Terms & Conditions

THESE TERMS AND CONDITIONS (these “Terms & Conditions”) are an agreement by and between Handyman Chat, LLC, a Virginia limited liability company, located at P.O. Box 3190 Norfolk, VA 23514 (the “Company,” “Handyman Chat,” “we,” or “us”) and you, the User (as defined below) (Company and User each a “Party” and collectively the “Parties”). By becoming a User, you acknowledge that you have read and accept these Terms & Conditions. Anyone agreeing to these Terms & Conditions on behalf of a company, business, organization, or person represents and warrants that he/she has the authority to bind the company, business, organization, or person.

IF YOU USE THE HANDYMAN CHAT PLATFORM IN ANY FORM (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE APP PLATFORM) YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS & CONDITIONS AND THE COMPANY PRIVACY POLICY, WHICH CAN BE FOUND HERE AND WHICH IS EXPRESSLY INCORPORATED HEREIN (THE “PRIVACY POLICY”). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE HANDYMAN CHAT PLATFORM. If you do not agree with these Terms & Conditions or the Privacy Policy, you must not access or use the App.

The Handyman Chat Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Handyman Chat Platform or App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Handyman Chat Platform.

TERMS & CONDITIONS

1.  Definitions: 

“App” or “Site” means the Handyman Chat application through iOS or Android, the website located at handymanchat.com, and all services, websites, and content available through the same, including any subpages.

“Contractor User” or “Handyman” refers to any person who creates an account on and utilizes the Handyman Chat Platform to provide repair and maintenance services to Customer(s). Contractor Users are not employees or agents of Company or Customer(s).

“Dispute” means a dispute, claim, or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, or interpretation thereof, or to the use of the Handyman Chat Platform.

“Handyman Chat Platform” or “Platform” refers to the Company’s App, Site, and related services for collaboration and communication between Contractor Users and Customers.

“Customer” is a person who creates an account on and utilizes the App to find and hire Contractor User(s) to provide repair and maintenance services.

“Intellectual Property” or “IP” means anything protectable by an Intellectual Property Right.

“Intellectual Property Right” means all patent rights, copyrights, trademark rights, rights in trade secret (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (whether registered or unregistered) throughout the world.

“Maximum Contractor Rate” refers to the maximum amount that Customers may be charged per posted job, which maximum amount shall not exceed One Thousand and 00/100 Dollars ($1,000.00) or such lesser amount as may be required by applicable law. 

“Service Contract” refers to a contract between Customer and Contractor User as a result of use of the Handyman Chat Platform, whether written or oral.

“Subscription Plans” refers to the various applicable weekly, monthly, or annual plans offered by Handyman Chat to Contractor Users that wish to register as a Handyman on the Handyman Chat Platform and provide services to Customers pursuant to the terms & conditions set forth herein.

“User,” “You,” or “Your” may refer to both Customer(s) and Contractor User(s).

“Work Product” means the completed service performed and delivered by the Contractor User per Customer’s agreement with Contractor User in a medium agreed upon between the Contractor User and Customer, or, in the event no medium is agreed upon, then in a commercially reasonable medium.
 

2.  Purposes of the Handyman Chat Platform.

  1. Residential Purposes Only: The Handyman Chat Platform is for residential projects only and is not for commercial, business, or other organizational use. Each User who registers an account on the Handyman Chat Platform represents and warrants that his/her/its use of the same will be for residential purposes only.
     
  2. Service Contracts: The Handyman Chat Platform and App are a platform and market place where Users can communicate and collaborate with each other to offer or request residential household repair and maintenance services. While the Company allows Users to facilitate Service Contracts between Users, the Company is neither a party to these contracts nor a third-party beneficiary to these contracts.
     
  3. Reliance on Information Posted: The information presented on or through the Handyman Chat Platform and App is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE HANDYMAN CHAT PLATFORM, APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
     
  4. Content by Third Parties: The Handyman Chat Platform may include content provided by third parties, including materials or User contributions provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
     
  5. Information About You and Your Visits to the App: All information we collect on or through the Handyman Chat Platform or App is subject to our Privacy Policy. By using the Handyman Chat Platform or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.​


3.  User Responsibilities:

  1. Company Relationship with Contractor Users: Company does not guarantee the performance of Contractor User or his/her fitness for Customer’s specific needs. Further, Company does not guarantee the accuracy of any information provided by Contractor, including without limitation, Contractor’s licenses or qualifications. Company encourages Customer to vet or perform any other desired due diligence on Contractor User before hiring him or her. Company is not responsible for ensuring Contractor User has the requisite license(s), permit(s), or other qualifications to perform the services contemplated hereunder, and Company shall in no way be liable for Contractor User’s violation of your respective jurisdiction’s licensing or permitting requirements for the service provided.
     
