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| Terms of Agreement The terms of agreement herein are applicable to current Handy Beaver customers, visitors, buyers, service providers, franchisees, vendors, and all users of HandyBeaver.com, either in whole or in part. You, as to whom this terms of agreement applies, agree to be bound by this terms of agreement in its entirety. You agree to be bound by any changes to this terms of agreement, in which Handy Beaver may constitute as necessary, at our sole discretion, without regard. If you have purchased products or services from Handy Beaver, the terms of this agreement shall continue in full force and effect as long as you take advantage of and use the products or services provided. You agree that Handy Beaver shall not be bound by any representations made by third parties, resellers, franchisees, or vendors whom you may use to purchase products or services from Handy Beaver, either through HandyBeaver.com or other sources, in which we may or may not be affiliated with. You agree that Handy Beaver will not be bound to any statements that may be posted on Handy Beaver's website (HandyBeaver.com), or any other source, medium, or marketing avenue, by any third-parties, including, but not limited to, affiliates, partners, franchisees, customers, visitors, vendors, promoters, marketers, or any other such persons or entities. Terms of Termination Handy Beaver reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, the immediate termination of your account, denial of any access to HandyBeaver.com, termination of any and\or all services provided, or any other course of action that are deemed necessary as a result of any breach by you of these Terms of Use herein, and\or breach by you of our affiliate’s, partner’s, or vendor’s Terms of Use policies that are applicable to Handy Beaver products or services as provided. You agree that should you elect to terminate your use of Handy Beaver products or services, Handy Beaver shall not refund any monies received from you, your heirs, successors, agents, or any other representative figures of yourself, either in whole or part, unless otherwise stated with a money back guarantee, under which additional terms and conditions will apply. Any will to terminate your use of Handy Beaver products or services must be received by Handy Beaver via Email no earlier than 10 calendar days prior to your billing date and no later than 3 days prior to your billing date to avoid any reoccurring charges, if such charges are applicable to your account. Use of Handy Beaver Content Handy Beaver strictly prohibits the use, display, leaching, modification, reverse engineering, cloning, saving, or copying of any content, including but not limited to this Terms of Agreement herein, our Privacy Policy, and source code, found, obtained, viewed, or located on any web page, document, or resource (online or offline), under domain HandyBeaver.com, either in whole or in part, in any fashion that would constitute a violation of intellectual copyright laws as governed by the U.S. Federal Trademark and Copyright Office. All content, as defined above, is the intellectual property of Handy Beaver and Handy Beaver’s partners, vendors, affiliates, and any other third parties with which Handy Beaver conducts business. Under no circumstances shall such prohibitions be breached by you, your heirs, successors, agents, or any other representative figures of yourself, unless otherwise stated in a conditional limited terms of use policy applicable to the products or services provided by Handy Beaver or Handy Beaver’s partners, vendors, affiliates, and any other third parties with which Handy Beaver conducts business. You agree that should Handy Beaver believe, without a reasonable doubt, that you are in breach of these provisions, whether proven or not, that Handy Beaver reserves the right to immediately terminate your account under the provisions as outlined in the Terms of Termination section of this Terms of Use Agreement and to take a legal course action to the highest extent of the law to recover from any exemplary or punitive damages, including loss of profit. Trademark Notices All trademarks and logos are the intellectual property of their respective owners. Handy Beaver claims ownership of the Handy Beaver logo, Hany Beaver mascot, and Handy Beaver brand name. Any use of any such trademarks or logos from HandyBeaver.com is strictly prohibited without the prior written consent from Handy Beaver or the respective owner of such trademark or logo. Affiliates whom participate in marketing Handy Beaver products or services must agree with a limited terms of use policy which restricts the use of such trademarks and logos to only those that are encompassed within the content that is supplied by Handy Beaver specifically for affiliate marketing. This also holds true for Handy Beaver franchisees whom are also provided with Handy Beaver marketing materials designated exclusivey for franchisess. Handy Beaver Site Restrictions. You agree not to use HandyBeaver.com to transmit, distribute, store or destroy material, including without limitation Handy Beaver content, in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Handy Beaver or others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful in any manner. Handy Beaver prohibits users of HandyBeaver.com from violating or attempting to violate the security of HandyBeaver.com, including, without limitation, the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is 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 any Handy Beaver website, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Handy Beaver will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Account Information Upon signing up for any Handy Beaver product or service, Handy Beaver collects various information from you, without limitation, that is deemed as necessary to provide the products or services we offer. You agree that Handy Beaver may disclose to third parties, on an anonymous basis, certain aggregate information contained in your account profile. Handy Beaver will not sell, lease, or disclose, to any third party, your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Handy Beaver reserves the right to offer third party services and products to you based on the preferences that you have identified in your account profile. Such offers may be made by Handy Beaver, Handy Beaver’s partners, affiliates, vendors, or any other third party business entity in which Handy Beaver conducts business with. Account Security Handy Beaver