Terms, conditions and cancellation policy

Last updated: July 16, 2012

Thank you for visiting our Website, and reviewing our Website Terms and Conditions.



This Terms of Use Agreement sets forth the standards of use of Handdy.com (Website/Website application/Apps/Applications/Website software) which is operated by Handdy.com Inc (Handdy or We). By using the Website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Handdy website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.



Ownership, Copyright and Trademarks

The Website application, Services, all Content generated by Handdy is used to create and operate the Website is the property of Handdy or its licensors, and is protected by US and international copyright laws, and all rights to the Services, such Content and Website software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation.



You acknowledge that any and all information voluntarily posted or submitted by you, including but not limited to reviews, blog posts, forum posts, comments, suggestions, ideas, questions, know-how, techniques ("collectively, "Content"), is and will not be considered as confidential or proprietary. You acknowledge that any and all Content provided by you does not contain information that is defamatory, illegal, infringing on any intellectual property rights, or injurious to any party. By voluntarily posting or submitting your Content, you grant Handdy and its affiliates a non-exclusive, perpetual, royalty-free, worldwide, licensable, and irrevocable right to use, publish, distribute, translate, create derivative works, adapt, sell, perform, reproduce, reverse-engineer, recompile, modify, and display Content. You also grant Handdy and its affiliates the right to use the name you submit in association with your Content and the right, but not obligation, to remove or edit your Content for any reason.



Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your Content may cause to you or other people. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Website, including through the Handdy API or an Add-on You agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.



Fees; Charges; Taxes

If fees is charged for use of the Website application and for any Add-ons that are described on the Site, it may change from time to time. If we change them, we will give you at least 30 days' notice. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.



Delivery of software service

You can start to use this Web based software immediately after you register. In cases where a credit card is needed, you can access after your credit card has been accepted for payment. If you have signed up for a free account, promotional account or a beta account you can start to use the software online immediately after you complete your online registration.



Cancellation or Closing your account

If you are using a free account: You can close your account by sending an email to support@handdy.com If you are using a paid account: To cancel and close your paid account, please send an email to info@handdy.com and request to cancel or close your account. Your credit card will not be charged the following month. You need to send this notification mail 5 business days prior to the end of the month. Any requests which are received during the last 5 business days of the month will be processed the following month and your account will be cancelled the next month.



Return and Refund

You don't need to and cannot return this product as this software product is available to use only on the Web. There is no refund available for the software. Your software account can be cancelled anytime as per the information provided in this cancellation or closing your account section.



Suspension and closure by us

If you (or any other user of the Account Holder's account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's Handdy.com account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Handdy.com account (including accounts opened during any 'free trial' or 'beta trial' period) for any reason, by giving one month notice.



Ownership, Copyright and Trademarks

The Website application, Services, all Content generated by Handdy is used to create and operate the Website is the property of Handdy or its licensors, and is protected by US and international copyright laws, and all rights to the Services, such Content and Website software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation.



You acknowledge that any and all information voluntarily posted or submitted by you, including but not limited to reviews, blog posts, forum posts, comments, suggestions, ideas, questions, know-how, techniques ("collectively, "Content"), is and will not be considered as confidential or proprietary. You acknowledge that any and all Content provided by you does not contain information that is defamatory, illegal, infringing on any intellectual property rights, or injurious to any party. By voluntarily posting or submitting your Content, you grant Handdy and its affiliates a non-exclusive, perpetual, royalty-free, worldwide, licensable, and irrevocable right to use, publish, distribute, translate, create derivative works, adapt, sell, perform, reproduce, reverse-engineer, recompile, modify, and display Content. You also grant Handdy and its affiliates the right to use the name you submit in association with your Content and the right, but not obligation, to remove or edit your Content for any reason.



Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your Content may cause to you or other people. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Website, including through the Handdy API or an Add-on, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.



