This is an important document which you must consider carefully when choosing whether to use the FortMillHandyman.com website at any time.
[Effective Date: November 16, 2019]
THE FOLLOWING DESCRIBES THE TERMS ON WHICH FORTMILLHANDYMAN.COM WE OFFERS YOU ACCESS TO OUR SERVICES. NOTE THAT BINDING ARBITRATION IS REQUIRED TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, OUR SERVICES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
Acceptance of User Agreement
The terms and conditions stated herein (collectively, These Terms of Service (this “Agreement”) constitute a legal agreement between you and Fort Mill Handyman, LLC (dba Fort Mill Handyman), a SOUTH CAROLINA limited liability corporation or the appropriate entity (the “Company”). By using or receiving any services supplied to you by the Company or by using any of the properties owned or operated by Fort Mill Handyman, LLC (websites, mobile application, telephone service or other) (together with the website located at https://fortmillhandyman.com/, our services and our properties, collectively, the “Service”), and or downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use in connection with the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://fortmillhandyman.com/tos or through the Service. If you do not agree to this Agreement, please do not use the Services or the Software.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. You waive any right you may have to receive specific notice of such changes.
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at email@example.com
THE COMPANY DOES NOT PROVIDE HOME SERVICES, AND THE COMPANY IS NOT A HOME SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY HOME SERVICE PROVIDER TO OFFER HOME SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY HOME SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE HOME SERVICES OR ACT IN ANY WAY AS A HOME SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY HOME SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
By providing your contact information through the Service, you are requesting to be (and you expressly consent to be) contacted by the Company, the Company’s service providers and home service providers, as the case may be.
You consent to be contacted by telephone, email, mail, text (SMS) messaging, fax, or other reasonable means at any of the residential or mobile phone numbers or addresses you provide, even if they are listed on a national “do not call” or “do not contact” list.
You agree that these communications may include prerecorded, artificially voiced or autodialed telemarketing messages, and that they may be monitored and recorded for quality assurance and other reasons.
You agree that these parties may contact you for purposes of providing the Service or the services you have requested, marketing, servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Service.
Your consent to receive marketing communications is not required as a condition of purchasing any goods or services.
FortMillHandyman.com is Only a Venue; No Liability for Home Service Providers
The Service is a communications platform for enabling the connection between individuals seeking to obtain Home Services and/or individuals or companies seeking to provide Home services. The Company does not provide home services, and while home services may be scheduled through the Service, it is third-party home service providers who offer and provide the home services. The Company has no responsibility or liability for any services or information provided to you by home service providers or any other third party, or for any of their acts or omissions.
The Company does not sponsor, endorse, recommend or approve any home service provider who offers products or services through the Service. The Although the Company checks certain aspects of the backgrounds and experience of Home service providers via third party background check services and other sources, however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality, or suitability or security of such any home service providers or that they are licensed, qualified, bonded or insured. When interacting with Home Service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. When you work with home service providers, your rights will be governed by your contract with them and by applicable federal, state and local laws. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved.
NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT ACTIONS OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY HOME SERVICE PROVIDER OR OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE CAUSED BY OR RESULTING FROM THE ACTIONS OR OMISSIONS OF HOME SERVICE PROVIDERS OR ANY OTHER THIRD PARTY.
All statements concerning insurance, licenses, and bonds are informational only. , and are self-reported Since this information is self-reported by home service providers and insurance, licenses and bonds can expire and can be cancelled, homeowners should always check such information for themselves.
User Representations and Warranties
By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old (or the age of majority in the jurisdiction in which you live, if greater) and otherwise capable of entering into binding contracts. If you are accessing and using the Service or the Software on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. In that situation, “you” and “your” will refer to both you and that entity. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
Your participation in using The Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. By using the Software or the Service, you agree that:
License Grant and Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You may only access the Service using authorized means. and may not use, or attempt to use, the Service or the Software in any way not intended by the Company. Without limiting the generality of the foregoing, you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software or any content therein; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Service or the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build or a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) harvest or scrape any information or content contained on or in the Service or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which that may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software; . You may use the Software and Service only for your personal, non-commercial purposes and shall not: (i) (vii) send spam or otherwise duplicative or unsolicited messages; in violation of applicable laws; (ii) (viii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to material harmful to children or violative of third party privacy rights; (iii) (ix) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ivx) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (vxi) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Account Information. Completing a free estimate requires that you submit your personal information which is required to receive or use certain aspects of the Service. When you submit a request for home services, you will be required to provide with certain personal information. You agree to keep your account information complete, accurate and current at all times. By requesting more information and submitting your information, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Service. You agree to notify us immediately of any unauthorized use of your account.
