Terms of Service

HANDYMAN ON DEMANDTM Terms of Service

Revised: November 1, 2022

Welcome to Handyman On Demand

Terms of Service

Introduction

HandymanOnDemand.com (herein referred to as “WEBSITE”) is an Internet service owned and operated by HOD-MX, LLC (HOD-MX). HOD-MX is dedicated to providing our clients and the people we encounter and work with, a highly positive experience, while at the same time protecting our rights and the rights of our clients. We have developed these Terms of Service (TOS) to govern how we conduct our business together. We, along with our affiliates and partners, provide a subscription-based property maintenance management service to our clients (SERVICES). Your use of the WEBSITE and/or our SERVICES informs us that you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you, as SUBSCRIBER and HOD-MX. If you do not agree with any of these terms, please exit the WEBSITE, cancel any subscription you may have with us, and cease using any of our services.

Automatic Recurring Billing

SUBSCRIBER hereby authorizes HOD-MX to process automatic, recurring payments and allows SUBSCRIBER to pay the HOD-MX on a one-time, recurring or sporadic basis.as either electronic ACH debits or credit card transactions for the invoiced billing period until the subscription is terminated. You can cancel your billing arrangement at any time (See Cancelation and Refunds below) or arrange a different payment method by contacting us directly.

Cancelation and Refunds

Canceling of subscription. There are no cancelation fees.. Should SUBSCRIBER or HOD-MX wish to cancel SUBSCRIBER'S subscription with HOD-MX, the canceling party must immediately notify the other party so a resolution of any issues or concerns might be resolved. If the cancelation must proceed, the canceling party shall immediately provide the other party with 30 days written notice. This is necessary for HOD-MX to deactivate and offboard SUBSCRIBER'S account from our system.

Cancelation for failure to pay. In the event SUBSCRIBER's payment fails to successfully process, HOD-MX may elect to freeze or cancel SUBSCRIBER's account. A failure to successfully process a payment serves as a notice of immediate cancelation, and while the service is canceled, SUBSCRIBER remains obligated to remit the failed payment.  

Refunds. In the event SUBSCRIBER or HOD-MX cancels SERVICES provided under this agreement, and SUBSCRIBER is not then in arrears of any payment required hereunder or otherwise in default of this SUBSCRIPTION, SUBSCRIBER shall be entitled to a pro-rata refund calculated by taking the number of days between the effective cancelation date and the last day of the month.

Website and Other Channels

All of the information, content, services, and software displayed on, transmitted through, or used in connection with the WEBSITE or Other Channels, including, for example, email, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "CONTENT"), are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights) and are the intellectual property of HOD-MX, and its affiliated companies, licensors, and suppliers. HOD-MX actively protects its rights to the CONTENT to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use, or publication by you in any medium, directly or indirectly, of any such matters or any part of the WEBSITE, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.

Trademarks.  The CONTENT includes logotypes, trademarks and service marks (collectively "MARKS") owned by HOD-MX, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by HOD-MX.

You may use the CONTENT online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the CONTENT for your personal or commercial use, provided you do not remove any trademark, copyright, or other notice contained in such CONTENT. No other use is permitted unless otherwise expressly permitted by HOD-MX. You may not, for example, republish the CONTENT on any Internet, Intranet, or Extranet site or incorporate the CONTENT in any database, compilation, archive or cache or store the CONTENT in electronic form on your computer or mobile device unless otherwise expressly permitted by HOD-MX. You may not distribute any of the CONTENT to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display, or otherwise use any portion of the CONTENT without securing the prior written consent of HOD-MX.

Requests to use the CONTENT for any purpose other than as permitted in this paragraph should be submitted as directed on the WEBSITE or Other Channels, as applicable.

Access to the CONTENT is available to you on the WEBSITE due to your client relationship with us. In exchange for your access to this content, you agree that you will not, and will not permit any third party to view, remove, obstruct, modify or otherwise interfere with the delivery of the CONTENT on the WEBSITE.

Use of the Website

All of the information, content, services, and software displayed on, transmitted through, or used in connection with the WEBSITE or Other Channels, including, for example, email, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "CONTENT"), are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights) and are the intellectual property of HOD-MX, and its affiliated companies, licensors, and suppliers. HOD-MX actively protects its rights to the CONTENT to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use, or publication by you in any medium, directly or indirectly, of any such matters or any part of the WEBSITE, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.

The CONTENT includes logotypes, trademarks and service marks (collectively "MARKS") owned by HOD-MX, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by HOD-MX.

