Terms

Community Members and Non-registered Users

Welcome to HandyAmerican.com (the “Website”), a website owned by Handy American (“HA” and sometimes referred to as “we”, “us” or “our”).  This Website is a service offered by HA.  These terms and conditions constitute an agreement between you and HA (the “Agreement”).

This Agreement, among other things, describes your access and use of the Website and related services offered by HA on or through the Website (the “Services”), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use.  This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties and assumptions that may ordinarily apply to your access and use of the Website. Please read this Agreement carefully before agreeing to be bound by its various provisions. It is a condition of registration as a member and a condition of your use of the Website that you agree and be bound by this Agreement.  By accessing, browsing and/or using this Website, you are signifying your consent to be bound by this Agreement.  If you do not agree to be bound by this Agreement, exit the Website.

1. General Disclaimer and Limitation of Liability

Among other things this Website acts as a venue for persons looking to retain the services with respect to certain construction and/or renovation projects to post job opportunities and for contractors and suppliers and service providers to post profiles, portfolios and advertisements for their goods and services.  You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk.

HA makes no representation or warranty of any kind regarding:

(i)         the Website;

(ii)       the Services; and/or

(iii)      any information, content and/or materials available on or through the Website, including, without limitation, catalogues, listings, advertisements, postings, requests for proposals, job requests, project listings, proposals, quotes, testimonials, articles, instructions, specifications, guidelines, summaries, manuals, tips, advice, recommendations, referrals, reviews, ratings and rebuttals (collectively, the “Content”);

all of which are provided on an “AS IS” basis and any use thereof or reliance thereon is at your sole risk. HA does not screen, censor or verify the accuracy, completeness, safety, legality or usefulness of any Content, or whether Content is current and up-to-date, and HA shall have no liability whatsoever with respect to your use of or reliance upon any Content or for Content being removed or otherwise ceasing to be available.  You acknowledge and understand that use and/or implementation of some Content may result in personal injuries and/or death and that any construction, renovation or repair work should only be undertaken by competent and qualified persons.   You further acknowledge and understand that construction, renovation and/or repair requires additional information and knowledge than that provided on the Website and Content and that you should not rely on Content alone with respect to any construction, renovation and/or repair work.  You acknowledge and understand that construction and building requirements may vary from one location to another and that you should confirm which laws and other requirements apply to you and any project you may undertake.

HA expressly disclaims all representations, warranties and conditions relating to the Website, Services, Content, third party and/or any third party website, content, good, service or materials, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose, continuity, availability, reliability, performance and those arising by statute or otherwise in law or from a course of dealing or usage of trade. HA does not warrant that this Website will continue to operate, operate without interruptions or that it will be error-free or meet any performance or any other service levels.

Without limitation to the generality of the foregoing, HA does not screen, censor or verify the listings offered or otherwise made available on or through the Website or provided in conjunction with the delivery of Services. As a result, HA has no control over the quality, safety or legality of the project or contractor listings posted, the truth or accuracy of the listings or the ability of anyone to meet or satisfy any claims and warranties made in listings, including, without limitation any licensing requirements, insurance coverage, certification, prior experience or general competence and capabilities. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Website.   You acknowledge and understand that you should undertake your own research, investigations, inquiries and due diligence with respect to any project and with respect to any potential supplier.

Because user authentication on the Internet is difficult, HA cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of users of this Website, in the event that you have a dispute with one or more users, you release HA (and its shareholders, directors, employees, agents and representatives) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

HA is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. HA does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, completeness or usefulness of the Content or about the results to be obtained using the Content. The use of the Website, the Services and the Content is at your own risk. Changes are periodically made to the Website, the Services and/or Content and may be made at any time.

This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals and rebuttals. You agree that HA shall have no liability whatsoever for any such third party material, data and/or information or any use, reproduction and/or distribution thereof and/or reliance thereon.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting or other content placed by you on the Website.

HA shall not be responsible for any contracting or procurement decisions, for whatever reason, made with respect to, in conjunction with or in reliance of, any listing, posting or other Content available on or through the Website or obtained and/or provided in conjunction with the Services.

