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Terms & Conditions

 

Terms and Conditions of Use of THIS HANDYMAN

 

YOUR ACCEPTANCE OF THIS AGREEMENT:

 

 This is a legally binding agreement between THIS HANDYMAN, LLC (hereinafter referred to as "THIS HANDYMAN", "us", "we" and "our") and the person, end-user, partnership, corporation or other such entity accepting these terms and conditions (hereinafter referred to as "End-User", "you" and "your"). This agreement governs your use of the THIS HANDYMAN Website ("THIS HANDYMAN Website"). When you access or use the THIS HANDYMAN Website in any way, you agree to be bound by these Terms and Conditions ("Terms").

 

CHANGES: We may from time to time change the Terms and the This Handyman Website without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the THIS HANDYMAN Website, and any use of the site after such revisions have been posted signifies your consent to the changes.

 

HOW YOU MAY USE OUR MATERIALS:

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the THIS HANDYMAN Web site.

We provide the information, content or advertisements (which we collectively call the "Materials") on the THIS HANDYMAN site FOR YOUR

 

PERSONAL AND NON-COMMERCIAL USE ONLY.

Accordingly, You may view, use, copy, and distribute the Materials found on THIS HANDYMAN Website for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the THIS HANDYMAN Website. You may not use the THIS HANDYMAN Website to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by THIS HANDYMAN, its subsidiaries, parent companies, and/or any third party owner of such rights.

HOW YOU MAY USE OUR SERVICE MARKS:

 

The THIS HANDYMAN name and logo and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from THIS HANDYMAN LLC or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or the THIS HANDYMAN Website must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any THIS HANDYMAN name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of THIS HANDYMAN, LLC. Use in your advertising and/or marketing materials will not be withheld in most cases. Requests for authorization should be made to advertise@SwimmingPoolsPlus.com

 

HOW WE MAY USE INFORMATION YOU PROVIDE TO US:

Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how and/or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

 

PRIVACY POLICY: Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. The THIS HANDYMAN Website is intended for use primarily by persons 18 years or older.

 

NO ENDORSEMENTS MADE BY THIS HANDYMAN:

Although we investigate our advertisers to the best of our ability, we do not represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Promotions") or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the This Handyman Website.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the THIS HANDYMAN Website (the "Products"). Any advertiser that does not meet our guidelines and are reported to us or we discover lapses in their service that are not rectified, may be dismissed from participating in the THIS HANDYMAN Website sponsorship and its promotions.

CONTENT DISCLAIMER:

THIS HANDYMAN communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. THIS HANDYMAN has no control over the accuracy of such information on our pages, and material on the THIS HANDYMAN Website may include technical inaccuracies or typographical errors.

We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.

THIS HANDYMAN reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the THIS HANDYMAN Website. Where appropriate, we will endeavor to update information listed on the THIS HANDYMAN Website on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites are provided within the content on the THIS HANDYMAN Website as a convenience to THIS HANDYMAN users. The listing of an external site does not imply endorsement of the site by THIS HANDYMAN or its affiliates. THIS HANDYMAN does not make any representations regarding the availability and performance of the THIS HANDYMAN Website or any of the sites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the THIS HANDYMAN Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by THIS HANDYMAN. THIS HANDYMAN and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to our THIS HANDYMAN Website, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked sites. We do not fully screen or investigate business listing sites before or after including them in directory listings that become part of the Materials on our THIS HANDYMAN Website, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

 

WARRANTY DISCLAIMER: Any use of the THIS HANDYMAN Website, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. THIS HANDYMAN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the THIS HANDYMAN results.

 

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS HANDYMAN DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. THIS HANDYMAN DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS HANDYMAN DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE THIS HANDYMAN WEBSITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY: IN NO EVENT SHALL THIS HANDYMAN BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE THIS HANDYMAN WEBSITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THIS HANDYMAN IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE THIS HANDYMAN WEBSITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. THIS HANDYMAN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE THIS HANDYMAN WEBSITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, THE MATERIALS CONTAINED HEREIN, AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

THIRD PARTY SITES: Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the THIS HANDYMAN Website, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the THIS HANDYMAN Website. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the Site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the THIS HANDYMAN Website.

 

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into this Site. THIS HANDYMAN may make improvements and/or changes in the products, services and/or programs described in the THIS HANDYMAN Website and the Materials at any time without notice.

We are under no obligation to monitor the material residing on or transmitted to the THIS HANDYMAN Website. However, anyone using this Site agrees that THIS HANDYMAN may monitor the THIS HANDYMAN Website content periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the THIS HANDYMAN Website properly or to protect itself and its users. THIS HANDYMAN reserves the right to modify, reject or eliminate any material or content residing on or transmitted to the THIS HANDYMAN Website that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms.

 

DELETIONS FROM SERVICE: THIS HANDYMAN will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. THIS HANDYMAN reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of THIS HANDYMAN, may be, defamatory, infringing or violate of applicable law. THIS HANDYMAN reserves the right to exclude Material from the THIS HANDYMAN Website. Materials submitted to THIS HANDYMAN for publication on the THIS HANDYMAN Website may be edited for length, clarity and/or consistency with THIS HANDYMAN editorial standards.

INDEMNIFICATION: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

 

INTELLECTUAL PROPERTY COMPLAINTS:

We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on the THIS HANDYMAN Website contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
* A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
* A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please e-mail this information via our Contact Us page.

 

MISCELLANEOUS: These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Collin County, Texas. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.

Any waiver of any provision of the Terms will be effective only if in writing and signed by you and THIS HANDYMAN. THIS HANDYMAN reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. THIS HANDYMAN reserves the right to seek all remedies available at law and in equity for violations of these Terms.