|
THE FOLLOWING DESCRIBES THE TERMS ON WHICH HANDI-MEN.COM OFFERS
YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User
Agreement") for Handi-Men.Com. This Agreement describes
the terms and conditions applicable to your use of our services
available under the domain and
sub-domains of www.handi-men.com (the "Site") (including
future sub-domains) and the general principles
for the websites of our subsidiaries.
If you do not agree to be bound by the terms and conditions
of this Agreement, do not use or access our services.
If you have any questions, please refer to our User Agreement
Frequently Asked Questions or our User Agreement Revision Frequently
Asked Questions (soon to be incorporated herein).
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement and the Privacy
Policy, which include those terms and conditions expressly
set out below and those incorporated by reference, before you
may use any of the services availabe through the Handi-Men.Com
site. We strongly recommend that, as you read this User Agreement,
you
may also access
and
read the
information contained in the other pages and websites referred
to in this document, as they may contain further terms and
conditions that apply to you as a Handi-Men.Com user. Please
note: underlined words and phrases are links to these pages
and websites.
By accepting this User Agreement, you also agree that your
use of other websites accessed through Handi-Men.Com will be
governed by the User Agreement and Privacy Policy posted on
those websites. (at this time, not all
subsections are available so if you have a question - keep
checking back!)
We may amend this Agreement at any time by posting the amended
terms on the Site. Except as stated below, all amended terms
shall automatically be effective immediately upon being posted
on the Site. In addition, we may notify you in accordance
with
future notificatioon preferences.
This Agreement may not
be otherwise amended except in writing signed by you and
Handi-Men.Com. This Agreement is effective upon utilizing any
of the services provided through the Handi-Men.Com site, and
is otherwise effective on November 1, 2004 for all users.
Membership Eligibility.
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services
are not available to children (persons under the age of 18 - or in some states, 19)
or to temporarily or indefinitely suspended Handi-Men.Com
members. If you are under the age of 18 (or in some cases 19), you can use this
service
only in conjunction with, and under the supervision of your
parents or guardians. If you do not qualify, please do not
use our Site. Further, if you are a listing user, your Handi-Men.Com
account (including feedback) and User ID, may not be transferred
or
sold to another
party.
If you are registering as a business entity, you represent
that you have the authority to use the name of that entity
in the listing and to bind the entity to this Agreement.
Fees and Services.
Utilzing the various Directories - or using our Basic Listing
Services to list your company or services at Handi-Men.Com
costs less than $6 a month. Once paid, fees are non-fundable!
we do not charge users for selecting potential contractors through
our Site. If you are user and seek to find a competitent
contactor, vendor or handyman from our site, you have
an opportunity to review the track record - comments and
even to ask for a recommendation from the Handi-Men.Com
editorial staff (which will cost you nothing!).
Our Feature Listing Fees, Editor Pick's and Credits Policy
are available and are incorporated into this Agreement
by reference.
We may change our Fees and Credits Policy and the fees for
our services from time to time. Our changes to the policy
are effective after we provide you with at least fourteen
(14)
days' notice of the changes by posting the changes on the
Site. However, we may choose to temporarily change our Fees
and Credits
Policy and the fees for our services for promotional events
(for example, free 'Feature Listing' days) and such changes
are effective when we post the temporary promotional event
on the Site.
We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the
fees for that service are effective at the launch of the
service.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees associated with using
our service and the Site and all applicable taxes per the terms and prices indicated in the billing, invoice or email notices. Individuals
and/or companies who fail to meet any financial obligations
with Handi-Men.Com, are subject to suspention. Those listing members who did not pay for listing on the site may be terminated at any time without cause.
In respect to paid basic and feature listings, all payments are final and are not refundable. Should the listing agency
be in violation of any of the conditions set forth here and
become subject to suspension, no refund will be made of funds
paid for such feature listings.
Aside from the user feedback and information
provided by the listing companies and individuals, Handi-Men.Com
will be held harmless in any issues, disputes or damages between
a listing company and/or individual and the user of that listing
company and/or individual's service. In the event that
you have a dispute with one or more users or listing companies
and/or individuals, you release Handi-Men.Com (and
its officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual
and consequential) 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. If you
are a California resident, you waive California Civil Code §1542,
which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist
in his
favor at the time of executing the release, which if known
by him must have materially affected his settlement with
the debtor."
Information Control.
