Terms of Service
ProHandymanWebsites.com is a site specifically for handymen. By signing up you agree that you in fact run a handyman business and would classify yourself as a handyman.
The following terms and conditions govern all use of the Pro Handyman Websites website and all content, services and products available at or through the website. The Website is owned and operated by Motion Direct. (“Motion Direct”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Pro Handyman Websites (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pro Handyman Websites, acceptance is expressly limited to these terms.
1. Your Pro Handyman Websites Account and Site. If you create a site on Pro Handyman Websites, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pro Handyman Websites may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pro Handyman Websites liability. You must immediately notify Pro Handyman Websites of any unauthorized uses of your site, your account or any other breaches of security. Pro Handyman Websites will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if someone else has rights to intellectual property you create, you have either (i) received permission from them to post or make available the Content, including but not limited to any software, or (ii) secured from your them a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods; your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pro Handyman Websites or otherwise.
By submitting Content to Pro Handyman Websites for inclusion on your Website, you grant Pro Handyman Websites a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Pro Handyman Websites will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Pro Handyman Websites has the right (though not the obligation) to, in Pro Handyman Websites’s sole discretion (i) refuse or remove any content that, in Pro Handyman Websites’s reasonable opinion, violates any Pro Handyman Websites policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pro Handyman Websites’s sole discretion. Pro Handyman Websites will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. ‘Pro’ level paid services are available on the Website. By selecting the Pro plan you agree to pay Pro Handyman Websites the monthly fees indicated for that service. Payments will be charged on the day you sign up for the plan and will cover the use of the plan for a monthly period as indicated. Pro plan fees are not refundable.
4. Fees and Payment (continued). By signing up for a ‘Pro’ level account you agree to pay Pro Handyman Websites the fees indicated in exchange for the services. Applicable fees will be invoiced starting from the day your ‘Pro’ account is established. ‘Pro’ accounts can be canceled by you at anytime through the ‘Account’ link. Support. ‘Pro’ accounts include access to our support ticketing system. “support ticketing system” means the ability to make requests for technical support assistance through your admin back end at any time (with reasonable efforts by Pro Handyman Websites to respond within one business day) concerning the use of the ‘Pro’ account. All ‘Pro’ account support will be provided in accordance with Pro Handyman Websites practices, procedures and policies.
5. Responsibility of Website Visitors. Pro Handyman Websites has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Pro Handyman Websites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pro Handyman Websites disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Pro Handyman Websites links, and that link to Pro Handyman Websites. Pro Handyman Websites does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non Pro Handyman Websites website or webpage, Pro Handyman Websites does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pro Handyman Websites disclaims any responsibility for any harm resulting from your use of non Pro Handyman Websites websites and webpages.
7. Copyright Infringement and DMCA Policy. As Pro Handyman Websites asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pro Handyman Websites violates your copyright, you are encouraged to notify Pro Handyman Websites. Pro Handyman Websites will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Pro Handyman Websites or others, Pro Handyman Websites may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Pro Handyman Websites will have no obligation to provide a refund of any amounts previously paid to Pro Handyman Websites.
8. Intellectual Property. This Agreement does not transfer from Pro Handyman Websites to you any Pro Handyman Websites or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pro Handyman Websites. Motion Direct, Pro Handyman Websites, http://ProHandymanWebsites.com, the Pro Handyman Websites logo, and all other trademarks, service marks, graphics and logos used in connection with Pro Handyman Websites, or the Website are trademarks or registered trademarks of Pro Handyman Websites or Pro Handyman Websites’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pro Handyman Websites or third-party trademarks.
9. Changes. Pro Handyman Websites reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pro Handyman Websites may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Pro Handyman Websites may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pro Handyman Websites account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a ‘Pro’ account, such account can only be terminated by Pro Handyman Websites if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pro Handyman Websites’s notice to you thereof; provided that, Pro Handyman Websites can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. Pro Handyman Websites and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pro Handyman Websites nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Pro Handyman Websites, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pro Handyman Websites under this agreement during the twelve (12) month period prior to the cause of action. Pro Handyman Websites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. Indemnification. You agree to indemnify and hold harmless Pro Handyman Websites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Pro Handyman Websites and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pro Handyman Websites, or by the posting by Pro Handyman Websites of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pro Handyman Websites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.