Terms of Service
Introduction; Your Agreement to these Terms of Service.
Welcome to the Handy Results, LLC. ("Handy Results," "we," "us," or "our") Handy Results web site, as well as any other web sites, subdomains, or services owned or controlled by Handy Results (collectively, the "Handy Results Services"). To access the Handy Results Services, users must at all times agree to and abide by these Terms of Service ("Terms" or "Agreement").
This Agreement is a legal contract between you, either an individual subscriber, customer, member, or user or a single company, organization, or entity ("You" or, collectively, "Users"), and Handy Results regarding your use of the Handy Results Services. The services hereunder are offered by Handy Results, Inc. located at: 10209 Tyburn Terrace Bethesda, MD 20814 and email: firstname.lastname@example.org
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, USING OR SUBSCRIBING TO THE HANDY RESULTS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST TERMINATE YOUR USE OF THE HANDY RESULTS SERVICES.
1. Individual Features and Services.
When using the Handy Results Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time, including but not limited to pricing and billing terms (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
2. Modification of the Terms.
Handy Results may modify any of the terms and conditions contained in this. Your continued use of the Handy Results Services after the transmission of a change notice constitutes your binding acceptance of such changes. If any such revision is unacceptable to you, your only remedy is to terminate this Agreement and your use of the Handy Results Services.
3. Customer Service; Customer Communications and Notice.
Please email email@example.com for further assistance. Under these Terms, you consent to receive communications from Handy Results electronically. We will communicate with you by email or by posting notices on the Handy Results Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
WHEN USING THE HANDY RESULTS SERVICES YOU AGREE NOT TO:
- Use the Handy Results Services for any purpose that is unlawful or is otherwise prohibited by these Terms;
- Use the Handy Results Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Handy Results Services;
- Use the Handy Results Services to email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise) to any person or entity;
- Attempt to gain unauthorized access to the Handy Results Services, or any part of them, computer systems or networks connected to the Handy Results Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Handy Results Services or any activities conducted on the Handy Results Services;
- Modify the Handy Results Services in any manner or form, or use modified versions of the Handy Results Services, including (without limitation) for the purpose of obtaining unauthorized access to the Handy Results Services;
- Use any robot, spider, scraper, or other automated means to access the Handy Results Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Handy Results Services;
- Use the support and feedback functions of the Handy Results Services in a manner that we determine, in our sole discretion, to be abusive or otherwise unrelated to their intended functions;
- Misrepresent the source, identity, or content of Information transmitted via the Handy Results Services;
- Modify, adapt, translate or create derivative works based upon the Handy Results Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Handy Results Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Handy Results Services to any third party or use the Handy Results Services for any purpose other than your own internal personal or business use or to provide time sharing or similar services for any third party;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Handy Results Services, features that prevent or restrict use or copying of any content accessible through the Handy Results Services or Handy Results Services, or features that enforce limitations on use of the Handy Results Services or Handy Results Services; or
5. Violations; Termination.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Handy Results Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Handy Results may have at law or in equity.
6. Ownership; Proprietary Rights.
The Handy Results Services are owned and operated by Handy Results. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Handy Results Services provided by Handy Results, but expressly excluding any of the foregoing owned or licensed by and posted to the Handy Results Services at the direction of Users (including without limitation User Provided Data) ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any technology licensed by Handy Results, which is owned by and provided by our third-party licensors, all Materials contained in the Handy Results Services are the property of Handy Results or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Handy Results or its affiliates and/or third-party licensors. Except as expressly authorized by Handy Results, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
7. Third-Party Sites; Search Engine Policies.
- The Handy Results Services may call the servers of other web sites or services solely at the direction of and as a convenience to Users ("Third-party Sites"). Handy Results makes no express or implied warranties with regard to the content, products, or services that are contained on or accessible through Third-party Sites. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON SUCH SITES OR AVAILABLE THROUGH SUCH SITES, IS SOLELY AT YOUR OWN RISK.
- Search Engines have policies governing advertising. You represent and warrant that you have reviewed, and agree that you are solely responsible for complying with, any and all Search Engine policies that apply to your interactions with any Search Engine through the Handy Results Services. You will indemnify, save, and hold Handy Results, its officers, investors, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, actions or proceedings brought against Handy Results or its officers, directors, investors, employees, shareholders, agents, licensors and subcontractors that may arise from your failure to comply with any Search Engine policy.