We do not control
the information provided by other users that is made available
through
our system. You may find other user's information to
be offensive,
harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safety when using the
Site. Please
note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally,
there
may also be risks dealing with international trade and
foreign nationals. By using this Site, you agree to accept
such risks
and understand and agree that Handi-Men.Com is not responsible for the acts or
omissions of users on the Site.
Name Use and Labels.
We do not require documentation regarding
a listing or company name within a specific geographical area.
However, should a name be used that is incorporated, trade-marked
or in some other fashion, owned by another, the rightful owner of that
name or trade-mark is required - and should use the method of contact afforded
by the site in communication
of the issue with the Editorial staff of Handi-Men.Com.
Users.
As a user you are obligated to pay the contractor, vendor
or service provider the amount of the work provided. User's
are encouraged to get estimates and job proposals in writing
before approving the work and allowing work to commense. Work provided through the Handi-Men.Com should be provided at
a reasonable rate and hourly rate. If an issue arrises during
or after the project, users are
encouraged
to use the feedback tools available on this site to deal with such issues.
Listing Information.
Keep in mind that not all jurisdictions
require contractors and/or handyman firms and/or individuals
to be licensed. We urge users to inquire with their local government
offices to ensure that such licensing is required (or not required)
for a certain project. Also, keep in mind that some work
may require local permits. Users are encouraged to work out
the
permit
responsibilities
with the contractor or individual before a project is started. In most cases it is assumed that the owner of the property is responsible for obtaining and paying for such permits.
Listing Description.
You must be legally able to provide the
service(s) you list on the Site. You must describe
your services and any special issues regarding such services
on the listing page of the Site.
Your listings may only include text descriptions relevant to
the promotion of your business. If you have an existing web
site - that site will be indicated as a link from your company's
'virtual' web page on our site. All listed services must be listed
in an appropriate category. All
items
in multiple
item
listings
must
be identical.
Pornographic
illustration, photographic content and offensive language will be removed
and the source of the listing suspended.
Fraud. Without
limiting any other remedies, Handi-Men.Com may suspend or terminate
an account if we suspect
that you
(by conviction,
settlement, insurance or escrow investigation, or otherwise)
have engaged in fraudulent activity in connection with the
Site, the public or potential customers.
Handi-Men.Com's Verified Rights Owner
(VRO) program works to ensure that listed companies and/or
individuals do not infringe upon
the copyright, trademark or other rights of third parties.
the VRO
program participants and other rights owners can report
listings offering infringing information, and request that
such listings be
removed using the contact us link available on the Handi-Men.Com site. VRO program participants and other rights owners
may have
limited access to some of your personal information as
described in the Privacy Policy.
* * * * * * * * * *
Definition. "Your Information" is defined
as any information provided to Handi-Men.Com or other
users in the registration,
listing information, description of work, company or
individual names or other information, in any
public message area (including the feedback area)
or through any email feature. You are solely
responsible
for Your
Information, and
we act as a passive conduit for your online distribution
and publication of Your Information.
Removals. Handi-Men.Com retains the authority to remove a listing, other than a paid listing, for cause based upon the failure of the listing party to conform to standards set out herein and to otherwise not function in the best interests of the Handi-Men.Com community. This may be a refusal to respond to a referral request, to respond to a query by the editorial staff, to not respond to a query by the editorial staff in a timely manner or a failure to provide prompt, necessary listing cooperation. Further, such listings WILL be removed if it is found that the site links a competitor site without a similar Handi-Men.Com link. Handi-Men.Com further retains the authority to remove, at the discretion of the editorial staff, a listing from the Editor's Pick Program when in the determination of the editorial staff such listing does not conform to the Individual Program Agreements and standards and/or refuses to cooperate in the program as required in the program agreements spelled out in the initial listing policy. Such removals may be made without notice to the listing party.