  2. Customer Accounts: Each Customer agrees that, unless Customer indicates otherwise, or is indicated otherwise by the Privacy Policy, all content posted by Customer on the Platform is public. Customer also agrees that all information posted by Customer on the Platform is true, accurate, and complete and Customer shall make all best efforts to update information on the Platform that may become untrue, inaccurate, or incomplete.
     
  3. Contractor User Accounts: Each Contractor User agrees that he/she is an independent contractor using Company’s Platform to connect with Customers. Each Contractor User agrees that all content posted by him/her on the Platform is public. Contractor User also represents and warrants that he/she has the requisite license, permit, and qualifications, if and as applicable, required by the jurisdiction in which Contractor User is performing the services contemplated hereunder. Contractor User also represents and warrants that all information posted by him/her on the Platform is true, accurate, and complete, and Contractor User shall make all best efforts to update information on the Platform that may become untrue, inaccurate, incomplete, or misleading.
     

4.  Service Contracts Between Customer and Contractor User.

  1. Contracting: All Service Contracts between the Customer and the Contractor User are negotiated and entered into solely between the Customer and the Contractor User. Handyman Chat acts solely as an intermediary between the Customer and the Contractor User for the sole purpose of introducing the parties to make an offer between each other. Handyman Chat is not responsible for any agreement reached between the Customer and the Contractor User through their use of the Handyman Chat Platform. Customer can choose the Contractor User(s) they are interested in and directly interview them through the Platform or via the contact information provided. In no event, however, shall the Customer or Contractor User post estimates of jobs in excess of the Maximum Contractor Rate provided by applicable law.

5.  Contractor User Subscription Plans to Use Handyman Chat Platform

Contractor User acknowledges and agrees that he/she will pay for access to and use of the portions of the Handyman Chat Platform for which there is a charge, including, without limitation, the “Become a Handyman” function allowing Contractor User to advertise his or her services as a handyman. You understand and agree that Handyman Chat or its third-party payment processor may charge your credit card, debit card, or PayPal®, Apple Pay, Google Pay, or other account, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase.

  1. Subscription Plans: A Contractor User may subscribe to use the Handyman Chat Platform as a Handyman based on the Subscription Plans available on the Handyman Chat Platform at such time. Contractor User also agrees that (i) he/she will pay for the chosen Subscription Plan by the date on which payment is due; (ii) any payment information Contractor User provides is true and accurate; (iii) Contractor User is authorized to use the payment method he/she provides; and (iv) we are authorized to charge you for the selected Subscription Plan using the payment method provided or selected. Contractor User’s assurances of payment and our rights to collect payment include any obligation Contractor User may have to pay any taxes or other charges related to the Subscription Plan. Further, Contractor User agrees that Contractor User will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of Contractor User’s failure to pay on a timely basis. Upon failure to pay as agreed, Contractor User’s Subscription Plan may be terminated, in the Company’s sole discretion.

    We may change the price of any Subscription Plan at any time and from time to time and add new fees and charges for certain features or to reflect a change in business or legal rules. If we do increase the fees, we will provide Contractor User with reasonable notice of such changes. Any increase in charges for a Subscription Plan already in effect would not apply until the expiration of the then current billing cycle. If Contractor User does not want to pay the new price, Contractor User may cancel the Subscription Plan.
     
  2. Auto renewal: If Contractor User purchases a Subscription Plan that renews automatically, such as monthly or annually, Contractor User agrees that we may process your payment method on such monthly, annual, or other renewal term as selected by Contractor User. We will attempt to run your payment on or near the same calendar day as when you first purchased the Subscription Plan.
     