You agree that HA and any third party mentioned on this Website will not be responsible or liable for any loss or damages whatsoever, including without limitation direct, indirect, incidental, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, data or Content, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this Website, any Content, or any linked website of a third party (and related third party services and/or content), even if HA, or such a third party has been advised of the possibility of such damage or loss.

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy. The limitations of liability and disclaimers in this Agreement also apply to HA’s licensors and service providers who shall have the benefit thereof.

Without limitation to the generality of the foregoing, in using HA’s service, you acknowledge that HA is not acting as your general contractor, agent, or advisor. It is therefore your sole responsibility to conduct your research, make your investigations and inquiries, select a contractor and negotiate the terms for any project to be undertaken. You should consult with appropriate experts and/or advisors (such as a lawyer, architect, accountant, financial advisor, urban planner and/or insurance broker). HA does not recommend or endorse any specific service provider, provide any advice on which service provider to select or on how to select a service provider, verify any individual service provider’s personal credit or legal standing or undertake any form of screening of any service provider which accesses or advertises on this Website or is otherwise mentioned, listed and/or featured on this Website.

Should you have a dispute with any service professional or supplier, you must resolve such dispute with such service professional or supplier directly, and you hereby agree not to involve HA in any matter whatsoever in any such dispute, including, without limitation, requiring HA’s attendance or participation (or that of any HA shareholder, director, employee, agent and/or representative) in any legal proceeding.

Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from deliberate or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.  To the extent the foregoing limitation and exclusions of liability are not enforceable or not fully enforceable, to the extent permitted by applicable laws, you agree that HA’s aggregate liability for any damages whatsoever under this Agreement, in tort, strict liability or otherwise in law, shall be limited to CAD$10.00 in the aggregate.

2. Registration

Access to the Website and access and use of any Services is restricted to persons who have registered through the Website and created an account for the Website (an “Account”). You may only create one Account.  You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s (or relevant Service’s) registration form (such information being referred to as the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  The Website and Services may not be accessed and/or used by persons who have previously had their Account terminated by HA.  Any such persons are prohibited from creating a new Account.  By creating an Account, you represent and warrant that you have never had an Account which has been terminated by HA.

HA is concerned about the safety and privacy of all its users, particularly children. Our services are available only to persons who can form legally binding contracts in the jurisdiction in which they reside or are domiciled. Without limitation to the foregoing, you may neither register for nor use the Website or any Services if you are under the legal age of majority in the state in which they reside. You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted.  HA may, but is not required to, monitor any posting, listing, pictures, text (including, without limitation, feedback, ratings, reviews, rebuttals and/or testimonials), photos, images, sounds, videos, representations, drawings, sketches, plans, blueprints, specifications, information or any other materials (collectively, “Content”) you may create and/or post or submit to the Website, as well as your usage of the Website. Users who post or attempt to post false, fraudulent, misleading, inappropriate, obscene, unlawful, confidential and/or proprietary Content may, at our sole discretion, have their account and/or membership terminated without reimbursement, credits or other compensation for any fees paid.

3. Password and security

You will receive a password and designation for your Account upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your Account, user name and/or through use of your password. You agree to (a) immediately notify HA if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account, and (b) ensure that you log out from your account at the end of each session.

You acknowledge and agree that the rights provided to you under this Agreement are personal to you and may not be shared with or transferred to anyone.  Accordingly, you agree not to share your Account (or any privileges derived from your Account) with any third party.

4. Use

This Website is operated in the province of Ontario, Canada.  To the extent you are not a resident of the province of Ontario (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled.  Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.

You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature.

You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content.  Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate and complete and otherwise complies with the requirements of this Agreement.

You understand and agree that you are personally responsible for complying with any applicable laws and complying (and not infringing) any third party rights, including, without limitation any proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can be disclosed, published, republished and communicated without restriction; and (ii) you own the copyright with respect to such Content or that you have received the written permission to post such materials on this Website from the copyright owner. In addition, you grant HA and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.

