TERMS AND CONDITIONS

For HandzForHire

 

1. Who We Are.

“HANDZFORHIRE, LLC” is a limited liability company organized and existing under the laws of the State of Florida with a doing business name of “HANDZ FOR HIRE” (hereinafter known as “HandzForHire”) and owns and operates the website and mobile internet site with the URL: www.handzforhire.com and the mobile application titled “HandzForHire” (hereinafter “Sites and Services”.)  HandzForHire helps Consumers research, hire, rate and review of variety of service contractors and providers, who may or may not be licensed professionals (hereinafter “Contractors”.)

 

2. Some Definitions.

The terms are defined as follows:

“Account” means any information you submit to register on the Sites and Services, including but not limited to, user names, passwords, electronic mail addresses, credit card numbers and billing address.

“Consumer” means the person who is hiring and paying for the Contractor to perform work for them.

“Content” means your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services.

“We” and “us” means HandzForHire, LLC, HandzForHire, or any successor or assignee of HandzForHire, LLC.

“Website” means the website and mobile internet site with the URL: www.handzforhire.com.

“You” and “user” mean all individuals and businesses visiting the Website and/or using the mobile application, whether in hiring or promoting services.

 

3. Modifications.

We reserve the right to modify these “Terms and Conditions” and any policies affecting the Website and mobile application at any time. Any modification is effective as of the earlier of:

(a) The posting of the modification or new Terms and Conditions on the Website and mobile application;

or

(b) The distribution via electronic mail of the modification or new Terms and Conditions.

Your continued use of the Website or mobile application for more than 30 days following the effective date of any modification to these Terms and Conditions shall be conclusively deemed an acceptance of all such modification(s).

 

4. Eligibility.

We require that Consumers be at least eighteen (18) years of age. By using the Sites and Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Sites and Services does not violate any applicable law or regulation. Your uploaded Content may be deleted and your Account may be terminated without warning, if we believe you are under eighteen (18) years of age.

We require that Contractors be of eligible age to perform such services under the laws then in place in the State of Florida.

 

5. Purpose.

We own and operate the Website and mobile application known as “HandzForHire.” We offer Content to Consumers in order for them to hire Contractors and for Contractors to obtain work through services being sought after by Consumers. We reserve the right to add, change and remove Sites and Services and Content at our discretion.

 

6. Fees and Costs.

To access our Sites and Services, you are not required to pay any sort of “Subscription Fee”, you only have to create an Account.  However, whenever payment is made to hire a Contactor, there will be a Convenience Fee of $1.00 per transaction.  Further, if you are using a credit card to pay, there will be a processing fee added to the transaction.  The processing fee will depend on the type of credit card used as different credit cards charge a different fee.  We reserve the right to change and fee or cost at any time at our discretion by providing thirty (30) days prior notice.

 

7. Contractors and Consumers

HandzForHire does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Contractor. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Contractor, HandzForHire is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Contractor, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Contractor exclusively and do not involve HandzForHire. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Contractors. Third parties and Contractors may link or otherwise direct users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Contractor websites. HandzForHire does not control or operate any such third party or Contractor websites. Any information you provide to these third party or Contractor websites while on these third party or Contractor websites is subject to the respective policies of those third parties or Contractors, and not HandzForHire’s policies. It is your responsibility to review such third party or Contractor policies, including any relevant privacy policies. You agree that HandzForHire will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. HandzForHire does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Contractor sites. You use these third party or Contractor websites at your own risk. You agree that HandzForHire is not responsible for the accessibility or unavailability of any Contractor or for your interactions and dealings with them, waive the right to bring or assert any claim against HandzForHire relating to any interactions or dealings with any Contractor, and release HandzForHire from any and all liability for or relating to any interactions or dealings with Contractors. Without limiting the foregoing, your correspondence or business dealings with, services of, or participation in promotions of, third parties or Contractors found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that HandzForHire shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Contractors on the HandzForHire Sites and Services.

Furthermore, HandzForHire does not endorse or is not responsible for the actions, ratings, credit worthiness, payment timeliness, or payment authenticity of the Consumers who hire the Contractor.  You agree that HandzForHire is not responsible for the accessibility or unavailability of any Consumer or for your interactions and dealings with them, waive the right to bring or assert any claim against HandzForHire relating to any interactions or dealings with any Consumer, and release HandzForHire from any and all liability for or relating to any interactions or dealings with Consumer. Without limiting the foregoing, your correspondence or business dealings with, services of, or participation in promotions of, third parties or Consumers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Consumer. You agree that HandzForHire shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Consumer on the HandzForHire Sites and Services.

 

8. Password.

You will provide a password to allow you to access the Sites and Services. You will not share your password with any other party. You will be responsible for any use of your password by any other party.

 

9. Proprietary Rights Owned by Us.

You acknowledge that we, or our suppliers, own all proprietary rights in the Sites and Services and the mobile application including, but not limited to, any patents, trademarks, service marks, and copyrights.