  3. Cancellation of a Subscription Plan: Contractor User may elect to cancel a Subscription Plan at any time. Any cancellation of a Subscription Plan will be effective as of the end of the then-current billing period. If Contractor User desires to cancel his/her Subscription Plan prior to the end of the current billing period, Contractor User may do so by logging into his/her account through the Handyman Chat Platform, accessing the account, and selecting “Cancel Subscription.”
     
  4. Payment Authorization: By agreeing to these Terms & Conditions, User is giving Company the right to, without further authorization, charge the on-file credit card, PayPal account, ACH, or other approved payment method after the expiration of the review period, which will be approximately five (5) days.
     
  5. Company Not Responsible for Services or Payments: Company merely provides a platform for Users to connect, and the Company has no responsibility or control over the services provided by Contractor User that Customer purchases. Nothing in these Terms & Conditions deems or will be interpreted to deem Company as Customer or Contractor User’s agent with respect to any services rendered here under. Company does not guarantee the performance, functionality, quality, or timeliness of Contractor User’s services or that a Customer can or will make payments.

6.  Prohibited Uses 

You may use the Handyman Chat Platform only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Handyman Chat Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To send, knowingly receive upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms & Conditions. 
  • To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any "junk mail," "chain letter," "spam," or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Handyman Chat Platform, or that, as determined by us, may harm the Company or Users or expose them to liability.

Additionally, you agree not to: 

  • Use the Handyman Chat Platform in any manner that could disable, overburden, damage, or impair the Handyman Chat Platform or interfere with any other party's use of the Handyman Chat Platform, including their ability to engage in real-time activities through the Handyman Chat Platform. 
  • As a Customer, whether via the Handyman Chat Platform or any other outside means of communication, contact another Customer to perform the services of a Contractor User advertised or posted on the Handyman Chat Platform.
  • Use any robot, spider, or other automatic devices, process, or means to access the Handyman Chat Platform for any purpose, including monitoring or copying any of the material on the Platform. 
  • Use any manual process to monitor or copy any of the material on the Handyman Chat Platform for any other unauthorized purpose without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of the Handyman Chat Platform. 
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
  •  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Handyman Chat Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Handyman Chat Platform via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Handyman Chat Platform.
     

7.  Intellectual Property. 

The App, Site, Handyman Chat Platform, and their entire contents, features, and functionality (including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are wholly owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms & Conditions permit you to use the Handyman Chat Platform for residential household use only. These Terms & Conditions do not constitute a sale nor convey to you any rights, title, or interest in or to Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Platform are the trademarks of their respective owners.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

  • Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached for display enhancement purposes.

You must not:

  • Modify copies of any materials from the Company.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Handyman Chat.

If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Handyman Chat Platform in breach of these Terms & Conditions, your right to use the Handyman Chat Platform will cease immediately and you must, at our option and direction, return or destroy any copies of the materials you have made. Any use of the Handyman Chat Platform not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.

Company respects the intellectual property of others and asks that users of our Platform do the same. In connection with the Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of the Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) must be provided to us. Please let us know as soon as possible by contacting the Company at info@handymanchat.com with the following:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our Platform that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under the law; 
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and the allegation of copyright infringement.

8. Term and Termination.

  1. Term: The term of these Terms & Conditions commences upon the Effective Date or the date User creates an account through the Platform, whichever is earlier. The Term continues until terminated by either Company or User as provided below.
     
  2. Termination by Company: Company reserves the right to, at any time and for any reason or no reason at all, terminate User’s account, including any access to the App or the Handyman Chat Platform.
     
  3. Termination by User: User can terminate his/her use of the App or the Handyman Chat Platform by deleting his/her account or by providing seven (7) days’ prior written notice to Company. If a Contractor User Owes any money under the Subscription Plan at the time of termination, termination will not take effect until such amounts are paid to the Company in full.
     
  4. Provisions Surviving Termination: Applicable provisions of these Terms & Conditions survive termination, regardless of whether so stated explicitly, including, but not limited to, intellectual property provisions, ownership provisions, indemnification, disclaimers, liability limitations, and outstanding payments

9. Confidentiality. 

In connection with these Terms & Conditions, the Company may disclose, or a User may learn of or have access to, certain confidential proprietary information owned by the Company or its affiliates, business partners, or clients (“Confidential Information”). Confidential Information includes, but is not limited to, any data or information, oral or written, that relates to the Company or any of the Company’s existing or contemplated business activities, business and marketing strategies, technology, developments, software, software designs, methods, trade secrets, and clients. Users shall protect Confidential Information from disclosure to others, using the same degree of care used to protect their own proprietary information of like importance, but in any case using no less than a reasonable degree of care.