You shall not engage in any conduct which may be illegal or otherwise prohibited.  Without any limitation to the generality of the foregoing: (i) you shall not engage in any concerted activity that may be construed as resulting in an “unreasonable restraint of trade”; (ii) you shall not engage in any concerted activity that may be construed as constituting unlawful interference with a party’s economic interests; (iii) you shall not engage in any concerted activity that may be construed as constituting an inducement directed at an entity to breach such entity’s contractual obligations; (iv) you shall not post any financial information, medical information or otherpersonal information about a specific, identifiable individual without such individual’s prior written consent;  (v) you shall not attempt to delete or revise postings by any other person, nor will you impersonate any other person.

You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. HA accepts no responsibility for the opinions, advice, statements and/or information posted on this Website.  .

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Website, any Content and/or Service, whether in whole or in part.

You will not use the Website or any Service for any storage or archival purposes.  Content posted or otherwise stored on the Website may be removed and/or deleted at any time at HA’s sole discretion without any liability to you.

5. User Privacy and Security Policy

Use of this Site is subject to the terms of HA’s Privacy Policy, accessible at http://www.handyamerican.com/privacy.asp.  You recognize and agree that:  (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.

You recognize and agree that although HA’s security efforts are generally consistent with industry practice in America, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed.  As a result, HA shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.

You must not attempt to violate the security of the Website, including without limitation: (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website’s servers, or by any other similar or dissimilar means.

6. Indemnity

To the maximum extent permitted by applicable law, you will indemnify and hold HA, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: (i) Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any supplier, service professional or other user of the Website; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.

7. Termination or Modification of Service

HA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) without notice.  Likewise, HA reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice.  You agree that HA shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.

8. Suspension of Account

You agree that HA, in its sole discretion, may at any time suspend your Account  or suspend your access to and use of the Website and/or of any Service, in the event it determines, in its sole discretion, that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement. .  Any reinstatement of your Account or above mentioned privileges shall be in HA sole discretion and subject to such conditions or additional requirements as HA may determine in its sole discretion.

9. Third Party Content and Dealings with Third Parties

Your dealings with any third parties who advertise or post on the Website, or are otherwise accessible  through the Website (whether such dealings are through or independent of the Website or any Service), are solely between you and such third party. You agree that HA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

10. Links

This Website contains links to third party websites that are not under the control of HA. HA makes no representations whatsoever about any other website to which you may have access through this Website. HA provides these links merely as a convenience.  HA does not endorse or recommend that you access any such third party websites nor does it make any representation, guarantee or warranty of any sort with respect to any third party website or service, nor any third party associated to any such third party website or servce.  HA shall have no liability whatsoever with respect to your access to and/or use of any such third party website or service, or with respect to any dealings you may have with any such third party or any materials, services and/or information you may receive from such third parties or in conjunction with your dealings with such third parties.

11. Products supplied from outside Ontario

You acknowledge and agree that certain goods and/or services available, discussed, posted, featured and/or advertised on the Website may be supplied by third parties resident and operating outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.

12. HA’s proprietary rights

You acknowledge and agree that the Website and any software provided by HA or its licensors  used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by HA or its licensors, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and non-commercial use provided that: (i) your account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party.  The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis.  HA reserves all rights not expressly granted herein.

You hereby grant to HA a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronise, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to HA in conjunction with your use of the Website and/or Services (collectively, “Your Posted Content”).  You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content.  You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.

“HANDYCANADIAN”, “HANDYCANADIAN.COM” and the HandyAmerican Logo are trademarks of HA. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

HA reserves the right to monitor any Content and edit submissions by contributors to ensure compliance with this Agreement and any applicable laws. HA further reserves the right to paraphrase or otherwise edit any Content.

HA reserves the right to deny requests to remove any Content from the Website, including, without limitation, a member’s profile information.  HA reserves the right to remove, redact, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.

13. Term and Termination

This Agreement will remain in full force and effect until it is terminated. You may terminate this Agreement at any time, for any reason by following the instructions on the “Cancel membership” page located at www.www.handyamerican.com/members_settings_membership_suspend.asp. HA may terminate this Agreement at any time, for any reason, with or without explanation, effective upon HA sending written or email notice to you. Upon termination of this Agreement, your Account will be forthwith terminated and all licenses granted to you herein shall forthwith expire.  You shall not be entitled to receive any refund for any fees you have paid to HA nor will HA be in any other way or manner liable to you with respect to any prepaid Services or with respect to termination generally.  All licenses you have granted to HA shall survive termination of this Agreement.  Likewise, all limitations of liabilities, exclusions of liability, waivers and disclaimers provided under this Agreement shall survive termination of this Agreement.  Finally, your obligations regarding HA’s confidential and/or proprietary information and/or materials, and your obligations to indemnify and hold HA harmless shall also survive termination of this Agreement.