strives to provide the highest level of security to protect your pertinent data as well as that of our many other customers. In making this effort, we are also very dependent on our customers to maintain the confidentiality of their login credentials. Therefore, we ask that you take responsibility for your account login credentials and agree to be held liable for any activities that take place under your account. You also agree to immediately notify Handy Beaver of any breach in security or unauthorized use of your account. You further agree that you could be held liable for losses incurred by Handy Beaver or another party due to someone else using your account login credentials. No SPAM -Unsolicited Bulk Email You agree that for the duration of your use of Handy Beaver’s products or services you shall not use such products or services to transmit, deliver, or otherwise send SPAM or unsolicited bulk Emailing. Handy Beaver reserves the right to terminate your account or any accounts under which any SPAM or unsolicited bulk Emailing activities have taken place. You agree to pay Handy Beaver for any actual or liquidated damages that may have resulted from such activities. A fee of one U.S. dollar per Email will be charged for such activities when no cost of actual damages can be assessed. Handy Beaver reserves the right to release any information required by local law enforcement agencies in cooperation with any judicial investigations evolving from such activities. Policy on Third Party Legal Process Handy Beaver fully cooperates with law enforcement officials with any investigations, subpoenas, or other legal processes in regards to any Handy Beaver related matter. Handy Beaver will supply any requested materials, information, documents, or other records of interest to any third party requests providing that the request is proven to be related to a legal mater without a reasonable doubt. Handy Beaver reserves the right to charge an administrative fee of one hundred U.S. dollars for any requests of this nature. Requests which involve extensive research or resources may constitute additional hourly fees. Special Terms for Projects You agree to hold Handy Beaver harmless for any consequential damages, poor quality, poor craftsmanship, safety hazards, violations of Federal or State building codes or laws, or any other less than satisfactory outcome that has resulted in part from choosing a service provider from HandyBeaver.com to perform any kind of work or projects on one or more of your properties. Hand Beaver shall not be held liable for the actions of service providers outside of the relm of this website (HandyBeaver.com), either in whole or in part. Limitation of Liability Handy Beaver makes no claims, promises or guarantees about the accuracy, completeness, links, timeliness, or adequacy of the contents HandyBeaver.com and expressly disclaims liability for errors and omissions in the contents of the HandyBeaver.com website. Handy Beaver will not under any circumstances be liable for any damages whatsoever, including any special, indirect, incidental, consequential or exemplary damages resulting from the use or loss of use of the service, due to any cause, even if Handy Beaver has been advised of the possibility of such damages. In any event, Handy Beaver’s total liability to you for all damages (Whether based on contract, torte or other theories) will be limited to the amount you actually paid for the service during the month in question. Some states and jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. If you reside in such a state then the above limitation may not apply to you. Disclaimer of Warranty Handy Beaver does not warrant that the HandyBeaver.com website will operate error-free or that any of the websites hosted on one or more of Handy Beaver's servers will operate error-free or is free of computer viruses or other harmful mechanisms. Handy Beaver will not be held liable for the need for servicing, equipment replacement, loss of any data, or any miscellaneous costs associated with such damages as a result of using OribtalWebDesign.com or any other websites which may be hosted on Handy Beaver servers. All Handy Beaver content, services, and products are provided on an "As is" basis without any warranties of any kind. Handy Beaver, to the fullest extent permitted by law, disclaims warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Fees and Payment You agree to pay any fees or amounts due for any products or services provided to you by Handy Beaver prior to the date due as defined in your account profile. Products or services which constitute reoccurring fees, whether on a daily, weekly, monthly, or annual basis, are often charged to pertinent banking account information that is supplied by you, either during account signup or through your account profile, and is charged via an automated process. Should this automated process fail to charge your account as a result of any errors with your pertinent banking account information then you agree to be held responsible for paying Handy Beaver via another medium, either by phone, mail, Pay Pal, or other medium, no later than 15 days after the failed attempt to charge your account. You will be notified via Email and\or telephone if any such attempt fails. Handy Beaver may initially charge a pro-rated fee for any products or services rendered under new accounts that are established, neither at the beginning nor at the ending of a billing period, but anywhere in between the billing period. Handy Beaver reserves the right to engineer alternative terms of payment, with agreement from all payees involved, on a project to project basis, for any projects that require extensive development or resources resulting in fees or amounts due that are large enough to sustain a financial hardship, risk or are otherwise based on the progress of the project over a period of time. You agree that Handy Beaver reserves the right to cancel and\or terminate any accounts with a delinquency greater than 15 days. Handy Beaver will not be responsible for the loss of any data associated with the termination of such accounts. Links to Other Sites Some of the web pages under the domain HandyBeaver.com may have links to other websites. This disclaimer warrants that Handy Beaver will not be held liable for any damages to your computer, hardware, software, or any other device used to access such links nor will Handy Beaver be held liable for the content, or credibility of any content, of such links or domains thereof. |
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