10.  Indemnification.

User agrees to defend, indemnify, and hold harmless the Company, its affiliates and licensors, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to User’s use of the App or Handyman Chat Platform.

11.  Limitation of Liability.

Company is not liable, and you agree not to hold Company responsible, for any damages, penalties, fines, fees, or other losses of any kind arising out of or in connection with the App, Site, Platform, or these Terms & Conditions, including, but not limited to

  • any payments from or to any User of the Handyman Chat Platform that exceed the Maximum Contractor Rate;
  • any violation of your jurisdiction’s licensing or permitting requirements in connection with the service provided, offered, or received through the Handyman Chat Platform;
  • your use of or your inability to use the Handyman Chat Platform;
  • delays or disruptions in the Handyman Chat Platform;
  • viruses or other malicious software obtained by accessing, or linking to, the Handyman Chat Platform;
  • glitches, bugs, errors, or inaccuracies of any kind in the Handyman Chat Platform;
  • damage to your hardware device from the use of the Handyman Chat Platform;
  • the content, actions, or inactions of third parties’ use of the Handyman Chat Platform;
  • a suspension or other action taken with respect to your account; and
  •  your reliance on the quality, accuracy, or reliability of job postings, profiles, ratings, recommendations, and feedback (including their content, order, and display), or other information on the Handyman Chat Platform.

The foregoing limitations apply notwithstanding any failure of the essential purpose of any limited remedy.

12. Disclaimer of Warranties.

THE HANDYMAN CHAT PLATFORM IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. COMPANY MAKES NO WARRANTY THAT ANY SERVICES, ADVICE, OR WORK PRODUCT RESULTING OR OBTAINED FROM THE HANDYMAN CHAT PLATFORM WILL BE ERROR-FREE OR PERFORMED IN ACCORDANCE WITH ANY SPECIFICATIONS, AND THE COMPANY IS NOT RESPONSIBLE TO ANY USER FOR ANY RESULTS OF SUCH WORK PRODUCT, OR FOR PAYMENT THEREON. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

13.  User Representations and Warranties.

  1. Authorization to Contract:  Contractor User and Customer represent and warrant that he/she is of legal age and has the authority to enter into a binding contract. 
     
  2. Impermissible Communication: Customer represents and warrants that he/she will not contact, whether via the Handyman Chat Platform or any other outside means of communication, another Customer to perform services advertised or posted on the Handyman Chat Platform. Contractor User represents and warrants that he/she will not contact any Customer for the purpose of performing services that are or may be posted on the Handyman Chat Platform upon the expiration of the Term of these Terms & Conditions.
     
  3. No Intellectual Property Rights Infringement: User represents and warrants that his/her use of the Handyman Chat Platform does not infringe upon or violate the Intellectual Property Rights of any third party.
     
  4. Grant of User Generated Content: User grants Company a license to use all content posted by user on the Handyman Chat Platform.
     
  5. Obtained Necessary Permits and Licenses: Contractor User and Customer represent and warrant that he/she has obtained all necessary legal documents, including, but not limited to, all permits and licenses, required by the jurisdiction where the services contemplated by these Terms & Conditions are being performed, and furthermore that all necessary and required approvals and consents have been obtained.

14. Dispute Resolution and Arbitration Agreement.

  1. Pre-Arbitration Dispute Resolution and Notification: Prior to initiating a Dispute, you and Company each agree to notify the other party of the Dispute and attempt to negotiate an informal resolution to it. Company will contact you at the email address you have provided to us; you can contact Company’s customer service team by emailing us. If after a good faith effort to negotiate, a party determines that the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
     
  2. Agreement to Arbitrate: You and Company mutually agree that any Disputes will be settled by binding arbitration. If there is a dispute about whether this arbitration agreement can be enforced or applies to a Dispute, you and Company agree that the arbitrator will decide that issue.
     