For certain Handdy applications you may provide password access to authorized users. An authorized user is a user designated by you via the add staff section of our applications. Such authorized users may have access to the information and perform various tasks as instructed by the you which include but not limited to sharing information, sending information on behalf of you, managing estimates, entering payments and so on. You are solely responsible to monitor the people you have give access to your application.



Confidentiality

You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information



Third Party Links and Content

This Website and Apps may contain links to other websites provided by third parties who offer products and services. These links can also be a part of our promotional activities. Such this party sites are completely independent of this Site and as we have no control over them. We accept no liability in respect of your use or inability to use them or any of the content of such third party sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked from this Site. We also do not endorse any of these sites or their products and services. If you select, purchase, use or enter into a binding contract with any such third party Site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those third party sites.



Warranty Disclaimer

This site, including any content or information contained within it or any site-related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non infringement. You assume total responsibility and risk for your use of this Website, Website-related services, and hyperlinked websites.



Handdy its affiliates, partners and vendors are neither responsible nor liable to you for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Website, site-related services, content or information contained within the Website, and/or any hyperlinked Website. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, and so the above limitations or exclusions may not apply to you. in such states, our responsibility and that of our third-party content providers and their respective agents shall be limited to the fees paid for our services and software.



Although Handdy attempts to ensure the integrity and accurateness of the Website software and services, Handdy makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website, instructions or other information could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform support@handdy.com so that it can be corrected. Information and functionality contained on the Website may be changed or updated without notice.



Release

Handdy is not a party to any agreements entered into between you and its vendors or partners and has no control over the quality of products or services provided by those vendors or partners. You agree that you release Handdy, its officers, directors, employees or agents from all claims, demands and damages of every form, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with your relationship with the vendors or partners, or the products or services provided by the vendors or partners, or any actions of the vendors or partners. Handdy shall also not be liable for any claims or actions brought by its vendors or partners against you.



Privacy Policy

Information voluntarily provided by you is governed by our privacy policy posted on our Site. Please review our privacy policy before you proceed to use this Site.



Choice of Law and Venue

These Terms and Conditions are shall be governed by and construed in accordance with the laws of the State of Pennsylvania, exclusive of its choice of law rules. Any disputes, controversies or claims arising out of or relating to these Terms and Conditions shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.



Limitation of Liability

Handdy shall not be liable for any damages whatsoever. In particular Handdy shall not be liable for any special, indirect, direct, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Website or the information contained in it. Whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Handdy has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.



Indemnification

You agree to indemnify and hold Handdy its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by you or any third party due to or arising out of your use of the Website and Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.



Modifications and Interruption to Service

Handdy reserves the right to modify or discontinue the Website with or without notice to you. Handdy shall not be liable to you or any third party should Handdy exercise its right to modify or discontinue the Website and services. You acknowledge and accept that Handdy does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.



API, widget, plugin, or extension access

Handdy may make available external products for accessing the Handdy.com API (application program interface) such as code samples, widgets, plug-ins, etc., and third-party developers are also encouraged to build their own. Third-party developers may request a developer key for their application free of charge by sending an email to support at Handdy.com.



You agree that any use of the Handdy API, whether through Website or a third-party product, is bound by the terms and conditions of this agreement plus these additional terms:


  1. You understand and agree that Handdy shall not be liable for any financial or data loss resulting from use of the API or third-party products that access data via the API.
  2. No guarantees as to the degree of uptime for the API is given, though reasonable attempts will be made to keep it regularly available. Handdy reserves the right to modify or discontinue the API with or without notice.
  3. Abuse or excessive access to the API may result in suspension of an individual's access or the access of a particular application.

No Unlawful or Prohibited Purpose

As a condition of your use of this Website, you warrant to Handdy that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. Handdy retains the right, at our sole discretion, to immediately terminate any accounts involved with botnets, spamming and related misuse activities. Handdy reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.



We appreciate you signing up as our user. We value your business and look forward to your suggestions, comments and participation in our social media area (blog, forum and facebook pages).



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