The Service may permit you and other users and home service providers to submit reviews, comments and other information (individually and collectively, “User Submissions”). The person submitting a User Submission, and not the Company, is solely responsible for that person’s User Submission and the consequences of submitting it. The Company does not approve, control or endorse any User Submission. However, the Company reserves the right (but has no obligation) to pre-screen, refuse, remove or modify any User Submission for any reason, in its sole discretion.
You represent that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You grant the Company a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in any form and any medium. We will not pay you or otherwise compensate you for User Submissions.
You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by the Company.
Accuracy of Information
The Company makes no representation or warranty about the accuracy or suitability of User Submissions or any other information displayed through the Service or the Software. The Company will use commercially reasonable efforts to promptly update any incorrect information when it is notified or otherwise become aware of such inaccuracy.
Any fees which that the Company may charge you for the home services booked through the service are due immediately upon completion of your service and are non-refundable. This no- refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our service (either planned, accidental or intentional), or any other reason whatsoever. The Company may change the fees charged for the Service, or home services booked through the Service, as we deem necessary, and reserves the right to determine final prevailing pricing. – Please note the pricing information quoted may not reflect the prevailing pricing.
The Company, at its sole discretion, make promotional offers to any of our customers. These offers may have with different features and different rates for different customers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Insurance and Licensce Statements
All statements concerning insurance, licenses, and bonds are informational only, and are self-reported. Since insurance, licenses and bonds can expire and can be cancelled, homeowners should always check such information for themselves.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software (“Feedback”), you hereby assign assign and shall assign to the Company all right, title and interest thereto. all right, title and interest thereto.
Telephone Calls and Other Communications.
When you contact the Company, when we contact you, or when you communicate with a service provider through the Service, the Company may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Privacy; DMCA Policy
DMCA; Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service or Software should be sent to the
Fort Mill Handyman, LLC
440 Hollyhock Lane
Fort Mill, SC 29078
By Email: firstname.lastname@example.org
Third Party Content and Interactions
The Service and the Software may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Content”). These Third-Party Materials are not owned or controlled by the Company. The Company does not endorse, sponsor or recommend, and does not have liability, obligation or responsibility for, any Third-Party Content.
During use of the Software and the Service, you may enter into correspondence with contact or be contacted by, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing offering their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third -party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence contact, purchase, transaction or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold the Company, its affiliates, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys representatives and agents (collectively, the “Company Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of Home Services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) or the Software and (ii) refuse any and all current and future use of the Service or the Software, or suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or the Software. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY OF ANY KIND WITH RESPECT TO THE SERVICE OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE, (INCLUDING ANY HOME SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY HOME SERVICES), WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE INFORMATION AVAILABLE THROUGH THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE AND THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS PARTIES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY HOME SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING HOME SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY HOME SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY HOME SERVICE PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SOFTWARE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF SOUTH CAROLINA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.” THE QUALITY OF THE HOME SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH HOME SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE, YOU MAY BE EXPOSED TO HOME SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE, AND SUCH THIRD PARTY HOME SERVICES, AT YOUR OWN RISK. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
By using the Service or Software, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Service or Software.
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): FortMillHandyman.com, 440 Hollyhock Lane, Fort Mill, SC 29708, addressed to the attention of: Chief Executive Officer. Notices to the Company shall be deemed given when received by the Company.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the State of South Carolina and the United States of America, without regard to its conflict-of-law provisions. You and the Company agree to submit to the personal jurisdiction of a state court located in Fort Mill, South Carolina or a United States District Court, located in Fort Mill, South Carolina, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
BINDING ARBITRATION. If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service or Software (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right (i) to bring an individual action in small claims court; or and (ii) to seek injunctive or other equitable relief on an individual basis in a state court located in Fort Mill, South Carolina or a United States District Court located in Fort Mill, South Carolina a federal or state court in York County, South Carolina, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in York County, South Carolina. You and the Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the South Carolina state and Federal courts located in Fort Mill, South Carolina have exclusive jurisdiction and you and the Company agree to submit to the personal jurisdiction of such courts.
You and the Company agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” above, if any portion of the section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” above is found to be illegal or unenforceable, neither you nor the Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Fort Mill, South Carolina, and you and the Company agree to submit to the personal jurisdiction of that court. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of South Carolina, without regard to choice of law principles.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
You accept that, as a limited liability corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Breaches of these terms and conditions this Agreement
Without prejudice to the Company’s other rights under these terms and conditions this Agreement, if you breach these the terms and conditions of this Agreement in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.
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