  3. Exceptions to Arbitration Agreement: You and Company each agree that the following claims are exceptions to the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
     
  4. Modification of AAA Rules – Attorneys’ Fees and Costs: You and Company each agree that either party may be entitled to seek an award of attorneys’ fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
     
  5. Arbitrator’s Decision: The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
     
  6. JURY TRIAL WAIVER: YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
     
  7. No Class Actions or Representative Proceedings: You and Company acknowledge and agree that each is waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of this arbitration agreement will be deemed void with respect to such Dispute.
     
  8. Severability: In the event that any portion of this arbitration agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the arbitration agreement shall be given full force and effect.

15. Non-Circumvention; Liquidated Damages. 

  1. The parties acknowledge that Company uses substantial labor and effort to connect Customer with Contractor User(s). User represents and warrants that he/she will not circumvent or attempt to circumvent Company or these Terms & Conditions, or in any way procure services from a Contractor User or Customer outside of the Handyman Chat Platform, without Company’s prior written consent. Should a User breach its warranty in this section, the damages to Company would be difficult to ascertain, and such breaching User Agrees to pay to Company as liquidated damages a one-time fee equal to the greater of: 1) fifty percent (50.00%) of Contractor User’s estimated contract amount with Customer; or 2) Two Thousand and 00/100 Dollars ($2,000.00 USD). Upon payment of the aforementioned fees described in this Section, Contractor User shall not perform any residential Customer repair or maintenance services to Customer outside of the Handyman Chat Platform without Company’s provide written consent.
     
  2. At Company’s discretion, any Users violating or assisting other Users in violating Section 15(a) above may have substantial restrictions placed on their account that may meaningfully limit their usage of the Handyman Chat Platform, including, without limitation, termination of such User’s account.

16. Miscellaneous.

  1. Notice:  Any notice or other communication given hereunder to Company shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail, or courier addressed to the Company at the following address: P.O. Box 3190 Norfolk, VA 23514, and any notice or other communication given hereunder to User shall be deemed sufficient if in writing and sent to the email address provided by User to Company to create User’s account. Notices hereunder shall be deemed to have been given on the date of mailing or emailing, except notices of change of address, which shall be deemed to have been given when received.
     
  2. Modification:  Company may revise and update these Terms & Conditions from time to time in its sole discretion and timing upon a notification on the Platform or through email. All revisions, updates, or changes are effective immediately when posted to the Platform and apply to all access to and use of the Handyman Chat Platform thereafter.  However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the Parties have actual notice on or prior to the date the revision, update, or change is posted on the Platform.  Your continued use of the Platform or any jobs accessed via the Platform following the posting of revised, updated, or changed Terms & Conditions means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s).  User is expected to check and read the revised Terms & Conditions when Company provides notice through the Platform or email, prior to continuing to access or utilize the Platform so he/she is aware of any revision, update, or change, as they are binding on User.
     
  3. Binding; Entire Agreement: These Terms & Conditions are binding upon and inure to the benefit of the Company and the Users and to their respective heirs, legal representatives, successors, and assigns.
     
  4. Governing Law; Venue: This Agreement and its validity, construction, and performance are governed by, construed under, and enforceable in all respects in accordance with the laws of the Commonwealth of Virginia, without reference to its conflicts of law principles. For those claims that are an exception to the arbitration agreement as set forth in Section 14 above, all Parties here to submit to both the exclusive jurisdiction of the state and federal courts located in the City of Norfolk, Commonwealth of Virginia.
     
  5. Waiver; Severability: The waiver by the Company of a breach of any provision of these Terms & Conditions will not operate or be construed as a waiver of any subsequent breach. If any term or provision of these Terms & Conditions or the application thereof to any person or circumstance are, to the extent applicable, invalid or unenforceable, the remainder of these Terms & Conditions and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of these Terms & Conditions will be valid and be enforced to the fullest extent permitted by law.
     
  6. Attorneys’ Fees: If Company prevails in any legal action to enforce the terms of these Terms & Conditions, the non-prevailing Party shall pay to Company all costs, fees, and expenses, including attorneys’ fees, incurred by Company in such action. As used herein, “prevails” means a final judgment, order, or decree rendered or entered in Company’s favor.
     
  7. Limitation of Term of Action: User agrees that any cause of action by User arising from or related to such User’s relationship with Company or use of the Platform has a one (1) year statute of limitations.
     
  8. Section Headings Non-Binding: All section and subsection headings are not legally binding nor a part of these Terms & Conditions.

 

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