Restricted Activities. Your Information
(or any services listed) and your activities on the Site shall
not:
(a) be false, inaccurate
or misleading; (b) be fraudulent or involve the sale
of illegal services; (c) infringe any third
party's
copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) violate
any law,
statute, ordinance or regulation (including, but not
limited to, those
governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising);
(e) be defamatory,
trade libelous, unlawfully threatening or unlawfully
harassing; (f) be obscene or contain child pornography;
(g) 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;
(h) create liability for us or cause us to lose (in
whole
or in
part) the services of our ISPs or other suppliers;
and (i) link directly or indirectly to or include descriptions
of
goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other services you have
available for sale
but
are priced lower than your services' minimum listed fees
or on
a web
site other than
Handi-Men.Com's (cc) and/or are concrrently listed for sale on a web site other than Handi-Men.Com (this does not prevent linking to
or advertising a Handi-Men.Com service item from another
web site); or (dd)
you do
not
have
a right to link to or include. Furthermore, you may
not list any item on the Site (or consummate any transaction
that
was
initiated using our service) that, by paying to us
the
feature listing fee or editor's pick commission, could
cause us to violate any
applicable law, statute, ordinance or regulation, or
that violates our
current Prohibited, Questionable and Infringing Items.
License. Solely to enable Handi-Men.Com to use the information
you supply us with, so that we are not violating
any rights you
might have in that information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free,
sublicensable
(through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights)
you
have in Your
Information, in any media now known or not currently
known, with respect to Your Information. Handi-Man.Com
will only use Your
Information in accordance with our Privacy Policy.
Access and Interference.
The Site contains robot exclusion headers.
Much of the information on the Site is updated on a real
time basis
and is proprietary
or is licensed to Handi-Men.Com by our users or
third parties. You agree that you will not use any robot, spider,
scraper or other automated
means to access the Site for any purpose without
our express
written permission. Additionally, you agree that
you will not: (i) take any action that imposes,
or may
impose in
our sole
discretion an unreasonable or disproportionately
large load on our infrastructure; (ii) copy, reproduce,
modify,
create
derivative works from, distribute or publicly display
any content (except for Your Information) from
the Site without
the prior
expressed written permission of Handi-Men.Com and the appropriate
third party, as applicable; (iii) interfere or
attempt to interfere
with the proper working of the Site or any activities
conducted on the Site; or (iv) bypass our robot
exclusion headers
or other measures we may use to prevent or restrict
access to
the Site.
Feedback.
Integrity. You may not take any actions that
may undermine the integrity of the feedback system.
We
may limit the
number of listings you may place on
the Site based upon
the level of your feedback. If you earn a net
feedback rating of
-4 (minus four - four valid complaints), your membership may be suspended,
and you may be unable to list your services.
Export. You acknowledge that your feedback
consists of comments left by other users and
a composite feedback
number
compiled by Handi-Men.Com, and that the composite
number without the comments does not convey your full
user profile.
Because feedback ratings are not designed for
any purpose other
than
for facilitating
between Handi-Men.Com users, you agree that
you shall not market or export your Handi-Men.Com feedback
rating in
any venue
other than
on an Handi-Men.Com operated website.
Import. We do not provide you the technical
ability to import feedback from other (non-Handi-Men.Com
operated)
websites to
the Handi-Men.Com site because a composite number,
without the corresponding feedback does not reflect your
true online reputation
within our community.
Breach.
Without limiting other remedies, we may limit
your activity, immediately remove listings, warn
our community of your actions, issue a warning, temporarily
suspend, indefinitely
suspend or terminate your membership and refuse
to provide our services to you if: (a) you breach
this
Agreement
or the documents it incorporates by reference;
(b) we are
unable to
verify or authenticate any information you provide
to us; or (c) we believe that your actions may
cause financial
loss or
legal liability for you, our users or us.
Privacy.
We do not sell or rent your personal information
to third parties for their marketing purposes
without your explicit
consent
and we only use your information as described
in the
Privacy Policy. We view protection of users'
privacy as a very
important business principle. 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
North America
that are protected by physical as well
as technological security devices. We use third
parties
to verify and
certify our privacy principles. Our current Privacy
Policy is available
at http://handi-men.com/privacypolicy.php.
If you object to your Information being transferred
or used in this way please do not use our services.
No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply
to you. This warranty
gives you specific legal rights and you may also have
other legal rights that vary from state to state.
Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF
OR IN CONNECTION WITH OUR SITE, OUR SERVICES
OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) $100. Some States do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply
to you.
Indemnity.
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law
or the rights of a third party.
Legal Compliance.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of our service and your purchasing services, listing, purchase, solicitation
of offers to purchase, and sale of items.
No Agency.
You and Handi-Men.Com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship
is intended, exists or is created by this Agreement. Warranties.Handi-Men.Com nor its partners, staff or ownership does not make any promise or warranty regarding business success from listing in Handi-Men.Com. Handi-Men.Com makes every effort to ensure excellent access and navigational assistance to listing members' sites and information. However, no further warranty of any kind is made, offered and stipulated.
