorses any help, support, information, or service posted or advertised on the Website.
9. Termination of Privileges. HandyLo reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms of Service of use. If HandyLo notices or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, HandyLo may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
10.Indemnity. You agree to defend, hold harmless, and indemnify HandyLo, our Affiliates, our and their respective officers, directors, owners, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Website Services, including: (a) your: (i) use of the Website; (ii) decision to supply information via the Site; (iii) decision to submit postings and enter Visits; (iv) breach of any provision of this Agreement or other Terms applicable to Your use of the Website; or (v) obligations to a Member or Member; (b) any claim, whether based in tort or contract, you may have against a Member or a Member or that a Member or a Member may have against you; or (c) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Service. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party.
Should you have any questions concerning these Terms of Service, you may contact HandyLo.
Additional Terms of Service for Members
In addition to the Terms set forth above, Members shall be subject to the following terms. By clicking “CREATE ACCOUNT”, you confirm that you have read these Terms of Service (both above and below), that you understand them, and that you agree to be bound by them.
13.Eligibility Criteria. To be eligible for Membership, You represent and warrant as follows:
14.Member Account, Password and Security. If any of the Website requires User to open an account, User must complete the registration process by providing HandyLo with current, complete and accurate information as prompted by the applicable registration form. User may be asked to choose a password and a User name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify HandyLo immediately of any unauthorized use of User’s account or any other breach of security. HandyLo will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by HandyLo or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
15.Service Providers. A Member that registers as a Service Provider shall have the ability to post a profile to the Website.
a. 30-Day Free Trial Period. Immediately following registration, a Service Provider shall have access to the Website and HandyLo services described in this Section for period of 30 days without charge. Following the conclusion of this period, the Service Provider may continue use by paying a Subscription Fee as described below.
b. Fees. Service Providers shall pay to HandyLo a Subscription Fee in the amounts described in the registration materials. As of the date of these Terms of Service, the Subscription Fee is payable monthly in installments of $29 or annually in installments of $290. These amounts are subject to change from time to time, and without notice. In the event of any conflict between the Subscription Fee stated in these Terms, as updated from time to time, and the Subscription Fee stated in the most recent registration materials, the Subscription Fee stated in the registration materials such conflict will be resolved in favor of the Subscription Fee stated in the registration materials. At the time of registration, Service Provider shall provide HandyLo with accurate payment information for a credit card or debit card of Service Provider’s choosing and shall keep such card information current and cooperate with HandyLo to make changes to payment card information as HandyLo reasonably requests. Service Provider shall make payment, through HandyLo’s automatic debit of the card on file or through HandyLo’s invoice, the choice of which shall be in HandyLo’s sole discretion, of the Subscription Fee to HandyLo on the date of the month on which Service Provider completed registration (unless such day is a date that does not occur each month, in which case the Service Provider shall make payment on the final day of the month) or the anniversary of Service Provider’s registration if the Service Provider registered for annual installments. If a Service Provider’s Subscription Fee installment is past due, the Service Provider’s profile will be removed from the Website on the 5th business day after the due date.
c. Profiles. By submitting material to any public area of Website including but not limited to Service Provider’s profile or that of any other Service Provider, User automatically grants, or warrants that the owner of such material has expressly granted HandyLo the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Service Provider also permits any other Visitor or Service Seeker to access, view, store or reproduce the material for that Visitor or Service Seeker’s personal use. User hereby grants HandyLo the right to edit, copy, publish, and distribute any material made available on Website by Service Provider.
d. Service Providers should not offer Services or advice related to Services that they are not qualified to offer, and limit their Services to the kinds of activities described in their profile.
e. Service Provider hereby agrees that communicating with a Service Seeker through the Messaging Platform or otherwise, and agreeing to engage with a Service Seeker to provide Services or for any other purpose is at Service Provider’s sole discretion and based on Service Provider’s needs.
16.Service Seekers. Service Seeker hereby agrees that communicating with a Service Provider through the Messaging Platform or otherwise, and selecting a Service Provider to provide Services or for any other purpose is at Service Seeker’s sole discretion and based on Service Seeker’s needs.
17.Relationship Between Service Seeker & Service Provider. Service Seeker acknowledges and agrees that upon Service Seeker’s final selection of a Service Provider, Service Seeker and Service Provider will be deemed to have entered into an agreement with each other for the provision of Services by the Service Provider and payment for such services by the Service Seeker (the “Engagement”).