14. Governing Law and jurisdiction

You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada.  You agree that this Agreement and any dispute relating to this Agreement shall be governed in accordance with the laws of the Province of Ontario, Canada without reference or application of principles and rules of conflict of laws.  You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of the Province of Ontario, Canada in any and all actions, disputes, or controversies relating to this .

15. Language

The parties have requested that this Agreement and all documents contemplated hereby only be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient seulement rédigés en anglais.

16. Changes to this Agreement

HA may from time to time (and in its sole discretion) make changes to this Agreement by posting a notice on the following webpage: http://www.handyamerican.com.   Please review such webpage periodically to determine whether the last version of this Agreement which you have reviewed is still the most current version of the Agreement that binds you.  Your continued use of the Website, Content and/or any Service shall constitute your acceptance to any modification to this Agreement.  You may not make any changes to this Agreement.

If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.


Contractor Members and Non-registered Users

Welcome to HandyAmerican.com (the “Website”), a website owned by Handy American (“HA” and sometimes referred to as “we”, “us” or “our”).  This Website is a service offered by HA.  These terms and conditions constitute an agreement between you and HA (the “Agreement”).

This Agreement, among other things, describes your access and use of the Website and related services offered by HA on or through the Website (the “Services”), including various terms, conditions and restrictions regarding the foregoing as well as your responsibilities and obligations with respect to any such access and use.  This Agreement also limits our liability, limits your remedies against us and disclaims various representations, warranties and assumptions that may ordinarily apply to your access and use of the Website. Please read this Agreement carefully before agreeing to be bound by its various provisions. It is a condition of registration as a member and a condition of your use of the Website that you agree and be bound by this Agreement.  By accessing, browsing and/or using this Website, you are signifying your consent to be bound by this Agreement.  If you do not agree to be bound by this Agreement, exit the Website.

1. General Disclaimer and Limitation of Liability

Among other things this Website acts as a venue for persons looking to retain the services with respect to certain construction and/or renovation projects to post job opportunities and for contractors and suppliers and service providers to post profiles, portfolios and advertisements for their goods and services.  You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk.

HA makes no representation or warranty of any kind regarding:

(i)         the Website;
(ii)       the Services; and/or
(iii)     any information, content and/or materials available on or through the Website, including, without limitation, catalogues, listings, advertisements, postings, requests for proposals, job requests, project listings, proposals, quotes, testimonials, articles, instructions, specifications, guidelines, summaries, manuals, tips, advice, recommendations, referrals, reviews, ratings and rebuttals (collectively, the “Content”)

all of which are provided on an “AS IS” basis and any use thereof or reliance thereon is at your sole risk. HA does not screen, censor or verify the accuracy, completeness, safety, legality or usefulness of any Content, or whether Content is current and up-to-date, and HA shall have no liability whatsoever with respect to your use of or reliance upon any Content or for Content being removed or otherwise ceasing to be available.  You acknowledge and understand that use and/or implementation of some Content may result in personal injuries and/or death and that any construction, renovation or repair work should only be undertaken by competent and qualified persons.   You further acknowledge and understand that construction, renovation and/or repair requires additional information and knowledge than that provided on the Website and Content and that you should not rely on Content alone with respect to any construction, renovation and/or repair work.  You acknowledge and understand that construction and building requirements may vary from one location to another and that you should confirm which laws and other requirements apply to you and any project you may undertake.

HA expressly disclaims all representations, warranties and conditions relating to the Website, Services, Content, third party and/or any third party website, content, good, service or materials, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose, continuity, availability, reliability, performance and those arising by statute or otherwise in law or from a course of dealing or usage of trade. HA does not warrant that this Website will continue to operate, operate without interruptions or that it will be error-free or meet any performance or any other service levels.