 

10. Proprietary Rights Owned by You.

You represent and warrant to us that you will not upload any Content to the Website and mobile application unless you are the owner of all proprietary rights in that Content and have obtained releases for all related privacy and publicity rights.

 

11. Restrictions.

You agree to the following:

(a) You will not reprint, republish or distribute in any way any information or materials found on the Website or mobile application.

(b) You will not use any of the information on the Website or mobile application for sending emails or for solicitation purposes or for any other purposes involving solicitation in any way.

(c) You will not provide to us or post on the Website or mobile application any information that is not correct, such as an incorrect name, address, email address, or any other incorrect information.

(d) You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive, or hateful.

(e) You will not share your password.

(f) You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way used or downloaded from the Website, mobile website or mobile application.

(g) You will not post any materials on our Website or mobile application in violation of any other party’s rights, including, but not limited to, copyrights or privacy and publicity rights.

(h) You will access, download from and upload to the Website or mobile application and use the Services only for your own personal non-commercial use and not for the benefit of any other party or for an organization or other entity or to set up a competing business.

(i) You will follow our instructions regarding your use of the Website or mobile application including, but not limited to, any instructions we provide to you regarding postings to the Website, mobile website or mobile application.

 

12. Termination and Removal.

HandzForHire may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that HandzForHire reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that HandzForHire may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to HandzForHire. All provisions of these Terms and Conditions which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

 

13. User Disputes.

You are solely responsible for your interactions with Contractors and Consumers, as the case may be.

 

14. Disclaimers.

We are not responsible for any Content, Contractor’s services or Consumer’s behavior. Inclusion of any link from our Website or mobile application to another website or mobile internet site does not imply approval or endorsement of the linked website or mobile internet site by us. When you access Content or any third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on the Website, mobile website or mobile application, nor do we take any responsibility for the goods or services provided by advertisers or Contractors. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers’ computer equipment, or software. We are not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. We are not responsible for any injury or damage to any person’s computer or mobile phone related to or resulting from use of the services including downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the services or attendance at an event, from any Content posted on or through the services, or from the conduct of any users of the services, whether online or offline. The services are provided “AS-IS” and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the services.

 

15. No Warranties.

You acknowledge that HandzForHire has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release HandzForHire from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. HandzForHire makes no representations concerning any content contained in or accessed through the Sites and Services, and HandzForHire will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. HandzForHire makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HANDZFORHIRE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HANDZFORHIRE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL HANDZFORHIRE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL HANDZFORHIRE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HANDZFORHIRE OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, HANDZFORHIRE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HANDZFORHIRE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

HANDZFORHIRE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HANDZFORHIRE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

HandzForHire has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release HandzForHire from all liability for you having acquired or not acquired Content through the Sites and Services. HandzForHire makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and HandzForHire will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because HandzForHire has no control over such sites and resources, you acknowledge and agree that HandzForHire is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that HandzForHire shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

16. Links.

You acknowledge that we have not reviewed the content of all sites linked to or from the Website or mobile application and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.

 

17. Indemnity.

You agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website, mobile website or mobile application. You further agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by you, or any individual using your password, of any of the terms of this Agreement.

 

18. Reporting Violations.

If you become aware that any other person is violating any of the terms and conditions of this Website, mobile website or mobile application, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website or mobile application has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.

19.  Notices

You agree that HandzForHire may communicate any notices to You under these Terms and Conditions, through electronic mail, regular mail or posting the notices on the Site. All notices to HandzForHire will be provided by either sending: (i) an email to support@handzforhire.com; or (ii) a letter, first class certified mail, to HandzForHire, 130 Corridor Road #1382, Ponte Vedra Beach, FL 32004, Attn: Claims Department. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), HandzForHire will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).

Our Designated Agent is: John H. Herrigel III, 130 Corridor Road #1382, Ponte Vedra Beach, FL 32004 Attn: John H. Herrigel III Email: support@handszforhire.com

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: 1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site; 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; 5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and 6. a statement that the information in the notification 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. HandzForHire will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

20. Assignments.

You may not assign any of your rights under this Agreement. We may assign all rights to any other individual or entity at our discretion.

 

21. Compliance With Law.

In using the Service, you agree that you will comply with all applicable laws.

22. Applicable Law and Jurisdiction.

This Agreement will be governed by the laws of the State of Florida. Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Jacksonville, Duval County, Florida and agrees that that party is subject to jurisdiction of such courts in such locality.

 

23. Force Majeure.

We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the internet or any third party internet Contractors.

 

24. Survivability.

The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

 

25. Severability.

The unenforceability or invalidity of any term, provision, section, or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections, or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

 

26. Interpretation.

The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

 

 

27. Entire Agreement.

This Agreement embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations, and understandings between the parties relating to the subject matter of this Agreement.

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Copyright 2019 Handz for Hire 

CONTACT US:

 

info@handzforhire.com