18.Relationship Between HandyLo & Members.
a. HandyLo is Not a Party to Engagements. HandyLo is not a party to the dealings between Service Seeker and Service Provider, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Provider Services. HandyLo does not collect payment for an Engagement unless requested (See Section 18, below). HandyLo does not introduce Service Providers to Service Seekers or help Service Providers find engagements. HandyLo merely makes the Website available to enable Providers to identify and determine the suitability of Service Seekers for themselves and to enable Service Seekers to identify and determine the suitability of Providers for themselves. HandyLo does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of Provider Services; the truth or accuracy of engagement requests, listings and Provider Profiles; the qualifications, background, or identities of Members; the ability of Service Providers to deliver Services; the ability of Service Seekers to pay for Provider Services; or that a Service Seeker or Service Provider can or will complete a transaction or engagement.
b. HandyLo is a Third Party Beneficiary to Engagements. Customer and Provider appoint HandyLo as a third-party beneficiary of their Member Contract for purposes of enforcing any obligations owed to, and any benefits conferred on, HandyLo by the Member Contract. Customer and Provider further agree that HandyLo has the right to take such actions with respect to their Accounts, including, without limitation, suspension, closure, or legal actions, as HandyLo, in our sole discretion, deems necessary to enforce our rights as a third-party beneficiary under the Member Contract.
c. HandyLo Does Not Supervise Members. Member hereby acknowledges that neither Service Providers, Service Seekers, or Visitors are employees or agents to HandyLo. HandyLo exercises no control or supervision over Members. Members are free to conduct the engagement how they choose within the parameters Service Seeker and Service Provider agree to. It is important that each Service Seeker take care to thoroughly review each Service Provider profile and find the Service Provider that best suits your needs, and Service Seeker hereby agrees to do so. Each Service Provider may provide Services differently. It is important that each Service Provider take care to thoroughly review each Service Seeker and assess its needs and ability to pay, and Service Provider hereby agrees to do so. Each Service Seeker may participate in an engagement differently.
d. No Agency. This Agreement and any registration for or use of the Website will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and HandyLo or a Provider and HandyLo, except and solely to the extent expressly stated in the Terms of Service.
e. Licenses & Background Checks. HandyLo makes no representation or warranty regarding whether a Service Provider has any licenses, permits or certifications necessary or useful to performance of the Services and does not perform criminal or financial background checks in regard to any Member. By agreeing to an engagement Service Provider represents and warrants that it has all licenses necessary to performance of the Services in the jurisdiction where the Services will be performed or Service Provider is located, and Service Provider shall indemnify, defend, and hold HandyLo harmless from any claim, damage, or loss regarding lack of, expiration, or other noncompliance with any licensing, permit, or certification law in effect in the jurisdiction where the Services will be performed or Service Provider is located.
19.E-Invoicing & Payment Service. Service Provider may request billing for an engagement between Service Provider and Service Seeker take place through HandyLo’s e-invoicing & payment service. If Service Provider makes such request, Service Provider shall notify Service Seeker at the time of engagement. Service Provider agrees to provide HandyLo with accurate information regarding the engagement including, but not limited to, date of agreement to the engagement, the total cost, service date(s), and a description of the services performed. Service Seeker agrees to pay for the engagement as invoiced by HandyLo. Providers submit their time records to HandyLo within a short time after the Engagement is completed. HandyLo will invoice the Customer within 7 days of the time the Engagement is complete. Customer shall pay the invoice within 7 days of the time it is sent. If Customer has any objection to the invoice Customer agrees to notify HandyLo within this same 7-day period, otherwise the invoice will be deemed valid and correct. Service Seeker and Service Provider agree that HandyLo is neither a collection agency nor a service for resolving consumer complaints. HandyLo’s sole duty shall be to transmit invoices as described by Service Provider and receive payment from Service Seeker. Any dispute between Service Provider and Service Seeker shall be resolved between Service Seeker and Service Provider alone.
a. Between Service Provider & Service Seeker. The cancellation of, or any dispute regarding, an Engagement between a Service Provider and a Service Seeker shall be determined solely upon such terms as the parties to the engagement agree. HandyLo shall have no right, ability, or obligation to dictate any cancellation or other dispute resolution policy.
b. Between Service Provider & HandyLo. Service Provider may cancel its Membership at any time. A cancellation will become effective at the conclusion of the subscription period applicable to the Service Provider. By way of example, and not in limitation, if a Service Provider has registered for a monthly subscription, cancellation will be effective at the conclusion of the month in which the Service Provider made the cancellation request; if a Service Provider has registered for an annual subscription, cancellation will be effective at the conclusion of the 12 month period in which the Service Provider made the cancellation request. A cancellation made during a 30-day free trial period shall not have any Subscription Fee.
a. Member shall use Website for lawful purposes only. Member shall not post or transmit through Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a User that in HandyLo’s discretion restricts or inhibits any other User from using or enjoying Website will not be permitted. User shall not use Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with Website.
b. User shall not upload, post or otherwise make available on Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
22.Use of Website. The Website may contain Messaging Services, bulletin board services, chat areas, news groups, forums, communities, profiles, Discussions, personal web pages, calendars, photos, file cabinets and/or other message or communication facilities designed to enable Member to communicate with others (each a “Communication Service” and collectively “Communication Services”). Member agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Member agrees that when using the Communication Services, Member will not:
a. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicate or unsolicited messages (commercial or otherwise).