Without limitation to the generality of the foregoing, HA does not screen, censor or verify the listings offered or otherwise made available on or through the Website or provided in conjunction with the delivery of Services. As a result, HA has no control over the quality, safety or legality of the project or contractor listings posted, the truth or accuracy of the listings or the ability of anyone to meet or satisfy any claims and warranties made in listings, including, without limitation any licensing requirements, insurance coverage, certification, prior experience or general competence and capabilities. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Website.   You acknowledge and understand that you should undertake your own research, investigations, inquiries and due diligence with respect to any project and with respect to any potential supplier.

Because user authentication on the Internet is difficult, HA cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of users of this Website, in the event that you have a dispute with one or more users, you release HA (and its shareholders, directors, employees, agents and representatives) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

HA is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. HA does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, completeness or usefulness of the Content or about the results to be obtained using the Content. The use of the Website, the Services and the Content is at your own risk. Changes are periodically made to the Website, the Services and/or Content and may be made at any time.

This Website contains materials, data and/or information generated, provided, posted or offered by third parties, including, without limitation, advertisements, messages, advice, tips, instructions, articles, guidelines, summaries, manuals, portfolios, job postings, project listings, catalogues, reviews, ratings, feedback, testimonials, recommendations, referrals and rebuttals. You agree that HA shall have no liability whatsoever for any such third party material, data and/or information or any use, reproduction and/or distribution thereof and/or reliance thereon.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any ad, posting or other content placed by you on the Website.

HA shall not be responsible for any contracting or procurement decisions, for whatever reason, made with respect to, in conjunction with or in reliance of, any listing, posting or other Content available on or through the Website or obtained and/or provided in conjunction with the Services.

You agree that HA and any third party mentioned on this Website will not be responsible or liable for any loss or damages whatsoever, including without limitation direct, indirect, incidental, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information, data or Content, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access, this Website, any Content, or any linked website of a third party (and related third party services and/or content), even if HA, or such a third party has been advised of the possibility of such damage or loss.

The limitations of liability and disclaimers in this Agreement apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Without limitation to the generality of the foregoing, in using HA’s service, you acknowledge that HA is not acting as your broker, agent, or advisor. It is therefore your sole responsibility to conduct your research, make your investigations and inquiries, and negotiate the terms for any project undertaken. You should consult with appropriate experts and/or advisors (such as a lawyer, architect, urban planner, accountant and/or insurance broker). HA does not review, verify or authenticate any users or verify any user’s credit history, litigation history or legal standing.

You further understand that users are free to post Content about you and your services (including, without limitation, testimonials, rankings and ratings) which may be freely accessed, viewed and downloaded by other users.  HA will not be liable for any such Content, nor will HA be required to remove such Content even if such Content could be damaging to your business reputation and goodwill and could reasonably be expected to otherwise adversely affect your business.   You acknowledge and understand that the purpose of the Website is to provide an open forum for discussion and agree that HA will not be required to remove, redact or retract any libellous, defamatory or slanderous content nor provide any editorial comments, clarifications or notices, nor will HA be liable for refusing or failing to remove any such content or post any retraction, editorial comments, clarification or notices with respect to such content. You acknowledge and understand that the Website provides you with the option of replying to any such comments and presenting your views or position in terms of any Content that you believe to be inaccurate, false, incomplete, dated, improperly contextualized, misleading and/or defamatory and agree that HA shall not be liable in any manner whatsoever if such features or functionality of the Website or any Service is not accessible, available, operational or operating in a reliable, timely and/or error free manner.  You hereby waive any and all remedies you may have against HA and its service providers, and hold each of them harmless with respect to any third party Content which may be slanderous, libellous and/or defamatory that is posted on or accessible through the Website or that is otherwise published, republished, communicated and/or distributed through any Service.

Should you have a dispute with any user or supplier, you must resolve such dispute with such user or supplier directly, and you hereby agree not to involve HA in any matter whatsoever in any such dispute, including, without limitation, requiring HA’s attendance or participation (or that of any HA shareholder, director, employee, agent and/or representative) in any legal proceeding.