Notices.
Except as explicitly stated otherwise, any notices shall be
given by postal mail to Handi-men.com Attn: Legal Department
2421 'O' Street., Omaha NE 68107 (in the case of Handi-Men.Com)
or
to the email
address you provide to Handi-men.com during the registration
process (in your case). Notice shall be deemed given 24 hours
after
email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you notice
by certified mail, postage prepaid and return receipt requested,
to the address provided to Handi-men.com during the registration
process. In such case, notice shall be deemed given 3 days
after the
date of mailing.
Resolution of Disputes. In the event a dispute arises between
you and Handi-Men.Com, our goal is to provide you with a neutral
and cost effective means of resolving the dispute quickly.
Accordingly,
you and Handi-Men.Com agree that any claim or controversy at
law or equity that arises out of this Agreement or our services
("Claims")
shall be resolved in accordance with one of the subsections
below or as otherwise mutually agreed upon in writing by the
parties. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution
and we will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as
mediation, as an alternative to litigation.
Binding Arbitration. For any Claim (excluding Claims for
injunctive or other equitable relief) where the total amount
of the award sought is less than $1,000, you or Handi-Men.Com
may elect to resolve the dispute through binding arbitration
conducted
by telephone, on-line and/or based solely upon written submissions
where no in-person appearance is required. In such cases, the
arbitration shall be administered by the American Arbitration
Association or JAMS in accordance with their applicable rules,
or any other established ADR provider mutually agreed upon
by the parties. Any judgment on the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by
a court of competent jurisdiction located in Douglas County,
Nebraska or where the defendant is located (in our case Omaha,
Nebraska, and in your case your home address or principal
place of business). You and Handi-Men.Com agree to submit to
the personal jurisdiction of the courts located within the
county
of Douglas, Nebraska.
Alternative Dispute Resolution. Alternatively, Handi-Men.Com
will consider use of other alternative forms of dispute resolution,
such as binding arbitration to be held in Douglas County,
Nebraska or another location mutually agreed upon by the
parties.
All Claims (excluding requests for injunctive or equitable
relief) between the parties must be resolved using the dispute
resolution mechanism that is selected in accordance with this
Section by the first party to file a Claim. Should either party
file an action contrary to this Section 17, the other party
may recover attorneys' fees and costs up to $1000, provided
that the party seeking the award has notified the other party
in writing of the improperly filed Claim, and the other party
has failed to withdraw the Claim.
Additional Terms.
This Agreement shall be governed in all respects by the laws
of the State of Nebraska as such laws are applied to agreements
entered into and to be performed entirely within Nebraska
between Nebraska residents. We do not guarantee continuous,
uninterrupted or secure 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 Handi-men.com in accordance with the section of
this agreement which discusses "Notices", in our sole discretion,
Headings are for reference purposes only and in no way define,
limit,
construe
or describe
the
scope or extent of such section. 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. Sections 2 (Fees
and Services) with respect to fees owed for our services including
Release, License, Access and Interference, Liability
Limit, Indemnity
and Resolution of Disputes shall
survive any termination or expiration of this Agreement.
Disclosures.
The services hereunder are offered by Handi-Men.Com, located
at 2421 O Street Omaha, NE 68107. If
you are a Nebraska resident, you may have this same information
emailed
to you
by sending a letter and a self addres stamped envelope to the
foregoing address with your email address and a request for
this information.
Commercially available parental control protections (such
as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access
to material that is harmful to minors. If you are interested
in learning more about these protections, information is available
at http://www.safetysurf.com/ or other analogous sites providing
information on such protections. The preceding link is provided
for information purposes only, and is not intended as an endorsement
of SafetySurf.com's Internet site, services, or policies. Handi-Men.Com
is not affiliated with SafetySurf.com.
Disputes between you and Handi-Men.Com regarding our services
may be reported to Customer Support by going to http://handi-men.com/help/new/customer-support.html.
We encourage you to report all user-to-user disputes to your
local law enforcement, postmaster general, or a certified mediation
or arbitration entity.
Copyright © 2004, Rev 2005 Handi-Men.Com. All Rights Reserved.
Designated trademarks and brands are the property of their
respective owners. Use of this Web site
constitutes acceptance of the Handi-Men.Com User Agreement and Privacy Policy.
Back to Top
|