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Member own or control the rights thereto or have received all necessary consent to do the same.
e. Use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
f. Upload or otherwise send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
g. Advertise or offer to sell or buy any goods or services for any business purpose, other than to create Engagements for Services.
h. Download any file posted by another Member of a Communication Service that Member know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
i. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
j. Restrict or inhibit any other Member from using and enjoying the Communication Services.
k. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
l. Harvest or otherwise collect information about others, including email addresses.
m. Violate any applicable laws or regulations.
n. Create a false identity for the purpose of misleading others.
o. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Members of the Services or other Member or usage information or any portion thereof.
23.HandyLo’s Moderation of Members.
a. HandyLo has no obligation to monitor or moderate the Communication Services. However, HandyLo reserves the right to review materials posted to the Communication Services and to edit, refuse to post or to remove any information or materials, in whole or in part, in HandyLo’s sole discretion. HandyLo reserves the right to terminate Your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Termination shall be subject to the Cancellation policy described above.
b. HandyLo reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
c. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Member is responsible for adhering to such limitations if Member downloads the materials.
d. HandyLo specifically disclaims any liability with regard to the Communication Services and any actions resulting from Member’s participation in any Communication Services.
24.Termination of Privileges. HandyLo reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms of Service, or for action or inaction occurring during an Engagement. If HandyLo notices or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, HandyLo may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection. In any termination, HandyLo will treat Subscription Fees according to the Cancellation Policy above.
25.Indemnity. You agree to defend, hold harmless, and indemnify HandyLo, our Affiliates, our and their respective officers, directors, owners, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Website Services, including: (a) your: (i) use of the Website; (ii) decision to supply information via the Site; (iii) decision to submit postings and enter Visits; (iv) breach of any provision of this Agreement or other Terms applicable to Your use of the Website; or (v) obligations to a Member; (b) any claim, whether based in tort or contract, you may have against a Member or that a Member may have against you; or (c) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Service. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party.
26.Changed Terms. HandyLo shall have the right at any time to change or modify the Terms of Service applicable to Member’s use of Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which Member obtains notice thereof. Any use of Website by You after such notice shall be deemed to constitute Your acceptance of such changes, modifications or additions.
27.General. HandyLo retains all rights not expressly granted herein. HandyLo may freely assign these Terms of Service. These Terms of Service are the complete and exclusive agreement of the parties and supersede all prior communications, oral or written, between the parties relating to the Terms of Service’ subject matter. Without regard to its conflicts of laws principles, the laws of the Commonwealth of Virginia govern all matters, including torts, with respect to these Terms of Service. Further, any claim, controversy, or dispute that arises between You and HandyLo must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia, unless Section 30 applies. You and HandyLo agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia for the purpose of litigating all such claims, controversies, or disputes. These Terms of Service are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. HandyLo reserves the right to make changes to these Terms of Service immediately by posting the changed Terms of Service in this location. By continuing to use the Website, you are agreeing to all changes made by HandyLo. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
28.This Agreement is for the benefit of HandyLo, its subsidiaries, affiliates, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
29.Titles, comments to, and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.
30.PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HANDYLO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Arbitration Agreement; Claims. This Section 30 is referred to as the “Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 30(k) below, you and HandyLo (together, the “Parties”) agree that any and all disputes or claims that arise between you and HandyLo relating to the HandyLo Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 22, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
b. Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 30(k) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HANDYLO AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 30(k) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HANDYLO AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HANDYLO USERS.
d. Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 30(k) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
e. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HANDYLO AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 30(k) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HANDYLO AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HANDYLO USERS.
f. Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at email@example.com or by mail at HandyLo, Attn: Legal, __________________. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
g. Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 17. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which HandyLo’s principal offices are located. If the value of the relief sought is $10,000 or less, you or HandyLo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and HandyLo subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or HandyLo, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different HandyLo users, but is bound by rulings in prior arbitrations involving the same HandyLo user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
h. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be shared equally by you and HandyLo, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, HandyLo will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, HandyLo will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse HandyLo for all fees associated with the arbitration paid by HandyLo on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
i. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
j. Severability. If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable
k. Opt-Out Procedure.You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice“) in accordance with the terms of this Section 30(k). For new HandyLo users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current HandyLo user and previously accepted the HandyLo Terms, the Opt-Out Notice must be postmarked no later than July 16, 2017. You must mail the Opt-Out Notice to HandyLo, Attn: Legal, _______________________. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the HandyLo Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 27.
l. Future Changes to this Arbitration Agreement.Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against HandyLo prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against HandyLo prior to the effective date of removal.