Some jurisdictions may not allow limitations or exclusion of liability for incidental or consequential damages, damages relating to personal injuries or death, damages arising from deliberate or gross fault, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.  To the extent the foregoing limitation and exclusions of liability are not enforceable or not fully enforceable, to the extent permitted by applicable laws, you agree that HA’s aggregate liability for any damages whatsoever under this Agreement, in tort, strict liability or otherwise in law, shall be limited to CAD$10.00 in the aggregate.

2. Registration

Access to the Website and access and use of any Services is restricted to persons who have registered through the Website and created an account for the Website (an “Account”). You may create a maximum of one Account per business. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s (or relevant Service’s) registration form (such information being referred to as the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  The Website and Services may not be accessed and/or used by persons who have had an Account terminated.  Any such persons are prohibited from creating a new Account.  By creating an Account, you represent and warrant that you have never had an Account which has been terminated by HA.

Access to the Website as a contractor or supplier and access and use of any Services is restricted to individuals or entities that have created an account and registered through the Website.

The Website and Services may not be accessed and/or used by persons: (i) who have had an Account terminated; (ii) who cannot form legally binding contracts in the jurisdiction in which they reside or are domiciled; (iii) who are under the legal of age of majority in the state in which they reside; and/or (iv) who may not legally work or carry on business in America.

Any such persons are prohibited from creating a new Account.  By creating an Account, you represent and warrant that you have never had an Account which has been terminated by HA.  You agree to: (a) provide true, accurate, current and complete information as prompted by the Website’s (or relevant Service’s) registration form (such information being referred to as the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You are solely liable for any misstatements and/or misrepresentations in conjunction with the Registration Data or with respect to any postings or listings created and/or posted. You acknowledge and understand that we may rely on your Registration Information and, in doing so, assume that it is accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement.

You acknowledge and understand that although you may register as a member of the Website for free, many Services are limited to Premium members.

3. Payment of Fees

Membership fees will be charged to your credit card.  You will be asked to provide credit card information when you register as a premium member.  Likewise, if you wish to renew or extend your premium membership period, or order Services that generate a fee, you will be asked to provide credit card information.  For your protection, we use a certified payment gateway and do not retain credit card information after completion of a transaction.

Each submission or order online for a Service for which a fee is charged is deemed to be an authorization to debit predetermined sums representing applicable statutory and service fees, charges, and applicable taxes from your credit card.  You will be informed of the total charges and asked to confirm the transaction before it is charged to your credit card.  You are responsible for all charges, fees and taxes incurred by you.  Charges and fees will be at the rates established by HA from time to time plus all additional applicable taxes.

Before submitting any request for goods and/or services or otherwise completing an online order (including, without limitation any purchase, renewal or extension of a premium membership), please verify that you have correctly entered the information in the request and/or order.  We cannot refund the cost of a Service if you have inputted the request incorrectly.  Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS.

If we are unable to collect the charges, fees and/or taxes from your credit card for any reason, you are responsible to pay HA directly the fees, charges and taxes plus any other charges (including costs of collection) incurred by HA.

You are responsible for notifying HA of any incorrect charges within thirty (30) days of receiving a statement or receipt from HA.  After any such thirty (30) day period, you shall forfeit any recourse to HA to claim a credit.

All fees displayed on or through the Website are subject to change without notice, in HA’s sole discretion.  Likewise, HA reserves the right at any time to commence charging fees for Services which are presently offered for free and/or to increase any fees.

4. Password and security

You will receive a password and a designation for your Account upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your Account, user name and/or through use of your password. You agree to (a) immediately notify HA if you have reasonable grounds to believe someone has obtained access to your password or someone has made unauthorized use of your Account, and (b) ensure that you log out from your Account at the end of each session.

You acknowledge and agree that the rights provided to you under this Agreement are personal to you and may not be shared with or transferred to anyone.  Accordingly, you agree not to share your Account (or any privileges derived from your Account) with any third party.

5. Use

This Website is operated in the province of Ontario, Canada.  To the extent you are not a resident of the province of Ontario (Canada), you are solely responsible for ensuring that use of this Website and any Services is lawful in and permitted by the laws of the jurisdiction in which you reside or are domiciled.  Your right to access and use the Website and Services is strictly conditional upon such access and use being lawful in your jurisdiction.