You may use the CONTENT online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the CONTENT for your personal or commercial use, provided you do not remove any trademark, copyright, or other notice contained in such CONTENT. No other use is permitted unless otherwise expressly permitted by HOD-MX. You may not, for example, republish the CONTENT on any Internet, Intranet, or Extranet site or incorporate the CONTENT in any database, compilation, archive or cache or store the CONTENT in electronic form on your computer or mobile device unless otherwise expressly permitted by HOD-MX. You may not distribute any of the CONTENT to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display, or otherwise use any portion of the CONTENT without securing the prior written consent of HOD-MX.

Requests to use the CONTENT for any purpose other than as permitted in this paragraph should be submitted as directed on the WEBSITE or Other Channels, as applicable.

Access to the content is available to you on the WEBSITE due to your client relationship with us. In exchange for your access to this content, you agree that you will not, and will not permit any third party to view, remove, obstruct, modify or otherwise interfere with the delivery of the CONTENT on the WEBSITE.

User Generated Content

The interactive areas of the WEBSITE are provided to give users a forum for commercial conversation, ideas and information. To protect your safety, please use your best judgment when submitting information to the WEBSITE. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. HOD-MX reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content

By placing material on, or communicating with, the WEBSITE, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant HOD-MX and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the WEBSITE in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize HOD-MX to include the information you provide in a searchable format that may be accessed by users of the WEBSITE, other HOD-MX websites owned or operated by HOD-MX, and Other Channels. You also grant HOD-MX and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant HOD-MX the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note that HOD-MX does not accept unsolicited materials or ideas for use or publication. HOD-MX is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HOD-MX.

Website and Data Security

You are prohibited from violating or attempting to violate the security of the WEBSITE or Other Channels, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the WEBSITE, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HOD-MX will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

Communication with Third Parties via Website

Your dealings or communications through the WEBSITE and Other Channels with any party other than HOD-MX are solely between you and that third party. For example, certain areas of the WEBSITE and Other Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will HOD-MX be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Software Available on the Website

Any software that is made available to download from the WEBSITE or Other Channels ("Software") is the copyrighted work of HOD-MX' suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

International Users

The WEBSITE and certain Other Channels are controlled, operated and administered by HOD-MX from its offices within the United States. HOD-MX makes no representation that materials or the CONTENT available through the WEBSITE or Other Channels are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the WEBSITE or Other Channels, or export the CONTENT in violation of U.S. export laws and regulations. If you access the WEBSITE or Other Channels from a location outside the United States, you are responsible for compliance with all local laws.

Modification

HOD-MX shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the WEBSITE or Other Channels shall constitute your acceptance of any changes. HOD-MX shall have the right at any time to change or discontinue any aspect of the WEBSITE or Other Channels, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

Disclaimer

ALL MATERIALS AND SERVICES ON THE WEBSITE, OTHER CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. HOD-MX IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR OTHER CHANNELS. BECAUSE HOD-MX HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT HOD-MX IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES AND THAT HOD-MX DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HOD-MX SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. HOD-MX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR OTHER CHANNELS AT ANY TIME, INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. HOD-MX EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. HOD-MX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. HOD-MX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR OTHER CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR OTHER CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. HOD-MX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

Indemnity and Limitation of Liability

AS A CONDITION OF USE OF THIS WEBSITE, ANY OTHER CHANNELS, AND/OR ANY OF OUR SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOD-MX, HANDYMAN ON DEMAND.COM, ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES. EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY, AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF OUR SERVICES, OUR WEBSITE OR ANY OTHER CHANNELS; (B) HOD-MX USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any HOD-MX or with any of HOD-MX terms and conditions, your sole and exclusive remedy is to discontinue using our services,

Under no circumstances, including but not limited to negligence, shall HOD-MX or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the SERVICES, unauthorized access to or alteration of your transmissions or data, the CONTENT or any errors or omissions in the CONTENT, even if advised of the possibility of such damages. You specifically acknowledge and agree that HOD-MX is not liable for the conduct of any user.

General

These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the WEBSITE and Other Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.

These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the State of Nevada. If any action to enforce this agreement shall be brought, you agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Nevada. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the WEBSITE must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of HOD-MX to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of CONTENT, the license(s) you have granted to HOD-MX, and all other provisions for which survival is equitable or appropriate. HOD-MX may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

Under no circumstances, including but not limited to negligence, shall HOD-MX or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the SERVICES, unauthorized access to or alteration of your transmissions or data, the CONTENT or any errors or omissions in the CONTENT, even if advised of the possibility of such damages. You specifically acknowledge and agree that HOD-MX is not liable for the conduct of any user.

Contact Information

Contact us with questions or problems here: https://HandymanOnDemand.com/contact/