Last Updated August 2, 2017
Thank you for visiting HandyLo LLC and our website HandyLo.Com (“HandyLo”). Your privacy is important to us. This notice explains our online information practices and the choices you can make about the way your information is used at our Website (https://www.handylo.com).
The Information We Collect
We do not collect personally identifiable information about you – such as your name, address, telephone number, fax number, e-mail address, etc. – unless you choose to complete registration and become a Member.
We do automatically collect certain non-personally identifiable information when you visit our site – such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider (e.g. Comcast, Verizon FIOS, etc.).
How We Normally Use Information About You
We use non-personally identifiable information to analyze site usage, which allows us to improve the design and content of our site. These activities may include, but are not limited to:
§ Administering, protecting, operating and maintaining the Website and our systems;
§ Improving the navigation and content of our Website, system administration and security;
§ Compiling aggregated statistics about the site usage and to better understand the preferences of our site visitors;
§ Carrying out research and development to improve our services;
§ Carrying out other legitimate business purposes, as well as other lawful purposes about which we will notify our visitors.
In the ordinary course, we use personally identifiable information you provide solely to respond to your inquiry or process an application form you have completed on various sections of our Website. These activities may include, but are not limited to:
§ Responding to your specific inquiry or request and providing you with information and access to resources that you have requested from us;
§ Processing and completing business transactions and sending related information, including transaction confirmations, document executions, invoices, and payments;
§ Sending information to you about your account, technical alerts or updates, and other administrative or service-related communications;
§ Helping personalize your experience on our Websites (for example, we may use IP addresses to approximate your general location such as city and state for purposes such as to provide information on local promotions and events);
§ Helping deliver our services to our visitors and providing customer service and support.
We will not contact you about other matters, unless you specifically request it, nor will we share, rent, or sell your personally identifiable information outside HandyLo, except where we are required to share your information with any third parties who provide services on our behalf.
However, it is possible, though unlikely, that we might be forced to disclose personally identifiable information in response to legal process or when we believe in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency’s request.
Also, we cannot guarantee the privacy of personal information you transmit over the web or that may be collectable in transit by others, including third parties who provide services to us.
Revoking Consent to Collect or Use Information
You may opt out of collection and use of personally identifiable information at your request at any time, but this may affect our ability to appropriately serve you. You may also access your profile upon request. We do not directly collect any information related to payment cards. For more on this please see the Security section below.
Sharing Information With Third Parties
Analytics & Advertising
We do not deliver third party online advertisements on our Website, but we may use third-party advertising companies to serve ads for our services when you access and use other websites, based on the information relating to your access to and use of our Website, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags).
Collection of Information by Third-Party Sites and Sponsors
Our site contains links to other sites, including social media sites and applications, whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
We take precautions to protect your information. We use commercially reasonable efforts to maintain a secure data environment, however we cannot guarantee the security of your personal information. Ordering online for a HandyLo product or service is secure and convenient. Our ordering process is protected by the Secure Sockets Layer (“SSL”) protocol, which encrypts your information and confirms the identity of the HandyLo server before completing your transaction. Netscape Navigator 2.0 + (or better) and Internet Explorer 3.0+ (or better) support the SSL protocol. We recommend you use the latest browsers to ensure that you are protected by advances in security technology. Only input credit or debit card information in the appropriately marked places in our registration materials. Please do NOT include this information in any other communication on our Messaging Services or other communication.
What are Cookies?
A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by HandyLo to track user preferences while the User is visiting the website. They also help to minimize load times and save on server processing. Persistent cookies may be used by HandyLo to store whether, for example, you want your password remembered or not, and other information. Cookies used on the Website do not contain personally identifiable information.
You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. For further information about disabling or blocking cookies, please consult the “Help” menu of your web browser.
1. Where they are essential to make our site work
2. To enable the personalization features on our site (which give you the ability to recall recently viewed pages and see information which you have input on line)
3. To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our site. We cannot identify you personally in this way.
Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.
We reserve the right to revise this policy or any part of it from time to time. Please review the policy periodically for changes. We will notify you of any material changes we make and you will have the opportunity to opt out at that time.