You understand that you are solely responsible for ensuring that materials that you post on the Website comply with all applicable laws and this Agreement, regardless of whether such postings are public or private in nature.

You understand and agree that you are personally liable for anything you communicate on the Website, including without limitation, communication of defamatory, libellous, discriminatory, obscene, offensive, false, fraudulent, inappropriate, profane, threatening, harassing, abusive, illegal and/or unlawful information or the unauthorized communication of confidential or proprietary information (collectively, “Prohibited Content”). You shall not post any Prohibited Content on the Website or use the Website or any Service to post, publish, republish, broadcast, distribute or otherwise communicate any Prohibited Content.  Without limitation to the foregoing, when posting Content you shall use your best efforts to ensure such Content is truthful, accurate and complete and otherwise complies with the requirements of this Agreement.

You understand and agree that you are personally responsible for complying with any applicable laws and complying (and not infringing) any third party rights, including, without limitation any proprietary rights and trade secrets. Without any limitation to the generality of the foregoing, you shall not post any confidential information nor any information or other materials protected by copyright without the written permission of the copyright owner. By posting any Content, you represent and warrant that: (i) such material is in your lawful possession and can be disclosed, published, republished and communicated without restriction; and (ii) you own the copyright with respect to such Content or that you have received the written permission to post such materials on this Website from the copyright owner. In addition, you grant HA and users of this Website the non-exclusive right and license to display, copy, publish, republish, distribute, transmit, print and use such Content and any information, idea or invention encompassed therein or extractible therefrom.

You shall not engage in any conduct which may be illegal or otherwise prohibited.  Without any limitation to the generality of the foregoing: (i) you shall not engage in any concerted activity that may be construed as resulting in an “unreasonable restraint of trade”; (ii) you shall not engage in any concerted activity that may be construed as constituting unlawful interference with a party’s economic interests; (iii) you shall not engage in any concerted activity that may be construed as constituting an inducement directed at an entity to breach such entity’s contractual obligations; (iv) you shall not post any financial information, medical information or otherpersonal information about a specific, identifiable individual without such individual’s prior written consent;  (v) you shall not attempt to delete or revise postings by any other person, nor will you impersonate any other person.

You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Opinions expressed on this Website are those of the authors. HA accepts no responsibility for the opinions, advice, statements and/or information posted on this Website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Website, any Content and/or Service, whether in whole or in part.

You will not use the Website or any Service for any storage or archival purposes.  Content posted or otherwise stored on the Website may be removed and/or deleted at any time at HA’s sole discretion and without any liability.

6. User Privacy and Security Policy

Use of this Site is subject to the terms of HA’s Privacy Policy, accessible at http://www.handyamerican.com/privacy.asp. You recognize and agree that:  (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.

You agree that any collection, use, disclosure, storage, safeguarding, retention, alteration and destruction of any personal information you receive from any user of this Website shall be in compliance with the Personal Information Protection and Electronic Documents Act (Canada) as well as in compliance with any other applicable laws.

You recognize and agree that although HA’s security efforts are generally consistent with industry practice in America, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed.  As a result, HA shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Website and/or any Service.

You must not attempt to violate the security of the Website, including without limitation: (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the operation of the Website and/or the delivery of the Services including, without limitation through means of a virus or flooding or otherwise overloading the Website’s servers, or by any other similar or dissimilar means.

7. Indemnity

To the maximum extent permitted by applicable law, you will indemnify and hold HA, and its affiliates, officers, agents, or other partners, and employees, harmless from any liability, claim or demand, including reasonable legal fees, due to or arising out of: (i) Content you submit, post, transmit or make available on or through the Website; (ii) your violation of this Agreement; (iii) your dealings with other users of the Website or the Services; (iv) any dispute you may have with any other user of the Website; or (v) your infringement, breach and/or violation of any third party rights, including, without limitation, any intellectual property rights and any trade secrets.

8. Termination or Modification of Service

HA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) without notice.  Likewise, HA reserves the right at any time to modify or discontinue, temporarily or permanently, the operation of the Website (or any part thereof) without notice.  You agree that HA shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or of the Website.