8. Use of Third-Party Copyright Images; Disclaimer of Ownership Rights.
- THE IMAGES DISPLAYED IN A HANDY RESULTS SEARCH MAY BE PROTECTED BY COPYRIGHT. HANDY RESULTS DOES NOT OWN AND CANNOT GRANT ANY RIGHTS TO USE THEM FOR ANY PURPOSE OTHER THAN VIEWING THEM ON THE HANDY RESULTS WEBSITE. If you'd like to use images from our image search, we suggest contacting the site's webmaster to obtain permission.
9. No Commercial Use of Handy Results Services
- Handy Results does not use any copyrighted content displayed on the Handy Results website for any commercial purpose. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Handy Results Services.
10. Disclaimers; No Warranties.
YOU ACKNOWLEDGE THAT HANDY RESULTS DOES NOT MANAGE OR CONTROL ANY SEARCH ENGINE THAT YOU MAY INTERACT WITH THROUGH THE HANDY RESULTS SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY ACT OR OMISSION BY A SEARCH ENGINE, INCLUDING BUT NOT LIMITED TO THE REFUSAL OF A SEARCH ENGINE TO ACCEPT YOUR CHOSEN KEYWORDS, THE REFUSAL TO ALLOW THE SEARCHFORCH SERVICES TO ACCESS A SEARCH ENGINE ACCOUNT, OR ANY OTHER FAILURE OR REFUSAL OF A SEARCH ENGINE TO FACILITATE YOUR ADVERTISING CAMPAIGN IN ANY WAY. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HANDY RESULTS WITH RESPECT TO ACTS AND OMISSIONS BY SEARCH ENGINES AND WITH RESPECT TO USER PROVIDED DATA TRANSMITTED THROUGH THE HANDY RESULTS SERVICES. THE HANDY RESULTS SERVICES AND ANY THIRD-PARTY OR USER PROVIDED DATA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH HANDY RESULTS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HANDY RESULTS, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HANDY RESULTS, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN HANDY RESULTS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE HANDY RESULTS SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT HANDY RESULTS SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HANDY RESULTS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE HANDY RESULTS SERVICES, OR ANY OTHER INTERACTIONS WITH HANDY RESULTS, EVEN IF HANDY RESULTS OR A HANDY RESULTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HANDY RESULTS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL HANDY RESULTS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF HANDY RESULTS SERVICES, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING HANDY RESULTS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT HANDY RESULTS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HANDY RESULTS.
12. Consumer End Users
(Outside of the U.S.A.). The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business, outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
13. Indemnification; Hold Harmless.
You will indemnify, save, and hold Handy Results, its members, officers, investors, directors, employees, shareholders, agents, licensors and subcontractors, harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, actions or proceedings brought against Handy Results or its officers, directors, investors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of these Terms or from any use which you or your Subscribing Organization make of the Handy Results Services. Handy Results will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Handy Results. Handy Results will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. Without limiting the generality of the foregoing, you agree that the indemnity provided in this section will include and apply to any liabilities, losses, damages, costs and expenses arising from any third-party or User Provided Data you use or transmit to others using the Handy Results Services.
- Notice. Handy Results may provide you with notices by email, regular mail or postings on the Handy Results Services. Notice will be deemed given twenty-four hours after email is sent, unless Handy Results is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Handy Results Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Handy Results Services is deemed given 30 days following the initial posting. Notwithstanding the foregoing, notices regarding changes to this Agreement will be given as described in Section 3.
- Waiver. The failure of Handy Results to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Handy Results.
- Governing Law. These Terms and all matters arising from use of the Handy Results Site will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.
- Jurisdiction. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration Montgomery County, Maryland under the Rules of the American Arbitration Association by one (1) arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Handy Results without restriction.
- Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 1, 3, 5, 6, and 8 through 11 herein.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and Handy Results relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Handy Results as set forth in Section 3 above.
- Claims. YOU AND HANDY RESULTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HANDY RESULTS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Disclosures. The services hereunder are offered by Handy Results, LLC., located at: 10209 Tyburn Terrace Bethesda, MD 20814 and email: firstname.lastname@example.org. If you are a Maryland resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.