9. Suspension of account/Membership

You agree that HA, in its sole discretion, may at any time suspend your Account (including, without limitation, any membership) or suspend your access to and use of the Website and/or of any Service, in the event it determines, in its sole discretion, that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement.     Any reinstatement of your Account (including, without limitation, any membership) or above mentioned privileges shall be in HA sole discretion and subject to such conditions or additional requirements as HA may determine in its sole discretion.

10 .Third Party Content and Dealings with Third Parties

Your dealings with any third parties who advertise or post on the Website, or are otherwise accessible  through the Website (whether such dealings are through or independent of the Website or any Service), are solely between you and such third party. You agree that HA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

11. Links

This Website contains links to third party websites that are not under the control of HA. HA makes no representations whatsoever about any other website to which you may have access through this Website. HA provides these links merely as a convenience.  HA does not endorse or recommend that you access any such third party websites nor does it make any representation, guarantee or warranty of any sort with respect to any third party website or service, nor any third party associated to any such third party website or service.  HA shall have no liability whatsoever with respect to your access to and/or use of any such third party website or service, or with respect to any dealings you may have with any such third party or any materials, services and/or information you may receive from such third parties or in conjunction with your dealings with such third parties.

12. Products supplied from outside Ontario

You acknowledge and agree that certain goods and/or services available, discussed, posted, featured and/or advertised on the Website may be supplied by third parties resident and operating outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.

13. HA’s proprietary rights

You acknowledge and agree that the Website and any software provided by HA or its licensors  used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by HA or its licensors, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and internal use provided that: (i) your Account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party.  The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis.  HA reserves all rights not expressly granted herein.

You hereby grant to HA a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronise, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to HA in conjunction with your use of the Website and/or Services (collectively, “Your Posted Content”).  You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content.  You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.

“HANDYAMERICAN”, “HANDYAMERICAN.COM” and the HandyAmerican Logo are trademarks of HA. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

HA reserves the right to monitor any Content and edit submissions by contributors to ensure compliance with this Agreement and any applicable laws. HA further reserves the right to paraphrase or otherwise edit any Content.

HA reserves the right to deny requests to remove any Content from the Website, including, without limitation, a member’s profile information.  HA reserves the right to remove, redact, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.

14. Term and Termination

This Agreement will remain in full force and effect until it is terminated. You may terminate this Agreement at any time, for any reason by following the instructions on the “Cancel membership” page located at www.www.handyamerican.com/members_settings_membership_suspend.asp. HA may terminate this Agreement at any time, for any reason, with or without explanation, effective upon HA sending written or email notice to you. Upon termination of this Agreement, your Account (including, any membership) will be forthwith terminated and all licenses granted to you herein shall forthwith expire.  You shall not be entitled to receive any refund for any subscription payments you have made to HA nor will HA be in any other way or manner liable to you.  All licenses you have granted to HA shall survive termination of this Agreement.  Likewise, all limitations of liabilities, exclusions of liability, waivers and disclaimers provided under this Agreement shall survive termination of this Agreement.  Finally, your obligations regarding HA’s confidential and/or proprietary information and/or materials, your obligations regarding privacy and other users’ personal information as well as your obligations to indemnify and hold HA harmless, shall also survive termination of this Agreement.

15. Governing Law and jurisdiction

You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada.  You agree that this Agreement and any dispute relating to this Agreement shall be governed in accordance with the laws of the Province of Ontario, Canada without reference or application of principles and rules of conflict of laws.  You expressly agree and consent to the exclusive forum, jurisdiction and venue of the courts of the Province of Ontario, Canada in any and all actions, disputes, or controversies relating to this Agreement and/or your access to and use of the Website, Content and/or any Service.

16. Language

The parties have requested that this Agreement and all documents contemplated hereby only be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient seulement rédigés en anglais.

17. Changes to this Agreement

HA may from time to time (and in its sole discretion) make changes to this Agreement by posting a notice on the following webpage: http://www.handyamerican.com/ Please review such webpage periodically to determine whether the last version of this Agreement which you have reviewed is still the most current version of the Agreement that binds you.  Your continued use of the Website, Content and/or any Service shall constitute your acceptance to any modification to this Agreement.  You may not make any changes to this Agreement.

If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.